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Hi,

Sent off my SAR on the 18th July 2006. Got no reply, so sent off the 7 day "give me my info or I'll ask the Court to tell you to do it" letter just before Christmas and have just recieved a letter stating that they are "in the process of retrieving the relevant information, which will be sent to you within the next 40 calendar days"

 

Firstly, this complaint is being raised with the information commissioner, as they had 40 days from 17th July 2006, not December. Not a good start.

 

I had 2 accounts with Egg, both of which defaulted this time last year, one I settled (with a discount) with the DCA (Capquest) the other account is still being paid off at £100 per month it is also with Capquest.

Some of what I owe is made up of unlawful charges, just not sure how much.

 

I also have no problem with them sending the money to the DCA, infact that is what I would want them to do as I want this matter sorted as soon as possible.

 

My question is, as I have defaulted the accounts, can they make a counterclaim for the amount still outstanding even though I am 10 months into an arrangement with the DCA?

What about the other account that I paid off with a 20% discount on the balance? Will this amount still show as owing on their records?

 

Cheers and Happy New Year,

Adyb

HSBC - Prelim sent 18/7/06 £1678.00

FirstDirect - Prelim 1/8/06 Offer to settle in full dated 4/8/06

Egg- DPA sent 1/8/06

IF - DPA sent 9/8/06

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Hi there

 

This is just the thread I have been looking for!!!

I am about to start my process against a few credit card companies that I also defaulted on and settled through debt collection agencies at 80% or 90% of the balance. I was unsure how to proceed but am going for it anyway.

I have moved address so will have to provide id etc for BOTH addresses when I send my Data Request.

I will be watching with interest.... have you had any response from EGG.

 

Hope you boil them...

 

Clarkey

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Clarkey as prev said get them Sard if you have no statements.

Your issues will be with the ones who originally generated the debt and not the dcas,although they may later come into the frame.

Have a read through some egg threads......and of course start one of your own in the other institutiond group.;)

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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Asey its very important that you get the figures of what were penalty charges and what arent.

As part of the debt is penalty related then you can point out that the account collections should be suspended pending your litigation with the original creditor.

You should launch a claim as soon as possible against these.

You are entitled to claim ALL the charges that were penalty related,and this will be off the bank/card issuers

If you can maintain your agreement of repayments that you currently have with the dca then thats up to you.

You certainly have the rights to stop them.

If they try and say you did not dispute the debts earlier or that your agreeing to make repayments to them,you can respond by saying that you have only recently been made aware that the debt was construed by part/wholly unlawful penalty charges.

I would seek recovery of the lot whether the account has been settled or not.

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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