Egg Card now owned by Barclaycard

[MandM]

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!!

 

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.

[seriously fed up]

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

[MandM]

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.

[seriously fed up]

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,

[MandM]

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.

[MARTIN3030]

3 threads merged.

Edited October 7, 2009 by MARTIN3030

[seriously fed up]

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.

[MandM]

ty Martin

[MARTIN3030]

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.

[MARTIN3030]

Ok changes made as req.

[MandM]

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

[MARTIN3030]

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

[seriously fed up]

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

[MARTIN3030]

I will try to find out for you

[MARTIN3030]

You might find this thread interesting;http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/170229-egg-court-summons.html

[MandM]

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?

[MARTIN3030]

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.

[seriously fed up]

DLS were the first ones they set on me, then ARC - just thinking about who might be next

[MARTIN3030]

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.

[seriously fed up]

that would be great thanks;)

[MandM]

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.

[MandM]

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

[MandM]

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

[MandM]

Bump

[middenmess]

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'.