Glennyboy v Egg

[glennyboy]

I am just about to send off My S.A.R to Egg.I know they owe me big time!!

 

I am also going to request CCA from Capquest , who have been hounding me something rotten.

 

Can't find the template letter , my brains fried after three hours typing. Please help. Where is it???? :confused:

[sallysas]

In 'general' look for 'bank templates library'. You will find all letters there for the whole process. Have a break every now and again. This comes under the heading 'do as I say, not as I do'.

[glennyboy]

Well, well,

A complete transaction history has been delivered, and the S.A.R cheque returned.

I cant get home to look at it until Monday, when I do I will add up all the overlimit fees and penalty charges.

I understand I can claim 8% at the Court stage, what else can I get back?

Can I get the default removed because part of the amount defaulted comprises of unlawful fees?

[sallysas]

Yes you can. Informing them you want the default removed is part of the prelim and LBA letters you will send. You're on the way now.

[glennyboy]

This sounds really daft, but I am actually enjoying this!! Used to be an E-Bay addict. This is far more rewarding. :)

[sallysas]

Same here. Trouble with me was I used to spend money NOT make it. Where you the same? This could be one reason for incurring bank charges although if you incur charges you want to feel better,so you spend money you haven't got on e-bay 'cos you've got charges coming out, you go over your limit so............. (In theory anyway.)

 

Glad you're enjoying yourself, Sally

[Mistermind]

Somebody could put out a new game with dice like Monopoly, called

 

Beat the Credit Card

 

With Lloyds TSB situated at Euston Road, the Abbey at Piccadilly, the Alliance and Leicester at Leicester Square, Coutts at Mayfair. If any bank fails to deliver statments and agreements on request, then

 

Go to Jail.

[glennyboy]

Or it could be called "You've been rumbled".

 

Anyway I have recieved my transaction history, and about to send off my Prelim letter.

 

I have seen about four different addresses. Anybody got the correct one??:?

[Mistermind]

http://www.consumeractiongroup.co.uk/forum/egg/3932-egg-registered-office-address.html

 

elisedriver posted the hotline.

[glennyboy]

Well it looks like Egg are playing silly buggers now.

Have sent off my Letter Before Action requesting my charges back. In the mean time I CCA'd Capquest because they were hassling me, even though I was paying £75 a month by agreement. They have put the account on hold while dealing with this.

Fair enough so far.

Now I have been contacted by a DCA called Fredrickson International demanding payment in full of £6542.00p!!

Contacted Capquest and they said the debt was passed back to Egg , and couldnt give an explanation.

Now I am worried. I thought I had a grip on this. Shall I CCA Fredrickson now?? :(

[ncf355]

Have you CCA'd Egg?

 

I can see you sent a SAR to them, but have you done an official s78 CCA to them?

 

If they cant provide the agreement they have no right to pass the dent on to anyone

 

But yes, CCA Capquest as well

[Mistermind]

Glennyboy,

 

Egg is evidently putting on the frighteners, so you offer to withdraw your claim as they pull back the dogs.

 

Assuming you have already been served Default Notice, the worst that can happen is that somebody threatens to call at the door. But such a person is circumscribed by law how much nuisance they can kick up, OTHERWISE.....

 

I cannot see how they can threaten CCJ. To get that they have to see you in court, where you can dispute the balance owing, i.e. get a court ruling on the unlawfulness of charges. Egg will run from court faster than Linford Christie. You will also produce in court, evidence that Dublin banks charge £3, Egg charged £20, then £16.

 

If you write back to say you welcome clarifying the legal position in court, as described above. Plus you will be contacting Financial Ombudsman and OFT, should they wish to retaliate and victimise a reclaimant seeking lawful redress.

 

If you show you know your stuff, they run. In the meantime you of course will carry on paying your agreed monthly instalment. They have to produce a credible explanation to their regulators, why the sudden going back on a previously agreed payments arrangment, which you have honoured.

 

GL.

[glennyboy]

Thanks for your help. They got me a bit rattled there for a bit. I have CCA'd Fredericksons. I have heard they may be a little bit economical with the truth. I have also set up a regular payment to Egg. When I accessed my account online, all my payments to Capquest were shown, so I thought I would cut out the middle man!

If it gets to court I will take your advice, and I have the regular payments to show I am not shirking the debt.

 

Onwards and upwards.

[glennyboy]

*SETTLED IN FULL*

Got a letter last week offering the difference between the OFT suggested rate and what I had paid.

 

I sent them a letter back saying I would accept it as part payment and Lodge my claim on The 14 th June for the rest.

 

Got a letter today offering to settle IN FULL UNCONDITIONALLY.

 

Now for Abbey, MBNA, RBS, Barclaycard, Amex, and Goldfish :) :) :)

[glennyboy]

I have CCA'D Fredrickson International for a copy of my Egg agreement. They have responded by sending a list of my transactions. Obviously not what was requested.They are also demanding to know what I am proposing to do to discharge the debt.

 

I was paying Capquest £75 a month, but they handed the debt back to Egg and wouldn't explain why.Funnily enough I had CCA'd them as well.

 

I have set up a direct payment to Egg for £75 a month.

 

Can Fredrickson take me to Court when I am making efforts to pay this back? Albeit cutting them out of the equation.

[rory32]

They can not lawfully take you to court while the debt is in dispute (by sending the CCA request you placed the account in dispute).

If it has been more than 12 working days since they received your CCA request I would now withhold payment as they are currently defaulting on your request.

By continuing to pay them you are acknowledging the debt.

[glennyboy]

Fredericksons have continued to demand payment. I have continued to pay Egg £75.00p a month, and that's a struggle.

 

Now I have had a letter from Bryan Carter Solicitors demanding payment in full of £6241.00p, within seven days, or they will issue proceedings with an extra £290.00 fes and costs added.

 

I have sent them copies of my letters to Fredericksons, and told them they are assisting a criminal offence, because thay have not complied with my CCA request.

 

What chance they will take me to Court?

[ScarletPimpernel]

The sending of statements seems to be Egg's standard response to a CCA - they did it to me (though they've since sent the agreement after being well into default).

 

Bryan Carter is well known here; he appears to be very quick to go to Court, but often discontinues action. Have a read of some of the other threads about this firm.

 

If he does issue a claim, the failure to comply with your CCA request is a defence, and you can mention the various breaches of OFT guidelines as well.

[shane5408]

Fredericksons have continued to demand payment. I have continued to pay Egg £75.00p a month, and that's a struggle.

 

Now I have had a letter from Bryan Carter Solicitors demanding payment in full of £6241.00p, within seven days, or they will issue proceedings with an extra £290.00 fes and costs added.

 

I have sent them copies of my letters to Fredericksons, and told them they are assisting a criminal offence, because thay have not complied with my CCA request.

 

What chance they will take me to Court?

Quite simply No CCA = No Enforcable Debt. Any court action they choose to instigate will simply be them loosing money on the court issue fees!

 

I would contact your local Trading Standards about Egg's CCA non compliance as well. Keep in mind after 12 working days of them not providing it you are legally entitled to withold payment (should you choose to) and after a further 30 days they commit a summary criminal offence

 

kind regards,

shane

[payingonlyencouragesthem]

 

What chance they will take me to Court?

 

Bryan Carter usually plays by the rules and won't go to court if he can see you know the CCA 1974 and Egg have no agreement. If they have no agreement then you are not only wasting that £75 a month but encouraging them to try for more.

[Boro]

If theres no agreement i would be having serious thoughts about paying them as much as you are or if at all at the moment, certainly worth working out all the fees and charges that have been applied to the account and deducting that from the balance for a start

[rory32]

Bryan Carter usually plays by the rules and won't go to court if he can see you know the CCA 1974 and Egg have no agreement.

Completely agree. You do however have to inform BC that there is a dispute, otherwise a claim may be issued against you, because you can be certain that Egg won't have bothered to inform the sols about any dispute.

[glennyboy]

Help! I am really scared now. I am terrified of losing my house.

After a period of not hearing anything, I have now received the following from Bryan Carter;

 

As you have failed to make repayments on the above account we have now issued litigation proceedings in the county court. You will receive the claim form in the next 48 hours direct from the court.

 

You can telephone 0845 3133128 and discuss this matter with your account manager.

 

If judgement is entered against you and remains unsatisfied it will remain on the register for six years and you may have difficuilty obtaining credit.

 

The claim form from the Court Shows an amount of £297 + Court fee of £15 + Solicitors costs= total £362.

 

But the balance Egg want settled is shown as £6306.

 

The particulars of claim state:

The claimant claims £297.such sum being part of a debt due under an agreement whereby the defendant agreed to pay the claimant £6241.19

 

For the avoidance of doubt in making this claim for a part of the debt the claimant does not waive any rights as to the balance of the debt, which the defendant owes to the claimant under the agreement. the claimant reserves the right to make further claim for such sums of the debt as remain outstanding.

 

Why are they not claiming the whole lot? Can they keep claiming it in small amounts ? Can I see the paperwork they are going to rely on ? Hopefully it should contain my correspondence with all the agencies I have spoken to.

 

I am really scared about this. I can't lose my house this late in life.I feel like topping myself.

[rory32]

Okay first of all calm down. What they are seeking is a County Court Judgement, this in no way effects your property. Their claim can be defended on a number of grounds. Was the copy of the agreement ever supplied to you? Have you continued to make payments on the account? Are you aware of any penalty charges on the account?

[glennyboy]

Rory

 

Egg settled the penalty charges a while back. I was then paying £75 a month, off my own back direct to Egg. Capquest were chasing for the full balance, so I CCA'd them. They sent it back to Egg without explaination and Fredericksons got involved. I requested my CCA agreement from them on 10th May 2007 and have never received it.

 

I have then received various demands from Carters, even though them of Frederiacksons non compliance and sent them copies of my requests.

 

Now this online money claim has landed on my doorstep for this strange amount. I phoned Carters this morning who told me to contact Fredericksons( who all seem to working from the same phone lines!). They told me they have sent a copy of my CCA twice in January.

 

They absolutely have not. How can I prove that at court? It all seems a bit weighed against me. I dont know how to respond. I have never had a CCJ against me and am scared that if I go through defending this I will get a judgement on record.