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    • its not a penalty charge. hope you've not used that word or the word FINE in any comms else you'll be viewed as someone that hasn't a clue what they are talking about...
    • An update 2 weeks further-on for the benefit of anyone coming along later in similar circumstances or currently following for a directly related reason.   No response to date from the Hospital, either to original correspondence or subsequent chase.   No response yet from PALS, written-to with all details/copies just a week ago after allowing a period for the Hospital to respond to a chase letter and step-up and have the penalty charge cancelled.   All corres. Special Delivery.   Parking charge reminder received from CPP dated 11 days after original (no contact intended with CPP, less than zero intention of making payment this side of eternity.)   FOI request sent Re. car parking equipment reported-faults - request received and acknowledged.   MP contacted, details/copies provided, moving toward meeting Re their involvement.   To contact press, local radio etc. accordingly.   Watch this space ...            
    • Hi all, apologies for the late degree of replies, I was using a mobile earlier and could not navigate the page very well. I have been trying to reply to each individual reply but cannot see where I can do that and I used "quote" which I am informed is incorrect (apologies if this has somewhat cocked things up)   Anyway I have established a little more info , as per Andy's enquiry, James ( my friend and the client in this instance) has confirmed it was Debt Free Direct who had set up the original IVA but they went into administration and were sold onto a company called Apperture, This is the company that Equity in Finance are supposedly holding any PPI recoveries for.   It transpires that Equity In Finance were "promoted" by Debt Free Direct as being able to recover PPI costs for James on the premise that HE would be receiving any recoveries less their fee for handling the claims, there was absolutely NO transparency that they would be with-holding all funds received for any and ALL ppi claims whether involved or not.   James is calling to see me tomorrow and we are going to check his credit file and also send off SAR's to ALL parties involved in the debacle. This will include, Apperture, Equity in Finance, The IP who handled the IVA and each of the banks/ loan companies & credit card companies he has personally claimed PPI from and also the ones that Equity in Finance have handled directly.   As I say there is definitely a rabbit off somewhere - Equity in Finance have taken / been sent every penny of the PPI recoveries including the ones that they have had no involvement in and the most recent being just in the last 4 weeks, despite the IVA being advised as closed in 2013 !!   even on the initial debt of £17000 plus fees ( currently shown on debt free direct website @ circa £3500 - yes they are apparently trading again !! ) the payments made under the IVA and the recoveries under PPI  have totalled been more than £40k so James is owed a hell of a lot of money which I can see no way that these companies are legally with-holding from him.   Lets see what the SARS bring in and then we will have a more defined basis of EXACTLY what we are looking at    Thanks guys for the initial advices - I will keep you all up to date on developments but any advices in the interim would be greatly accepted    Just a few links for reference :-  https://www.credit-connect.co.uk/commercial-news/corporate-insolvency/debt-free-direct-sold-aperture/   Debt free directs current ?? website https://www.debtfreedirect.co.uk/   Debt free direct confirmation of average fees and how paid   https://www.debtfreedirect.co.uk/fees
    • I have known some just take their commision direct from the account......as long as they are only invoicing you thats fine...ignore their invoices.
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CITIZEN.XYZ

The Curious Case of the unfair CCJ and the missing Bryan Carter

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Forgive my Sherlock Holmes type topic header…

 

I am in desperate need of some advice from you good people in this forum, as I have now hit a metaphorical brick wall.

 

Some years ago I had an EGG credit card. The card had been used and in operation for about five and half years, during this time there had been no missed repayments. Then during mid 2009, the minimum repayments were inexplicably increased by around 50%. At the time it seemed that they were almost trying to engineer a default.

 

I am self-employed and business wasn’t doing so well, so in May 2009 I wrote to EGG and explained this and made reduced repayment proposals to service the debt. I had no responses. After many unsuccessful attempts to contact them and elicit a response, I defaulted on the debt.

 

In December of 2009 I received a letter from Fredrickson claiming that I had failed to make a repayment proposal (although I had done so on many occasions, plus sent them all by recorded post). Then, all went quiet for a long period of time…

 

The first I knew of any sort of problem was when I received a CCJ "Judgment By Default" through the post in 2011.

I was totally unaware that there had been a court summons issued to attend Bradford County Court.

Not knowing about this, coupled with the fact that Bradford is nowhere near where I live, I missed it all.

 

I then took it to my local court whereby Bryan Carter Solicitors became involved (representing Egg).

The judge made the Interim Charging Order final and accepted my proposed terms of payment.

Curiously, Bryan Carter Solicitors did not show up at the court, which did annoy the judge, but the rule of losing your case by non-attendance didn’t seem to apply to them – which in itself is bizarre and unfair.

 

The upshot of all this is that I made arrangements to make repayments every calendar month to Bryan Carter Solicitors and this remained in place. I continued to pay this for the next two and a half years.

 

After this time, my self-employed business hit further hard times and I had to cancel the repayments.

This was a decision I did not take lightly, but I simply had to stop due to hardship.

I informed Bryan Carter, but no response was received.

Life carried on and I was (and still am) rebuilding my self-employed business.

 

Recently, I decided that I wanted to resume the repayment plan and reinstate the standing order.

On August 10 of this year, I sent a recorded “signed for” letter to Bryan Carter Solicitors requesting them for a statement of the account and asking if their standing order details are still valid.

I even asked if they were still overseeing the Egg debt.

I heard nothing back from my letter, despite knowing that it had been signed for on 14 August.

 

I then came across articles on the Internet stating that Bryan Carter Solicitors had been dissolved.

 

I am now very concerned for many reasons:

 

During the time of I have been making repayments to Bryan Carter, I have never received a statement (or acknowledgement of monies received)

What has been happening to my money? Who has got it?

 

I am still confused how an unsecured credit card debt can find its way to morphing into a charge against my property, but it has happened. Having said that – how do I go about repaying this debt back (and to whom?) or getting rid of the charge against my property?

Whom do I have to contact to get things moving again?

 

Somehow, I feel that the finance industry has pulled a few stokes here and reverted to type.

 

I just do not know which way to turn.

The original credit card debt was around £8,000.

It somehow reached over £9,000 during the court debacle

– God knows what has being going on with this debt amount behind the scenes during this hiatus.

 

This is why I need…

 

HELP!!!

 

CITIZEN XYZ

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doubt if EGG were the claimant and are listed on the charge

bet it was lowells and EGG sold the debt to them for pennies

and they got the CCJ using an old address because you never updated them with your correct one [EGG nor Lowells/Carter]

 

what EXACTLY does the charge say restriction..etc

was it a sole owned debt on a sole owned home or was it jointly owned?


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Hi dx100uk

 

Thanks for replying so soon. You raise some interesting points that I had not thought of. I will do some research into my files, although I cannot recall ever getting an actual copy of the charge (or any result from the court). I will check and get back to you though...

 

I'm a bit confused about the "address comment" - I have lived at my address for 35 years now. What did you mean?

 

I will have to check out what documentation I have got. I know I never had the original court summons to attend Bradford though!

 

I will come back with more info.

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is the house solely in your name?


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Dear dx100uk

 

Many thanks for still taking an interest. I apologise for my less than rapid responses (I have been tied up at work)...

 

In answer to your question - No the house is jointly owned between my wife and I.

 

I really need to clarify my exact position to you (which I will try and do in a response later tonight) - I don't think that I have made a very good debut opening post (it does seem a bit disjointed). I will try and rectify that later with clearer information. I do appreciate you taking an interest, as I am really befuddled with the entire mess I have got in.

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the charge on the property will be restriction K

they cant prevent anything and you only need to tell them if/when the property is ever sold

and no you don't need to pay them anything

it was a spoof split claim by carter in the first place

 

sadly you've wasted your money paying a restriction k off all this time.

bet that all went straight into the free holiday funds for staff.

and theres no records anywhere of any payments and I bet you never got a statement either.

 

send EGG an SAR IF they are named on the deeds

go get them from the land registry site [.GOV one ONLY!! else you'll get done over on fees]

 

bet it doesn't say EGG

bet it says restriction not charge..


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Hi again dx100uk

 

I had composed this for you before I read your latest reply. But I will send it anyway, because it might make more sense to your logical mind...

 

I have gathered together a few more facts and also straightened out what advice I am in need of…

 

It goes without saying that during the run up to the repayment defaults, I was keeping creditors informed and making written offers of reduced repayments. In the main, all were ignored.

 

Now specifically relating to EGG Bank (Visa credit card), my initial anger was by the fact that a court decision was made in Bradford (an enormous distance from my residence) without my attendance and without my knowledge of any summons to attend a court. I knew nothing.

 

Later, this resulted in me having to attend a court closer to my home to witness the Interim Charging Order being made final.

I say witness, because my side of events was not really listened to any meaningful way.

Even though EGG Bank (whom was apparently being represented by Bryan Carter Solicitors) did not attend.

And yes, the case was listed as Egg Banking plc vs. me.

 

The Judge accepted the terms of payment of £10 p.c.m with a review in 6 months.

I was told to arrange the payment, and then do nothing and it would be the responsibility of Egg Banking plc to instigate a review in 6 months. This was in 2011.

 

I did think at the time that it was unfair on my wife having a charge put on the house when she is a joint owner of, whilst the credit card in question was mine.

 

At time of all these events, I admit that I was in a bit of a daze and quite frankly felt like a broken man.

In retrospect, I cannot recall having received any official documentation regarding this Charging Order.

This is why I cannot answer your question about what it says on it.

 

All I know is that I made arrangements with Bryan Carter Solicitors to make repayments to them via a standing order.

I maintained it for several years, and then had to cancel it through hardship.

 

Now to the present day, I have become worried about what has happened to this during the hiatus.

I checked with the Land Registry and the only reference to the charge on my home is:

 

(17.03.2011) RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to Egg Banking Plc (Co. Regn. No. 2999842) at Floor 9, Tolworth Tower, Ewell

Road, Surbiton KT6 7EL, being the person with the benefit of an interim charging order on the beneficial interest of “MY NAME HERE” made by the Bradford County Court on 7 March 2011 (Court reference ********).

 

I am trying to pick up the pieces and resume repayments. I can argue the toss at a later stage of the validity of this engineered situation and its validity, all I want is to reinstate repayments at this juncture.

 

First I need to know:

1) Who do I approach to reinstate the repayments?

 

2) What has happened to the repayments I have already made to Bryan Carter Solicitors?

 

3) How do I get a statement of the debt and from whom? (i.e. how much was the debt? After the repayments I have made, how much has it been reduced by? How much interest has been added on in the interim?)

 

I hope all this makes the situation a bit clearer.

Any advice is welcomed.

Although I will be taking your previous reply on-board (just read it)

Edited by dx100uk
spacing

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thanks for such a rapid response. The whole notion of SAR is a new one on me - I am still trying to digest it from the links you gave.

I get that it is some sort of legally upheld data request that I would be making on them, but what EGG address do you suggest? The head office or their registered office?

Even so, are you saying that there is a chance I can get the charge removed altogether? And if so, do I ask the Land Registry to remove it?

Sorry for being so dumb

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just click SAR

send it the registered office

 

theres no chance of the RESTRICTION being removed

but the bottom line is you didnt have to pay it.and you dont have too

 

its not hurting you and never can even if you sell the property

 

the ONLY time it might become sticky is if you ever wanted to remortgage.


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thank you dx100uk

 

You have clarified a hell of a lot for me. I will of course be making a donation to the site to show my appreciation.

 

There is only one thing troubling me now - that is interest being added to the debt balance. Is there any way of checking this or even freezing it? I seem to recall the judge saying they were allowed to charge interest but in accordance with some rule (I cannot recall what it was though).

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Cant charge int on a restriction

That might have been at the ccj stage and mention statutory sec 69 court int at 8% until judgement.

 

Unless you mean post judgemental which is very rare on regulated agreement s and not on EGG ones that ive seen


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thanks.

Shall I just keep quiet about the interest then? Or will all become apparent when EGG respond to the SAR?

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what interest ........are you guessing?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hi again

First let me say that at the time all this was happening, I was in a bit of a daze with all the other issues I had going on in my life.

However, I do seem to recall that the judge said something about interest being added to the balance and added that it would be capped at some legally binding maximum (whatever was applicable at the time he said that).

 

I didn't quite get what he meant at the time, but assumed that all would become clearer when I had some sort of official summary of the case come to me through the post. But that never did happen (the summary, I mean).

In my mind, it was put on the back burner because I had a lot of other problems to cope with at that time.

So, in a way, I am guessing... but the judge did mention interest.

 

That's all I know...

all I am worried about is that if I ever come (or have to) sell the house in the future, that after my crippling mortgage has been deducted, then a huge surprise in the form of a ridiculous EGG debt that has grown into a monster :!:

 

I'm sure you get the scenario.

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that would have been section 69 court interest which stops upon judgement.so forget that.

 

its a restriction K..you don't have to worry about until AFTER the home is sold.

THEN your sols is duty bound to tell them..and then its too late the restriction is gone..nothing they can do.

 

in a nutshell.

forget about it

go enjoy your life

 

just sadly you got spoofed out of all that money

that EGG SAR might reveal the money was paid to them..but I doubt it.

sadly where carter was involve, very few people see any money go off theactual debt..it 90% of the time vanished.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hi dx100uk (again)

Thanks for the reply. If you're right, then that is an absolute load off my mind. I will send the SAR to EGG (I am struggling to find their current registered office because they have morphed identity so may times, but that's my problem).

When I have read all the info gleaned from this site pertaining to it, I will send. At some point in the future I will come back and tell you guys what the outcome was. Cheers for now

Eternally grateful

CITIZEN.XYZ

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Egg Customer Relations Office

Canada Square Operations

PO Box 4903

Worthing

BR99 3AR


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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