Egg/DLC Debt Collectors

[brandedcentaur]

Hello guys,

I am sorry but you are going about this in totally the wrong way. These parasites are laughing all the way to the bank.

I suggest you write the following letter to any future Debt Collection Agents (it will probably not work with these people sonce you have started making payments - but check with forum admins to make sure)

Dear Sir/Madam,

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You MUST supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxxxxxxxxx.

2. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Signed,

[brandedcentaur]

Hello guys,

 

I am sorry but you are going about this in totally the wrong way. These parasites are laughing all the way to the bank.

 

I suggest you write the following letter to any future Debt Collection Agents (it will probably not work with these people sonce you have started making payments - but check with forum admins to make sure)

 

 

Dear Sir/Madam,

 

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You MUST supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxxxxxxxxx.

 

2. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

 

Signed,

I hope this helps in some way. Allt eh best.

[janderton]

Sorry for being thick brandedcentaur vbmenu_register("postmenu_464187", true); but why would you write requesting your consumer credit agreement? Is it because company's are bad at keeping them properly? I would have thought they held onto that important piece of paper with their life.

[rory32]

You would think so - but they don't. Usually they can't produce it which means the debt is unenforceable. Basically they have 12 working days to supply you with the CCA (please note this is not a copy of your original application form which is quite often what they send you if anything) from receipt of the request - so send it recorded. If they don't then they have defaulted. They then have another 30 days (calender days this time not working) to supply it. If they don't they have committed a criminal offence (£2.5K fine). The longer they take after this period to produce the CCA the higher the fine would be if criminal proceeds were to take place. Please note any prosecution and resultant fine would be in a criminal court not a civil one, which is where you would claim back charges and interest on the account.

This none compliance with your CCA creates a sort of mexican standoff as you don't want them to proceed with any civil action against you and they don't want you to report their criminal actions which will result in a fine.

I would also in your letter ask them for a Statement of Account, a copy of the executed deed of assignment from Egg to the Debt Collection Agency and a Fair Processing Notice.

[babble]

I've as similar instance to me, first it was csl trying all manner of rubbish and now its DCL. Their most recent letter says they've been assigned the debt. Does this mean they own it?

I intend at first point trying to get a cca off them but would appreciate any help with this as it develops.

[LISAM696969]

I had a loan with egg but debt collection company was wescott , cca to wescot got letter and postal order back telling me thay had transferred account back to egg , so sent cca to egg no reply yet 10 days down anyone else dealt with egg after dca sent a/c back ? don't know whats happening heard nothing from egg whatsoever and wescott say a/c went back to egg 29th March so over a month now , getting a bit worried , help ??

[questor]

Hi Guys- just joined as I was looking for any info on DLC> I have too many debts but am trying to sort and going the right way with most of my creditors. However, I have just experienced DLC tactics and from being in a good mood about how everyone was trying to help and working together to resolve the issues, these guys went straight for the jugular, no sympathy, no courtesy and no manners. Seems like I'm not the only one so I have cheered up a bit !!

Thanks for all advice i have read

[gingypingy]

Dear questor

 

My main advice with DLC is not to worry at all about what they say. I have been dealing with them for a while now,(see my above posts) And every now and again they will phone constantly and try and panic you. Never take the calls. Always in writing tell them that you will only accept written correspondence. Just keep insisting that you can only afford to pay the amount that you can and when you are in a situation to pay more you will as it benefits you as well as them. Just keep firm. Tell them you will report them for harrassment. They will try all sorts of tactics to make you pay more but stick to your guns they have pretty much no power expecially if u mantain a payment plan no matter how small the monthly payment.

Good luck! xxxxxxx

[questor]

anyone know thse guys. I have written agreement from lloyds tsb for paying them an amount a month for 6 months. These guys have called after two and said they own it and i have to send them financial statements etc and then in the next breath say they are lloyds. I asked them if they were lloyds why they couldnt get my information to which they said they are seperate.... confused I am and they were extremely agressive .. the guy would not give his name.

 

Am i alone on this ??

[babble]

Hi questor.

Firstly determine what the debt is for; either a loan or credit card, as this will determine your first steps. Sending a s77 or s78 cca request.

I have a proforma letter developed specifically for them for both instances.

In the proforma I have also requested the deed of assignment.

The letters they sent to me included a reply paid envelope - ignore this address as I checked with royal mail and the postcode doesn't exist. I think this is a ploy used by them to say (in all honesty) that they haven't received any communication from you! I used companies house webcheck service and found that dlc were a dormant company and they were a subsidiary of Hillesden Securities. I sent my letter and postal order direct to their registered office by recorded delivery.

If it was returned undeliverable you would have cause for complaint to the companies house registrar and their actions against hillesden would be severe.

Anyway, they received mine and have tried answering and using lots of flim flam but they haven't completed the full request and today is the day it goes into breach so they are going to get a lovely letter off me next week sometime.

They supplied me with some rubbish in place of the proper deed of assignment, claiming data protection reasons. I will not accept this.

This week they have managed to send me a copy of what looks like the first agreement with egg but in addition to it being way past the default time (so they would have to go to court to enforce it) the agreement looks to be completely unenforceable anyway as it has so many errors.

My advice would be to send the request and if they have your telephone number add a paragraph saying that you will under no circumstances conduct this matter in any way but writing or words to that effect.

After that point ignore everything they try to do. If they telephone you, tell them to go away and log the call (great evidence). If they write to you ignore it unless they are enclosing what you have asked for. The key point is to not do anything unless you have (ie if they start legal action) to until they have gone into breach and then they are in deep doodoo!

Keep a file of everything and send any correspondence by recorded delivery at the minimum. Good files and good evidence will help you succeed.

 

The letter is as follows:

 

Dear Sir/Madam,

 

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You MUST supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.77 (1) Consumer Credit Act 1974 - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxxxxxxxxx.

 

2. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. I also require a copy of the executed deed of assignment from egg to yourselves and a fair processing notice.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

 

Signed,

[babble]

forgot to say:

a s.77 request is in relation to fixed sum credit such as a personal loan; s.78 is for running credit agreements such as credit cards where the sums owing vary.

[vinegarvera]

Hi, wonder if someone can help me.

I wrote The letter to egg saying "I Do not acknowledge any debt"

 

I have received a letter back from them on the 12th day saying:-

 

Further to your recent request, I have pleasure in enclosing a copy of your signed Credit agreements in accordance with your rights under the consumer Credit Act 1974. I enclose copies of your latest statements.

Egg is under no obligation to provide you with a deed of assignment as our Terms and conditions state that we may sell accounts to third party companies.

 

I also received what looks to be a copy and pasted application form with the complete wrong dates and amounts on the form than that of my loan????? The paper is signed 2 years before the loan was credited!

 

 

Can anyone help, the loan is not in arrears but following calls from DCA's from other loans I have sent this letter to all my creditors!!

[rory32]

I also received what looks to be a copy and pasted application form with the complete wrong dates and amounts on the form than that of my loan????? The paper is signed 2 years before the loan was credited!

 

If Egg are happy to say that this child's collage of an agreement is a true copy of the credit agreement then I would be more than happy to accept it as such, 'cos it's completely unenforceable.

[vinegarvera]

Sorry to sound thick???

Would you stop paying then and if so is there some sort of letter to inform them why???

[rory32]

As the 12 working days are up I would stop paying them. No need to inform them why - they should know why.

[vinegarvera]

Thanks for all your help Rory, I dont think they will give up just like that though they are ruthless, they have passed my freinds loan around 3 DCA's now!!!

Where do I stand if a default is applied??

[rory32]

If a Default is applied it will be done unlawfully, as they are the ones in default. Also it will be in breach of The Data Protection Act 1998 as they do not have a document giving your consent to process your information.

[vinegarvera]

Thanks so much!!!! It feels weird just stopping payment and not letting them know why, I always thought Egg were a reputable company until I stumbled over this site!!

[rory32]

They do like to give off a cuddly image.....until you can't pay that is, or have the audacity to dispute the debt.

[Paddywack41]

Guys hopefully someone can help me out here. I am currently attempting to reclaim bank/credit card charges from MBNA and Lloyds (Just started but threads ongoing elsewhere). Once I get the initial stages of MBNA and Lloyds out of the way I will be turning my attention onto Egg.

 

Originally I had a CC with Egg and later a loan. I fell behind on both and eventually they defaulted me and passed them on to Wescot (i think) for the card and DLC for the loan.

 

I buried my head in the sand for a long time hence the default and then woke up and decided I should try and pay off anything owed. I repayed the credit card but obviously the default is still there for another 3 years but the loan was quite large probably around 9k and at the time I could only afford to pay £10 a month. I have now increased that to £20 and DLC are looking for me to increase it.

 

This may sound silly but I reckon that although I could likely increase the repayments to around £35 or £40 per month the size of the loan compared to the repayments would still not bring me much closer to clearing it.

 

I was considering that whilst I claimed charges against them, that I might send a CCA regarding the loan to see if they can provide the relevant documentation. I would in the meantime then inform DLC (Sorry but I really dont like them) that the loan was in dispute and cease to pay or at least keep up the minimum £20 payment. If I do this however who do I send the CCA to, is it Egg or is it DLC?

 

Sorry if that is a bit long winded but hopefully someone can help.

[Mistermind]

Egg will repay charges and interest far faster than MBNA or Lloyds, 4 weeks from SAR to payment being common nowadays, involving 2 letters in plain English, with no need for legal form filling -- just follow recent winners' footsteps in V-E Day thread index. Two repayments, separate for CC and loan account, are likely to be routed to yourself rather than the DCA.

[vinegarvera]

Hi,

I have receivede a credit agreement from my egg card and it all looks ok??

Could someone please let me know how a C/C should be set out as there does not seem to be much information on it??

I have had a loan agreement which is seriously dodgy and cannot believe that they can produce an ok Card agreement.

Any help greatly appreciated as always.

[vinegarvera]

Hi,

I cancelled my Direct debit to Egg following them not being able to provide a valid CCA.

Egg are now starting to call me 2 or 3 times a day, my next payment is not due until 29 June so I am not even in arrears.

I have had a letter telling me to reinstate my Direct Debit payment!!

 

Does anyone have a template for a second letter advising them that they have not provided a true CCA??

 

Also, the 12 + 2 days were exceeded on 20th June.

[Dil]

Hi guys am new to this forum but have been to it many times for help and guidance the info is very good so thank you to all whom give advice or even constructive criticism!

 

I was a victim of bank fraud back in 2002 it is a long story but had thouands of pounds taken from my account over a period of three weeks until I became aware of the issue upon recieveing my statement.

 

I had taken a loan to the value of £15000 when the fraud took place and basically my card was used as far as Coventry, Wales,Brighton.

 

I believed I had engaged the services of a top solicitor but he failed to get a resolution on the matter.

 

Fast forward to 2007 we are in a time where id fraud is unfortunately common place my bank refused to believe I was a victim and my debts were passed to DLC.

 

I have stated to DLC that as I am in dispute with the bank one of the supposed top four my £15000 has become £23500.

 

I am continually sent threatening letters and also appear no closer to a resolution on this matter.

I am a victim never felt that I would be in such a position to make matters worse the company insisit on calling my parents home to ask for me and send letters to the same address.

 

I am in a unfortuante position re this matter and am wanting to bring this matter to a conclusion so I can get on with my life.

PS The above is a synopsis of what has taken place to make things as relevant as possible.

[rory32]

Hi Dil,

You need to send DLC a CCA request and a harassment by telephone letter.

 

It's best if you start your own thread on this, that way you will get more advice and your posts won't be lost in this thread.