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    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
    • I'm trying to understand your story because is not completely clear. You bought the car auction and you were aware at the time of the purchaser there was an ABS fault. Subsequently an ABS fault developed both this was a different fault and not of the type that have been flagged up at the auction. Is this correct? If you bought the car knowing that there was a particular ABS fault then I don't think you have any comeback. However if the fort which subsequently occurred is not the one which was flagged up at auction then you may be in a better position
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MandM

Egg Card now owned by Barclaycard

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Just wondered if anyone can advise me on what line I should pursue.

 

I am currently in the early stages of court proceedings on another thread for an Egg loan - which led to me reading other things on this site, particularly lots of stuff about Egg cards.

 

Can anyone advise me on whether or not I have anything worth pursuing.

 

Will summarise;

 

In 99 or 2000 took out an Egg card online which ran ok for many years. I know I had PPI and account ran up and down to around £11k.

 

A few years into the account i questioned the need for the PPI and they stopped it. (not sure of exact dates)

 

Account balance eventually dropped to about £4k and last year i asked them questions about the PPI but was told I was wasting my time as the application was done online and i'd ticked the box!

 

I got into financial difficulties early this year, did an 'income and expenditure exercise and offered each of my creditors a monthly payment pro rata. Egg ignored my letters for 3 months (but managed hundreds of phone calls, 3 further letters of their own, texts etc) and then issued a Default Notice!

 

6 weeks later they sent a further letter terminating my account and handed it to a DCA called DLC. They agreed to the monthly amount that i'd offered Egg within a matter of days!! :eek:

 

I'm assuming that the debt was probably sold on.

 

My question is this - Does anybody have an opinion on what I should be doing now/next? Should I be issuing anything to Egg or DLC at this stage or should I let sleeping dogs lie?

 

Any advice gratefully received.


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ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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First of all, I wouldnt necessarily assume that DLC have bought the debt - they might have. I had DLC on my case early on with Egg, and eventually - faced with the "Approved limit" observation about their agreements, they went away to be replaced by ARC. Of course they might have bought it, but i would inquire further to find out if they have or if they are only acting as agents.

Given the age of the card, I would either CCA them or (maybe better) do an SAR. The latter is more expensive (£10 compared to £1), but they have to produce the agreement and not just a "true copy" which can basically just be an assemblage, concealing that they dont have one (RBS tried that one with me when I CCAd them, but when I did a Subject Access Request I got a letter back admitting that they dont even have the original application form, never mind anything else). So unless the £10 is going to be a problem, that is what I would do.

As I say, given the age, I would expect it to have the kind of problems that my "agreement" with them has - "Egg Credit card for ...." not credit card agreement; possibly no right to cancel; but most of all "approved limit" with no reference to "credit limit" and thus omitting a terms prescribed by the CCA. You could do worse than have a look at this http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html#post2024413

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Thanks SFU. So onto the next step. I can find a few good templates on here for Subject Access Request.

RBS tried that one with me when I CCAd them

Cannot find one yet for how to 'CCA' a company! any pointers anyone? However, If the subject Access Request covers what I need i'll just do that> Sorry if I appear a bit dim here but this will all be new ground for me.


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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you could use letter 8, adapted for your own circumstances, at The Consumer Forums - Debt collectors.

But SAR and CCA arent the same. For a CCA the lender can send you a true copy - ie "the agreement is like this". Many will send you a copy of the document (eg a photocopy of your application form) but they dont have to do this for a CCA so you can never be really sure what they have on you. In contrast with a SAR they have to deliver up everything with your name on it - letters, statements and, if they have it, your agreement. So you have a clearer idea of what they have with a SAR. There is a thread on here - dont know where it is, sorry, - going through why a SAR can be a better route than CCA for the kind of reasons sketched out here. The only problem with a SAR request is that it costs £10 rather than the £1 for a CCA.

Below is a copy of a SAR letter that i sent to a lender and which did the trick (must have copied it from somewhere and adapted btw)

Dear Sirs

 

Account number xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

I write with regards to the above account with your organisation and in particular your letter to me of xxxx.

I note your opinion that the documents furnished to me by your bank are an adequate response to my s78 request to them. I have to say that respectfully, I disagree. In my view, only a signed and complete (in terms of the Consumer Credit Act 1974 and associated regulations, in particular SI 1983/1553) signed executed credit agreement will suffice. However, I recognise that this is a matter of dispute. Therefore, as I am entitled to do by the Data Protection Act 1998, I am making a Subject Access Request of your bank. This requires you to supply me with all data that you hold on me, including in particular, but not limited to, the following:-

1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were opened.

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR. - delete or add this depending on whether you are sending this to the original creditor/or a debt collection agency

3. True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold.

4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).

5. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.

6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

9. Copies of statements for the entire duration of the credit agreement/s.

10.Termination notices

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec).

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

  • Haha 1

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Thank you SFU. I'll do some reading when I get home tonight. Looks like the £10 is money well spent! so on the face of it i'll probably go that route. Will keep posting.


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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3 threads merged.

Edited by MARTIN3030

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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My reference was to your Egg Card with no reference to the loan (or at time of writing even any awareness of this, beyond what you said in what is now post 104). I dont have any experience with loans, so I am going to pass on anything to do with that - and in any case I really couldnt add anything to the quite excellent advice and support you have had already.

However, re the card, I would certainly send them a SAR and see what comes up. As I said, if its from round about 5-10 years ago there is a decent chance that they will have problems with its enforcement. So send them a letter and after that you can only sit back and wait (mid November before you get anything in all likelihood).

Good luck with that and the court case re the loan.I'll keep watching.

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ty Martin


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Mand-Have moved the 2 Card posts into their own and done the retitle as you asked.

Hope its ok now-if not then just report again pref giving post page numbers of any further that you want moving.

Martin.:)


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ok changes made as req.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I would certainly send them a Subject Access Request and see what comes up. As I said, if its from round about 5-10 years ago there is a decent chance that they will have problems with its enforcement. So send them a letter and after that you can only sit back and wait (mid November before you get anything in all likelihood).

Will do my letter this weekend and in the meantime will try and find out about the DCA that are dealing with it. Tricky bit is establishing the truth without rocking the boat as i'm getting away with paying a nominal sum!

 

Makes me think even more that they've something to hide as they gave in to my offer after one letter! Card is 11 years old btw :)


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Egg have recently been using a few different DCAs including, Collect Direct (based in Leeds) and Fredricksons.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Martin, I know this isnt my thread, but your last post is very relevant to something on my mind re Egg. I havent heard from Egg or Arc for a couple of months now. I think I might have frightened Arc off by pointing out to them that Trev wasnt really that much use in my case as I was in Scotland and that the Civil Jurisdiction Act applied. However, it would make sense for Egg to contact a DCA in Scotland - and there are plenty of them. Is there any word on which ones in Scotland Egg use (if any?)

Thanks :)

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I will try to find out for you


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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The one Egg are using on me are called DLC based in Brackley, Northamptonshire. DLC is apparently a trading name for Hillesden Securities - will find out what I can about them - has anyone else dealt with them?


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Yes Hillesden and DLC (Direct legal collections) are one and the same.

I have had issues with them myself.

They are the same ones refd in the thread I gave the link to.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Will have a look at your thread when I get a minute.

If they are passing your account around,then there are ways to sort it-I cant really comment in the absence of not looking at your thread-but I am pretty confident I can help you in some way or other.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Had a peek at the Scottish thread myself! Very interesting, would like to know how it ended though, was like reading a book with the last chapter missing lol.


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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OK all. SAR has finally arrived. Thousands in PPI!!! Just need to get my head around it before my next post.

 

According to Egg, the PPI stands as I ticked a box on the online application asking for it. Will look at the docs and see what I find and post it up. Any hints............

 

M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Right, Have been reading through the volumes of paperwork returned in response to my SAR.

 

With regards the PPI I did query the fact that I was paying PPI back in early 2008 and asked for it to stop. I also questioned why I was paying it and this was treated as a complaint. Their response was, as posted above, that I had ticked it on the online application.

 

I now have a copy of my agreement and there's no mention of PPI. Funnily enough, there is no copy of the Application that I filled in.

 

I've added it up and there's in excess of £4.5K that i've paid.

 

Anyone know what I do next?

 

Thanks,

 

M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Bump :)


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Ticking the box is one thing,not receiving the proper advice and then being mis-sold PPI is another IMO.

 

One of my cards said 'Tick The box if you do not want protection' and others say 'Tick if you do'.

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