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    • thanks andy     Name of the Claimant ? DEBT MANAGERS SERVICES LTD   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 10 JUN 2021   Date of issue 10.06.21 + 19 days ( 5 day for service + 14 days to acknowledge) = 29.06.21+ 14 days to submit defence = 13.07.21 (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. Give answer here. the claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and tesco bank. dated on or about jul 31 2008 and assigned to the claimant oct 19 2019 notice of assignment has been given to the defendant paticulars a/c xxxxxxxxxxxxxx date 28/02/2021 default balance £2701 post ref CR   What is the total value of the claim? £2701   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here YES   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here NO   Did you inform the claimant of your change of address? NOT APPLICABLE Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card   When did you enter into the original agreement before or after April 2007 ? after   Do you recall how you entered into the agreement...On line /In branch/By post ?  online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? dont know   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  assigned to debt purchaser debt managers ltd   Were you aware the account had been assigned – did you receive a Notice of Assignment? cant remember   Did you receive a Default Notice from the original creditor? cant recall   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? no   Why did you cease payments? illness financial difficulties   What was the date of your last payment? paid them a £1 token payments for some time last payment date 18/07/2020   Was there a dispute with the original creditor that remains unresolved? no   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
    • Well no news to report. I contacted the courts-it has now been transferred to Exeter and when they decided to answer the phone on about the sixth attempt all we know now is that it is with the judge awaiting directions. I shall use the waiting time to do an SAR on other companies l have had cold halibuts with and see what that yields....
    • Hi everyone It's Court time on Monday, I'm very nervous and feel quite sick. I've prepared an 8 page Witness Statement with 14 addendums. I hope the Judge will see there is no reason to set aside the Enforcement N322 of 19 January especially as this company has reduced the FOS agreed compensation by over £4,000.   Their Lawyers asked the Courts for a face to face hearing as appose to over the phone. As I live in the North and the hearing is in London I guess it was a way to restrict my input. The Courts refused and citing their reasons for a face to face that "it's very complex" the Courts refused by sating "it is not complex at all".    One slight victory prior to Monday. I feel this company and their Lawyers are still agreived with the FOS Decision. As chance would have it, another decision from the FOS has not gone their way recently too for more than twice what my claim was for.    Anyway, please wish me luck. I'm happy to send anything (witness statement etc) to a private email but I'm too intimidated to post on here.    If this N322 fails, there is little hope that if consumers come across a company like this one, there will be no support from the Courts. My local Court cannot understand how London are even allowing a hearing, they say the Enforcement would and should stand if they were the Court dealing with this.     
    • update. finally got the email from the court. It showed our address.  which we still had not received originally.   We have now gone back to QDR solicitors   Stating the 'Notice to Keeper Rule'     Discovered this on Money supermarket website.  We have had nothing in the post.  My partner is helping now as he has been here too and knows there has been nothing received in the post in the last 1.5 years at this property in regards to any of this.    The solicitors have been spoken to already (QDR) Who said they would put a 30 day hold on things.  Funnily we haven't heard from them.  Car park itself is no longer in its location to obtain photos.  It has no other parking sites in our local area as I googled it. 
    • Ok guys thanks for the info, il start on the CCA requests when I get home tonight. I will keep yous updated. thanks 👍🏼
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Egg card agreement has been terminated


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hello, new to this forum but have spent hours reading some of the threads and posts and now feel ready to participate !

 

I had an Egg account, since August 03. I was paying regularly, sometimes a bit late, but on the whole always paid. Egg terminated my account, like they did for 160,000 others. I can not find the termination letter though. Can someone tell me the apx date in 2008 that these letters were sent out ?

 

Unaware of the implications of Egg unlawfully terminating the agreement, which I have read about here, I carried on paying my monthly minimum or sometimes more. :( Until the end of 08 when I took a long hard look at my financial circumstances and decided that my mortgage was my priority debt and I could only afford tiny amounts/month to each credit card company I had accounts (debts) with.

 

I had various letter correspondence with Egg from November to Jan 09. Then I got a Default Notice sent on 21 Jan. On the 22 Jan Egg wrote complaining I had not responded to the Default Notice - hardly surprising given it was only the next day ! On the 23 Feb, Egg sent me a "Your Egg Card Account has been terminated" - due to my failure to satisfactorily comply with the Default Notice. (Despite they had already terminated it apx 1 year ago). They said a dca would deal with me now. I got passed on to DLC and have since been making token monthly payments to DLC. They have now passed me on to Aplins.

I guess I should have stopped paying when they first terminated my account at the start of 08. So now, what do I send Egg, DLC and Aplins ? Do I ask for a copy of the original Termination letter from them ? As well as the original credit agreement ? Do I send all 3 a letter saying I believe they have acted unlawfully ? Or just Egg, as I never gave them permission to pass on my details to the 3rd parties once they terminated the Agreement ?

 

There is actually apx £4700+ owed to Egg.

 

Advice is welcome :)

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Base upon what I understand from reading your posts, you could send a letter along the following lines to Aplin Solicitors (if it is them): You could alter it to fit your exact situation:

 

Dear Aplin Solicitors

 

Thank you for your letter dated xxxxx.

 

As the solicitors acting for (insert name of DCA) in respect of my credit card agreement with Egg, you will be aware that the credit card agreement between Egg and myself is governed by the Consumer Credit Act 1974, therefore I would be grateful if you would indicate to me the relevant section of the Act which provided Egg with legal entitlement to terminate my Egg agreement with effect from 6th March 2008.

 

Also, I would be grateful if you would indicate to me the relevant section of the Consumer Credit Act 1974 which provides Egg with legal entitlement to have a term in the Egg Card Agreement, specifically term 20.2, which states that Egg can end my agreement at any time.

 

In the course of acting in this matter on behalf of your client,(insert name of DCA), you will have become aware that the debt claimed by your client is disputed by me.

 

My reasons for disputing the debt, as both you and your client are fully aware, arise from the fact that Egg terminated my Egg agreement in a manner which does not comply with the provisions of the Consumer Credit Act 1974. As you know, paragraph 2.8 k. of the Office of Fair Trading Debt Collection Guidance of July 2003, updated in December 2006, makes it clear that collection activity must cease whilst investigating a disputed debt. I look forward to the results of your investigation.

 

In the event that the dispute between Aplin Solicitors and (name of DCA) and Egg Banking plc and myself is put before a court for adjudication, I will draw the court’s attention to the following points.

 

Both you and your client (insert name of DCA), although fully aware that the debt is disputed, have continued collection activity in breach of paragraph 2.8k. of the OFT Debt Collection Guidance.

 

Both you and your client have ignored and disregarded the fact, of which both you and your client are fully aware, that the debt claimed by Egg Banking plc is disputed by me, and both you and your client have continued to make unjustified demands for payment, in breach of paragraphs 2.6h. and 2.8i. of the OFT Debt collection Guidance.

 

Both you and your client have communicated with me in a manner which presents information in such a way that it creates a false or misleading impression, and exploits my lack of knowledge, for example, my lack of knowledge of the law in relation to your own. Specifically, I am referring to your letter dated xxxxx in which you state that court proceedings will be instituted unless I pay your client an amount of money. You also state that I can stop the claim being issued and the debt increasing by paying in full now. I consider that this amounts to unfair business practice, psychological harassment and a misrepresentation of the correct legal position within the terms of paragraphs 2.2b, 2.3, 2.6f, 2.10a, 2.10b of the OFT Debt Collection Guidelines.

 

I also consider that the way in which your client has exercised his rights under the agreement amount to an unfair relationship in terms of section 140 of the Consumer Credit Act 1974 as amended by the Consumer Credit Act 2006.

 

 

 

In the event that this matter is put before a court I will draw the court’s attention to the manner in which Aplin Solicitors and (insert name of DCA) and Egg Banking plc have dealt with the dispute between Aplin Solicitors and (insert name of DCA) and Egg Banking plc and myself, particularly in relation to,

The Consumer Credit Act 1974,

The Data Protection Act 1998,

The Office of Fair Trading Guidance on Debt Collection and Unfair Business Practices (Updated December 2006),

The Solicitors’ Code of Conduct 2007,

The Credit Services Association Code Of Practice.

The pre-action protocols which have been approved by the Head of Civil Justice.

I am confident that Egg, and the parties acting on behalf of Egg will, as I will, provide to the court full records of the matters to which I have referred.

 

Yours sincerely.

 

Best of luck, if you have any questions about this letter, post them on this site.

 

regards

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dear Toymaker1,

Thank you for your letter advice.

I have spent hours collating all my old statements and letters and now have everything in order, apart from the original Credit Agreement between me and Egg in Aug 03.

I have drafted the letter you suggested.

However, I realise that I have never questioned Egg or formally told them that my account is in dispute. I just stopped paying anything other than a token amount to Egg, then the DCA. The letter that you suggested tells the solicitors that Egg know my account is in dispute. So do I need to send a letter to Egg informing them that my account is in dispute ? Or because Egg sent it to a DCA it automatically becomes in dispute ?

 

Also - should I send the solicitors, in a separate envelope by recorded delivery, the standard letter asking for the true CCA ? as below: Your advice, or anyone elses, advice is very welcome so that I can get this ball moving :)

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

I look forward to hearing from you.

 

thank you xx

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dear Toymaker1,

Thank you for your letter advice.

I have spent hours collating all my old statements and letters and now have everything in order, apart from the original Credit Agreement between me and Egg in Aug 03.

I have drafted the letter you suggested.

However, I realise that I have never questioned Egg or formally told them that my account is in dispute. I just stopped paying anything other than a token amount to Egg, then the DCA. The letter that you suggested tells the solicitors that Egg know my account is in dispute. So do I need to send a letter to Egg informing them that my account is in dispute ? Or because Egg sent it to a DCA it automatically becomes in dispute ?

 

Also - should I send the solicitors, in a separate envelope by recorded delivery, the standard letter asking for the true CCA ? as below: Your advice, or anyone elses, advice is very welcome so that I can get this ball moving :)

 

Hello

 

You need to adapt the letter to fit your specific situation.

You could send a CCA, but the problem about that is that I do not think it will in any way resolve your difficulties. It will merely drag the matter out, because Egg will almost certainly provide you wit a copy of your executed agreement, which will probably be in order - then what do you do?

From what I understand, the essence of your situation is that Egg terminated your agreement at a time you were not in default.

As I understand it, you continued to pay Egg some money after they terminated you, because you did not realise the full implications of Egg's termination of your agreement i.e. that Egg are not permitted to terminate an agreement which is not in default. In my opinion that actually strengthens your case, in that it represents an unfair relationship and unfair business practice by Egg.

You could simplify the letter, keeping just to the central points, something like this:

 

 

Dear Aplin Solicitors

 

Thank you for your letter dated (insert date of most recent letter from Aplins)

 

As the solicitors acting for (insert name of DCA) in respect of my credit card agreement with Egg, you will be aware that the credit card agreement between Egg and myself is governed by the Consumer Credit Act 1974, therefore I would be grateful if you would indicate to me the relevant section of the Act which provided Egg with legal entitlement to terminate my Egg agreement with effect from 6th March 2008.

 

Also, I would be grateful if you would indicate to me the relevant section of the Consumer Credit Act 1974 which provides Egg with legal entitlement to have a term in the Egg Card Agreement, specifically term 20.2, which states that Egg can end my agreement at any time.

 

In the course of acting in this matter on behalf of your client,(insert name of DCA), you will have become aware that Egg terminated my Egg agreement in a manner which does not comply with the provisions of the Consumer Credit Act 1974. In light of that it will be clear to you that my Egg agreement is currently in a state of dispute. As you know, paragraph 2.8 k. of the Office of Fair Trading Debt Collection Guidance of July 2003, updated in December 2006, makes it clear that collection activity must cease whilst investigating a disputed debt. I look forward to the results of your investigation.

 

In the event that the dispute between Aplin Solicitors and (name of DCA) and Egg Banking plc and myself is put before a court for adjudication, I will draw the court’s attention to the following points.

 

 

Both you and your client have communicated with me in a manner which presents information in such a way that it creates a false or misleading impression, and exploits my lack of knowledge, for example, my lack of knowledge of the law in relation to your own. Specifically, I am referring to the fact that both you and your client have continued collection activitiy even though you and your client were aware that in 2008 Egg terminated my Egg agreement outside the provisions of the Consumer Credit Act 1974. I consider that this amounts to unfair business practice, psychological harassment and a misrepresentation of the correct legal position within the terms of paragraphs 2.2b, 2.3, 2.6f, 2.10a, 2.10b of the OFT Debt Collection Guidelines.

 

I also consider that the way in which your client has exercised his rights under the agreement amount to an unfair relationship in terms of section 140 of the Consumer Credit Act 1974 as amended by the Consumer Credit Act 2006.

 

 

 

In the event that this matter is put before a court I will draw the court’s attention to the manner in which Aplin Solicitors and (insert name of DCA) and Egg Banking plc have dealt with the dispute between Aplin Solicitors and (insert name of DCA) and Egg Banking plc and myself, particularly in relation to,

The Consumer Credit Act 1974,

The Data Protection Act 1998,

The Office of Fair Trading Guidance on Debt Collection and Unfair Business Practices (Updated December 2006),

The Solicitors’ Code of Conduct 2007,

The Credit Services Association Code Of Practice.

The pre-action protocols which have been approved by the Head of Civil Justice.

I am confident that Egg, and the parties acting on behalf of Egg will, as I will, provide to the court full records of the matters to which I have referred.

 

Yours sincerely.

 

I hope you can make some sense out of that. What I am saying to you is based exactly on what I have done myself. As soon as I realised that Egg had acted outside the provisions of CCA 1974 I stopped paying them a penny. I did that in March 2008, and you have done it more recently, because you have only recently discovered that Egg acted unlawfully, but it is exactly the same in principle.

Take it one step at a time, and see how they respond to your letter. One golden rule is never deal with the matter on the phone. Insist that all communication is in writing, so that all parties will have a clear record of the matter.

I had letters going to and fro for about 11 months, since I stopped my DD of £300 per month as soon as I realised Egg had acted outside the provisions of CCA. I have not heard from Egg since January.

 

Regards Peter.

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thank you Toymaker1. I ignore numbers I do not know :). I have been caught out a couple of times (mostly by antagonistic mbna men :mad: who I am about to deal with too now) and always correspond by letter. But silly me, until I saw this site, just fell into their laps with my honesty giving them the whole picture of my income/expenditure, infact my life. Ooops.

I will print and post this revised letter now. Hopefully that will be the end of it...

 

Just one more thing:- I will refrain from the cca route just now - But why do think Egg might be able to produce an enforceable Agreement from Aug 03 ? I thought that a lot of the early agreements were unenforceable ?

yours, x

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Just one more thing:- I will refrain from the cca route just now - But why do think Egg might be able to produce an enforceable Agreement from Aug 03 ? I thought that a lot of the early agreements were unenforceable ?

yours, x

 

The matter of whether or not Egg agreements are enforceable is a very technical/legal problem. If you want to challenge Egg on that front by all means do so, but be prepared for many months of dealing with very complicated legal issues and a lot of stress, with no certainty as to the outcome if it goes to court.

From what you have posted, the strength of your position seems to be that Egg terminated your agreement in a manner which did not comply with the provisions of CCA 1974, so that seems to be the best avenue to go down. Confront Egg head on with that, as outlined in the letter I have suggested. You will find that they do not have an answer to the question asking them to indicate to you which part of CCA provides them with entitlement to terminate your agreement when it was not in default. - They will huff and puff and threaten you, but they will not have a clear answer.

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You could send a CCA, but the problem about that is that I do not think it will in any way resolve your difficulties. It will merely drag the matter out, because Egg will almost certainly provide you wit a copy of your executed agreement, which will probably be in order - then what do you do?

 

well, if they do send an enforceable agreement you will be in no different a position as if you had not asked for and received it, on the other hand you may find even more cause for dispute.

 

since the request of the cca would have no adverse bearing whatsoever and given that "knowledge is power" then the more knowledge you have the better so i would argue that is no reason why the cca request should not be made

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I yesterday posted my letter to the solicitors working for the dca working for Egg about the termination of my old account.

From others experience, having sent out such a letter, is there a standard reply from the solicitors that I should expect ?

And should I also now send a letter to Egg demanding back all the payments I have made since March 6th 08 ?

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  • 2 weeks later...

I posted my letter to the solicitors on 21st July and have heard nothing back yet, 2nd Aug. And I did not pay the dca in July either. Any ideas on what is likely to pop through my door now ??

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  • 2 weeks later...

I posted a letter to Aplins (solicitors for dlc) on 21 July about Egg terminating my account whilst not in default and did not pay my usual instalment to dlc in July. I have had nothing back in writing. YET this morning at 08.26 I got a Urgent pls reply text from dlc. The at 09.00 a phone call again from dlc. They also tried calling at 15.48. When I checked my email there was an email from HSL ( something to do with dlc and I have never dealt with them before) asking me to urgently call them.

Of course I will not answer their calls and will not call them.

But having sent one letter to Aplins, should I now just copy the same letter back to dlc ???

How do I now deal with HLS/dlc ??

Advice required please.

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HELP !

dlc keep trying to call me !!

twice, yesterday ; twice today already.

how do I deal with them ?

Do I just send them a template letter advising that egg terminated the account and I do not have to deal with them ??

 

ANyone who can help please let me know soonest

 

thanks...

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HELP !

dlc keep trying to call me !!

twice, yesterday ; twice today already.

how do I deal with them ?

Do I just send them a template letter advising that egg terminated the account and I do not have to deal with them ??

 

ANyone who can help please let me know soonest

 

thanks...

 

buy yourself a truecall and then write and tell them that you have deducted the cost of the unit from what you owe them due to their harrasment

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  • 1 month later...

I jumped for joy on Friday when a letter from dlc popped through my letterbox. :) Their letter thanked me for my letter (basically Toymakers template) and advised:

1) my account with dlc had been closed and returned to Egg and

2) please direct all future correspondence to Egg, including any disputes or queries in relation to CCA 1974...

 

However, this morning I got a threatening letter from what I assume is another dca - ARC.:mad:

Arc advised that my Egg account had been passed to them. "They wish to make it quite clear that unless a substantial payment if made to us within the next 10 days, along with a firm offer to clear the rest of the overdue balance, we will pass your account to our Solicitors, with instructions to prepare proceedings against you in the County Court. Please ensure all payments are made to ARC... "

 

I don't want to panic. But this letter is threatening in a way that those from dlc never were. So does anyone - hopefully Toymaker !! - have a good idea on how to reply to ARC ???

Should I just re-hash the original letter I sent to Aplins and dlc ?

Has anyone had such a letter from ARC ? And who is ARC ?

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I seem to remember that a 3rd party should not be given my details by Egg after they terminated my account. Is there a template or clause to add about data protection etc to the basic get lost template ?

Anyone ?

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  • 2 weeks later...

@ Toymaker - I am impressed with your knowledge of how to handle Egg. I am following your lead, for sure. Am almost expecting the same letter to land on my doorstep soon from Egg and will refer back to this template then. I am intrigued though that you are now dealing with another dca, as I had thought, from reading your earlier comments, that Egg and their dcas had left you alone for the last 10 months. If so, can I and others too, expect months of silence only for egg to start battle again ??

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can I and others too, expect months of silence only for egg to start battle again ??

 

Yes.

That appears to be a favourite tactic of dca's. They try to catch you by surprise several months down the road. As long as you are prepared, and know you are in the right, there is nothing to worry about. It is just a nuisance you have to put up with.

 

regards

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  • 3 weeks later...

morning.

I just received another dca letter. Further to the Toymaker template letter, Dlc passed my account back to Egg. Egg then obviously passed it on to a heavier handed threatening kind of dca, Arc. I sent the same template to them. Today I got a letter from them advising that "my account (which I had never had with them !!) is on hold as we have passed your comments to our client (egg) and are awaiting their instructions. We will be in contact in due course with their reply!"

I am now waiting to see what kind of letter comes from Egg. Should be interesting.;)

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  • 4 weeks later...

I received another letter last week from ARC, dated 29 Oct.

 

"Please note that Arc is a debt collection "agent", acting in good faith on the instructions received from a "disclosed" principal, namely Egg. We are therefore authorised to write to you in connection with the above matter and to instruct solicitors in contemplation of court proceedings where we consider it appropriate to do so. We are instructed that the above balance is still outstanding and must be paid. We have been advised by our client that you are to direct your dispute to our client at...

Customer Services, Egg.......

Unfortunately we can not hold your account indefinitely without an offer of payment. Therefore can you please provide us with a full financial statement clearly showing your financial situation with your incomings, outgoings, and list of creditors, with your offer of payment.

Your payment should be sent directly to this office.

If we do not receive your offer payment and financial statement within 14 days (guess 12th Nov) this account will be passed back to our solicitors for further action."

 

So what type of letter should I now direct back to Egg and to ARC ??

 

I have not written to Egg yet. I have only been dealing with the dcas.

I guess I need to deal with this and post it today/tomorrow.

Would be great to have some feedback on this.

Thanks,

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Thank you for your letter dated xxxx

I am very concerned that ARC has chosen not to provide a response to the points raised by me in my letter dated xxxx. I will be in a position to respond to the points raised by you in your letter after ARC provides me with a response to the points raised by me in my letter to ARC.

 

As you will be aware, in my letter dated xxxx I requested

ARC, as Egg's appointed agent, to indicate to me the relevant section of the Consumer Credit Act 1974 which provides Egg with legal entitlement to terminate my Egg Agreement with effect from 6th March 2008.

I also requested, in my letter dated xxxx, if you would indicate to me the relevant section of the Consumer Credit Act 1974 which provides Egg with legal entitlement to have a term in the Egg Card Agreement, specifically term 20.2, which states that Egg can end my agreement at any time.

In the event that the dispute between Egg and myself is put before a court for adjudication, I will draw the court's attention to ARC’s refusal to provide a response to my request for information as outlined above, and as included in my letter to ARC dated xxxx. I consider that my request for that information is clearly understandable and is directly related to Egg's decision to terminate its contractual agreement with me with effect from 6th March 2008.

 

I will also draw the court's attention to ARC’s continued debt collection activity despite the continuing and unresolved dispute between Egg and myself regarding my Egg credit card agreement. As you will be aware, this is in breach of the Office Of Fair Trading Guidelines on Debt Collecting.

 

I look forward to your response as a matter of urgency, in order that I can provide a response to the points raised by you in your letter.

Yours faithfully

How does that sound ? Does that seem like a good letter to post off to Arc ?

Anything else I should add ?

Should I also now write to Egg asking them the same questions (from Toymakers template) ?

Any advice is gratefully received.

Thanks

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Thank you for your letter dated xxxx

I am very concerned that ARC has chosen not to provide a response to the points raised by me in my letter dated xxxx. I will be in a position to respond to the points raised by you in your letter after ARC provides me with a response to the points raised by me in my letter to ARC.

 

As you will be aware, in my letter dated xxxx I requested

ARC, as Egg's appointed agent, to indicate to me the relevant section of the Consumer Credit Act 1974 which provides Egg with legal entitlement to terminate my Egg Agreement with effect from 6th March 2008.

I also requested, in my letter dated xxxx, if you would indicate to me the relevant section of the Consumer Credit Act 1974 which provides Egg with legal entitlement to have a term in the Egg Card Agreement, specifically term 20.2, which states that Egg can end my agreement at any time.

In the event that the dispute between Egg and myself is put before a court for adjudication, I will draw the court's attention to ARC’s refusal to provide a response to my request for information as outlined above, and as included in my letter to ARC dated xxxx. I consider that my request for that information is clearly understandable and is directly related to Egg's decision to terminate its contractual agreement with me with effect from 6th March 2008.

 

I will also draw the court's attention to ARC’s continued debt collection activity despite the continuing and unresolved dispute between Egg and myself regarding my Egg credit card agreement. As you will be aware, this is in breach of the Office Of Fair Trading Guidelines on Debt Collecting.

 

I look forward to your response as a matter of urgency, in order that I can provide a response to the points raised by you in your letter.

Yours faithfully

How does that sound ? Does that seem like a good letter to post off to Arc ?

Anything else I should add ?

Should I also now write to Egg asking them the same questions (from Toymakers template) ?

Any advice is gratefully received.

Thanks

 

Looks very good to me!

My suggestion is that you cut a bit out. This makes it simpler, and asctually stronger, because you are actually only making one central point; one request for one legally vital piece of information. - they cant dodge that. (They will of course! but that will only strengthen your position.)

I suggest this:

Thank you for your letter dated xxxx

 

I am very concerned that ARC has chosen not to provide a response to the points raised by me in my letter dated xxxx. I will be in a position to respond to the points raised by you in your letter after ARC provides me with a response to the points raised by me in my letter to ARC.

 

As you will be aware, in my letter dated xxxx I requested

ARC, as Egg's appointed agent, to indicate to me the relevant section of the Consumer Credit Act 1974 which provides Egg with legal entitlement to terminate my Egg Agreement with effect from 6th March 2008.

 

In the event that the dispute between Egg and myself is put before a court for adjudication, I will draw the court's attention to ARC’s refusal to provide a response to my request for information as outlined above, and as included in my letter to ARC dated xxxx. I consider that my request for that information is clearly understandable and is directly related to Egg's decision to terminate its contractual agreement with me with effect from 6th March 2008.

 

I will also draw the court's attention to ARC’s continued debt collection activity despite the continuing and unresolved dispute between Egg and myself regarding my Egg credit card agreement. As you will be aware, this is in breach of the Office Of Fair Trading Guidelines on Debt Collecting.

 

I look forward to your response as a matter of urgency, in order that I can provide a response to the points raised by you in your letter.

 

 

Yours faithfully

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