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Letter from Clarity on behalf of EGG CC


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Hi i have just recieved a lettter (which i knew would eventually come) from a company called Clarity. They state that they are acting on behalf of EGG (Credit Card). I will try to write out the letter they sent -

Notice Of Instruction

Dear Mr XXXXXX

Our Client EGG (Credit Card)

Acount No: xxxxxxxxxxxx(my old cc number)

Reference No: xxxxxxxxx(some random number i dont recognise)

Balance £2919.47

 

 

We have been instructed by EGG (Credit Card) to make arrangements with you to repay the above amount.

 

 

UNTIL FURTHER NOTICE ALL REPAYMENT PROPOSALS MUST BE AGREED WITH US.

 

This matter requires your urgent attention and you should now choose one of the following options :

 

Send a cheque made payable to "Clarity" to the address below.

 

Visit our secure website www.payclarity.com where you can pay online using your debit or credit card.

 

Call us to make your payment using your Debit or Credit Card on 0870 609 3274.

 

We will be reviewing your account again in seven days.

 

Yours sincerely

 

 

Mrs T Wheeler

Collections Manager.

 

The background of this is from an old egg credit card that got into trouble with. I had this card when i was earning 30k per year. Then about 4 years ago my life encountered a rocky period. This climaxed in my moving from kent back to scotland then death of my mother and an ongoing period of depression. I am still on anti depressants and dont feel that i can work at the moment. I also look after my 74yo father. So all i get is benifits (Income Support) and cannot afford to pay this sort of debt. I basically just stuck my head in the sand. At the begining i tried to keep up repayments but all my insurances refused to pay out (as they do (i had other debt that mirrors this)). They kept saying they needed the Full monthly payment ect ect. (i used to speak to them on my mobile from my scottish address). So eventually things got just too much for my head to cope with (mum had a stroke,1st of many and my dad had been diagnosed as having cancer which needed an imediate op.) i was visiting 2 different hospitals each day. So i just basically said stuff this and smashed my mobile phone to pieces (this was there only point of contact for me due to my moving from my old address in kent all the way back to scotland) and proceeded to "forget" all about these debts.

 

Now like i say this is the 1st i have heard from ANYONE regarding this debt since my move north of the border. Egg has never tried to find me (i presume as i imediately put myself on the voters roll so i would never be too dificult to find).

 

Now with the letter and a bit about the background regarding my situation can anyone advise me what to do ? (BTW i can get hold of some emergency funds of about 500-600 but couldnt pay anything like £3000. Is it time for me to become a bankrupt ? What other options are available ? Should i make them an offer of say 300 but state that this is full and final settlement or i use the said 300 for bankrupcy (put in the form of a take it or leave it letter to this company). Any help advice would be much appreciated.

Diddy Vrs Clarity - Clarity have produced CCA on behalf of EGG CC

Diddy Vrs Woolwich - I am at stage 2 (recieved shcedule of charges applied to account)

Diddy Vrs Buchanan clark & Wells - sent CCA request, not yet complied.

 

Mission is to end the year 2007 as level - dont want to owe or be owed by then :cool:

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Thankyou for the speedy reply. I will get this done and sent off to clarity by reg post tomorrow. Thankyou for taking the time to read and help.

 

**EDIT TO ADD***

Sorry just seen there were two parts to your post. Is there a template letter for this S.A.R. my letter writing skills are not quite what they should be im afraid so i would like to know what to write or have a fair idea what im talking about.

As for bank charges well i incurred lots and lots 000's during my few years of grief. I have downloaded the templates for the bank letters and intend to fire letter number 1 in the morning. I just hope it doesnt become too complicated as this is presently the type of things (pressure ect)i struggle with due to my depression. I am one of the fighters in life though and i hope with this to start back on the long road to recovery. I am not working at the moment but do look after my dad (not a carer as such but we look after each other lol) my origional job is a fully qualified electrician but due to my illness,medication and sometimes irrational temper. So no work for me at this moment but hopefully once i get my head clear then i will be back in society as a tax paying contributer. Thanks again in advance for any advice/help.

Diddy Vrs Clarity - Clarity have produced CCA on behalf of EGG CC

Diddy Vrs Woolwich - I am at stage 2 (recieved shcedule of charges applied to account)

Diddy Vrs Buchanan clark & Wells - sent CCA request, not yet complied.

 

Mission is to end the year 2007 as level - dont want to owe or be owed by then :cool:

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Is there a template letter for this S.A.R.

 

In the letters you have downloaded re claiming bank your charges there is a Dat Protection Act Subject Access letter. This is the same you should use in the situtation above. In case you can't find it, try

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

and adapt it accordingly.

 

Can I just add that I applaud the way you (and many other carers on this site) are looking after your dad? It sounds very 'evangelistic' but this site will be a great source of comfort for you now that you have found it. Lots of people have been where you are right now (myself included) and you'll find that people here are very friendly, knowledgeable and most of all supportive. If you have any questions about these letters and / or the responses you receive, post them and you'll be overwhelmed by the replies you get. You'll get sound advice and will not be judged. If and when you get some time, have a really good read around the site. In a short while, you'll realise you're not on your own. Some of the threads have had me crying with laughter and cheering when a member suceeds in righting a wrong.

 

All the very best Diddy :)

 

KJD

 

PS The CCA letter goes to Clarity and the SAR letter to Egg

"Some of the biggest men in the United States, in the field of commerce and manufacturing, are afraid of something.

 

They know that there is a power somewhere so organised, so subtle, so watchful, so interlocked, so complete, so pervasive, that they had better not speak above their breath when they speak in condemnation of it."

 

Woodrow Wilson, President of the United States.

Change the US for the U K... do you think he meant CAG?! :wink:

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  • 4 weeks later...

The following letters are what i have recieved in reply from Clarity

 

1st Reply

22May2007ResponseNo1fromClarity.jpg

 

2nd Reply

02June2007CCAcoverletterfromclarity.jpg

 

Page 2 of alleged CCA

02June2007CCAFromEggprt2.jpg

 

Page 1 of Alleged CCA

02June2007CCAFromEggprt1.jpg

 

I would be very greatfull if someone could look through the above and let me know if they have complied correctly (albeit slightly late) and what to do now (i dont have this amount of cash).

 

PS i Have also sent SAR to Egg and await a response from them.

Diddy Vrs Clarity - Clarity have produced CCA on behalf of EGG CC

Diddy Vrs Woolwich - I am at stage 2 (recieved shcedule of charges applied to account)

Diddy Vrs Buchanan clark & Wells - sent CCA request, not yet complied.

 

Mission is to end the year 2007 as level - dont want to owe or be owed by then :cool:

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I have blocked out my name in all instances. Tnx

Diddy Vrs Clarity - Clarity have produced CCA on behalf of EGG CC

Diddy Vrs Woolwich - I am at stage 2 (recieved shcedule of charges applied to account)

Diddy Vrs Buchanan clark & Wells - sent CCA request, not yet complied.

 

Mission is to end the year 2007 as level - dont want to owe or be owed by then :cool:

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Little Bump for elp/info here so i can be ready for correspondance day (I like to get my letters ready for modays following their Saturday letters).

Questions I have

1. Is the Above an actual fully compliant CCA ? (i Have removed all signatures and references to my name)

2. If it is fully compliant :( , What next ? I owe them in the region of 3k..... I dont have access to that sort of cash on the hip so to speak.

3. Does the fact that i have sent Egg an SAR for the above credit card mean that i can say my account is in dispute at this moment and I am awaiting the result of said SAR in order to see where this leaves the account in money terms ie it "may" be the case that the SAR will turn up with charges galore thus at least reducing my origional debt.

4. What about who are Clarity ? Can i send a letter asking this ? ie do they own the debt ? are they just agents acting for/on behalf of Egg (does this even matter? )

 

Any answers and/or pointers would be greatly appreciated. Tnx in advance:cool:

Diddy Vrs Clarity - Clarity have produced CCA on behalf of EGG CC

Diddy Vrs Woolwich - I am at stage 2 (recieved shcedule of charges applied to account)

Diddy Vrs Buchanan clark & Wells - sent CCA request, not yet complied.

 

Mission is to end the year 2007 as level - dont want to owe or be owed by then :cool:

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http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/91821-help-composing-letter-solicitor.html

 

Hi! The above is a link to my thread. In it i (eventually) manage to scan and post a clear copy of the Egg loan agreement sent to me. It looks similair to the one you've posted. Read the thread and the comments made, see what you think.

 

You will see i've decided not to acknowledge the CCA yet. This is because i've sent a S.A.R request to Egg with the intention of reclaiming charges. If there is a substantial amount i will put them towards the debt. If indeed the agreement is not lawful as i suspect, i then have that to use as ammunition later on to clear any left over balance and as part of the fight to remove a default.

 

In the meantime, whilst waiting for the statements from Egg, i will send the DCA a budget plan and a monthly payment offer. If you do this, offer what you can afford whether that's 1 or 5 pound per month, but then try to stick to it.

 

You'll see the following words time and time again on this site:

DON'T discuss anything on the 'phone

KEEP copies of all correspondence (your own as well as theirs)

SEND all letters by recorded delivery

 

Don't feel alone. I haven't been part of this site for long, but i have found it so comforting and empowering. Don't let these people pressure you. Take each bit of this process one step at a time. Youy have a lot to deal with in your life without all of this adding to your stress levels. If you keep feeding back onto your thread, someone will help you when you need it.

 

It sounds daft, but take the time to breathe :rolleyes:. Just joining the site and sending the initial letter out is a positive step - already you are taking control :)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hi there. thanks for the advice. I will have a read of your link over the next day and will take any steps i can to get this all under control. Thanks again for taking the time to read and reply.:)

Diddy Vrs Clarity - Clarity have produced CCA on behalf of EGG CC

Diddy Vrs Woolwich - I am at stage 2 (recieved shcedule of charges applied to account)

Diddy Vrs Buchanan clark & Wells - sent CCA request, not yet complied.

 

Mission is to end the year 2007 as level - dont want to owe or be owed by then :cool:

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Hi. thanks hopefull for the above advice and link to your thread. After having read through your thread i still cant really get my head round where im at or what to do next. I think my CCA above does look genuine and to that end im basically stuffed.

I will probably have to offer them some form of payment (£1 per week) or whatever with the long term view of when i get my bank charges and credit card charges back then im just going to go for bankrupcy. Stuff em they have been happy to stuff me:-|

Diddy Vrs Clarity - Clarity have produced CCA on behalf of EGG CC

Diddy Vrs Woolwich - I am at stage 2 (recieved shcedule of charges applied to account)

Diddy Vrs Buchanan clark & Wells - sent CCA request, not yet complied.

 

Mission is to end the year 2007 as level - dont want to owe or be owed by then :cool:

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Hi Diddy

 

Hope you and your father are well.

 

 

I have just started with the group and have sent off several CCAs I have looked through the site quite a lot and in my opinion the agreement egg have sent to you is un-enforceable because the page you may have signed does not contain the prescribed information.

 

But as i'm new could somebody more experienced jump in and confirm.

 

As I said I am new, but I would like to offer support because I know how it feels to be pressurised by these people.

 

Joining this site has opened my eyes to the fact that I have rights and people will understand and help here.

 

All the best

 

CAS

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I agree with Clutchingatstraws. An enforceable agreement has to have your signature on the page that has all the terms and conditions, 2 signatures and the APR info on it. Your signature is only on one page which does not have all the relevant info. There are links which explain what should be contained within a credit agreement. I will post them when i come across them again - there's so much info on this site, i forget where i've seen things :rolleyes: .

 

You need to decide what your next move is to be: challenge the agreement or reclaim charges first and see where you stand after that. As i said, i'm doing the latter.

 

Give yourself a couple of days before you respond to the DCA. Take your time doing your budget and deciding on what you can afford to pay any creditors. There's a budget planner template in the library section (as well as lots of useful letter templates).

 

If you get chance, spend a little time reading through some of the other threads. I have to keep doing that to get my head around the different procedures and just to see how people manage situations so similiar to our own.

 

Best wishes - keep posting!! :)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hi again

 

I see from claritys reply to your CCA they have dated it as the 22 May so the 12 days starts from there, from what I see they have sent you an unenforceable agreement.

 

The way I am dealing with this with another company is

 

If they phone I refuse to divulge any security details on the phone, and ask them to write. Dont get caught up in any conversations as they twist and record everything.

 

After the 12 working days are up ( must be working days not including weekends or bank holidays) the account is then in default because they have not complied with the Consumer Credit Act.

 

Once in default egg and/or their debt collectors can only get the agreement reinforced by order of the courts and as such the agreement they allegedly have does not comply with the Consumer Credit Act.

 

After a further month they will have commited an offence under the act.

 

Remember the front page of that agreement may have said " Pay Mr Diddy £2000 per month forever". I am just putting together my response letters and will post one here.

 

Just hang on and scan and post the next letter from them, there is no need to rush you have the lead on them already.

 

Q. Did they send you a statement of the account with the alleged agreement?

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Hi again, thanks for the support peeps, it helps ALOT. I have scanned and posted all correspondance from Clarity (above). I didnt ask for a statement of account (was this a mistake ? ). Im liking the idea of the agreement being incorrect - think ive read that much on hear my head sometimes shuts down lol. Im going to leave my response for a few more days (study time lol). With regards to phone calls, well I think i may be in the lucky bracket as we are X-directory plus we pay for that service where if someone tries to call without displaying their number they dont get through. So no calls to date so far...:)

 

Thanks again for the help/support its much appreciated.

Diddy Vrs Clarity - Clarity have produced CCA on behalf of EGG CC

Diddy Vrs Woolwich - I am at stage 2 (recieved shcedule of charges applied to account)

Diddy Vrs Buchanan clark & Wells - sent CCA request, not yet complied.

 

Mission is to end the year 2007 as level - dont want to owe or be owed by then :cool:

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This is about what I will be sending

 

Copied from a post by InKogneeToe

I Do Not Acknowledge any debt to you

 

Thank you for the information you sent following my request under the CCA 1974.

 

However, I made a request to you on .... for a copy of the executed agreement applicable to the alleged debt. Under the CCA s77/78, you are obliged to send me a true copy of the actual credit agreement but have only sent me a copy of the initial application form.

 

A regulated credit agreement contains all of the prescribed terms, other required information and statements of my statutory rights.

 

I would therefore be obliged if you would send me a copy of that document as soon as possible.

 

Yours

 

Take a look through this one if you haven't already.

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/78848-advice-needed-so-many.html

Cas

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Hi cas. Sorry for not replying/thanking you much sooner. The letter you pasted seems as if it would fit the bill - pardon the pun.:)

I thought the CCA that i recieved looked bona fide but im still searching lol. I cant see the wood for the trees (sorry about my old sayings lol). Im just nervous about sending the above letter and then finding out that the CCA is genuine. I have been reading around some threads trying to find similar agreements to my one and comments on the legality of a 2 page agreement. I think i get the part where you state page 2 could actually contain anything so therefore would need to be signed and maybe even dated. Obviously this is not the case. So im at the building up my courage stage lol.

 

Also when i sent my CCA req to Clarity i also at the same time sent a SSR req to Egg. I really want to see the results of that SAR before doing anything too drastic. Would you say the above letter that you pasted should be sent before i get my SAR details from Egg or would i be better to wait untill after the result of the SAR ?

I actually filled out the budeget planner yesterday and found out i have about £2 per month "spare". Not that i would consider paying all of that to just one creditor, as there are others not least BCW who are in default of an SAR that i sent them. So even "playing fair" they would get probably £1 per month. I dont own my house (its a council house in my fathers name). I am on incapacity benifit (depression/stress). I basically exist to look after my father (I dont claim for this as he gets carers allowance and keeps it lol).

I do this basically to keep my father going if you know what i mean. He likes to have some spare cash so i let him have it. Anyway thats the financial situation and its something i have grown to live with.

So should i hold off from doing anything untill i get this SAR from Egg ? Or should i just use the above letter as a stalling tactic ? Any views on this and the legality of the agreement would be most welcome. Thanks for all the help/advice given so far.

Diddy Vrs Clarity - Clarity have produced CCA on behalf of EGG CC

Diddy Vrs Woolwich - I am at stage 2 (recieved shcedule of charges applied to account)

Diddy Vrs Buchanan clark & Wells - sent CCA request, not yet complied.

 

Mission is to end the year 2007 as level - dont want to owe or be owed by then :cool:

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Two more letters from my new friends today.

Notice they are both exact apart from the number at the top ???? hmmm

 

Letter 1

th_06June2007NewClaritydoorcollecto-1.jpg

 

 

 

 

Letter2

th_06June2007NewClaritydoorcollectorle.jpg

 

 

I now intend to send them back a letter along the lines of this account is in dispute due to my having sent an SAR to EGG as well as including a bit from the template letter that covers ONLY in writing please. I will post up my draft letter a little later for CAG critique.:wink:

Diddy Vrs Clarity - Clarity have produced CCA on behalf of EGG CC

Diddy Vrs Woolwich - I am at stage 2 (recieved shcedule of charges applied to account)

Diddy Vrs Buchanan clark & Wells - sent CCA request, not yet complied.

 

Mission is to end the year 2007 as level - dont want to owe or be owed by then :cool:

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Hey peeps. I have drafted this letter to send to Clarity. Has anyone got any views/or anything I should add.

With reference to the above account. I am currently investigating this account with regards to the validity of the CCA, which you posted to myself on 31st May 2007. I am also in the process of preparing a financial statement which will be sent to yourself in due course IF appropriate. Please be advised that i am currently in dialogue will EGG with regards to this alleged account.

Furthermore with regards two your 2 further letters that you sent Dated 31st May 2007 which is the SAME date that you sent out my CCA (see above), I don’t consider sending demands to contact you (or we will arrange a visit from our doorstep collector) on the same day as you sent me my CCA (as required in law) to be giving me sufficient time to respond properly to your original letter dated the same day. This harassment will be brought to the attention of the courts should the need arise for the matters in hand to go to that stage.

Please also be advised that I am only prepared to communicate with you in writing and therefore, if it remains your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property, and if you do so, then you will be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Should it be necessary, I will obtain an injunction.

 

 

Well thats it for now. I will hang back untill friday to postthis letter to give my fellow CAG'rs a chance to look at it and offer advice. Thanks in advance. :cool:

Diddy Vrs Clarity - Clarity have produced CCA on behalf of EGG CC

Diddy Vrs Woolwich - I am at stage 2 (recieved shcedule of charges applied to account)

Diddy Vrs Buchanan clark & Wells - sent CCA request, not yet complied.

 

Mission is to end the year 2007 as level - dont want to owe or be owed by then :cool:

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Hi diddy

 

Just run some dates past me, what date did you send your cca to clarity and do you know when it was recieved.

 

If they went over the 12+ 2days they have defaulted. This should give you time to claim back charges.

 

As Im new can someone jump in and confirm.

 

All The Best

 

Cas

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Sent CCA req on 8th may. recieved this back on 2nd June. Thiere letter is dated 31st May. So that would be something in the region of poss 15 working days (not sure without refering to calander). What do you think of my letter ? Feel free to add or sugest i delete any part.

FYI. I have already SAR'd EGG (kind of regretting that as how can i deny owing something that i "may" reclaim charges for).

As for my other creditor - I have about 7 from way back (different address V. long story) and these are No3 to have found me.1+2 im trying to deal with through CAG No3 was for my car - which they turned up on my doorstep and demanded the keys (Didn't/still don't quite know my rights on that as i had paid 2/3rds), so cars gone that happened last november. But as for the remaining 4 - im letting them find me, not the other way round. Strange thing is i had insurance protection for the lot but insurance dont cover family emergencies nor redundancy if they can get away with it.

Thanks for all the time you peeps have taken to help me so far.....i know im a pain lol.:)

Diddy Vrs Clarity - Clarity have produced CCA on behalf of EGG CC

Diddy Vrs Woolwich - I am at stage 2 (recieved shcedule of charges applied to account)

Diddy Vrs Buchanan clark & Wells - sent CCA request, not yet complied.

 

Mission is to end the year 2007 as level - dont want to owe or be owed by then :cool:

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No Problem

 

Don't send letter yet

 

I'm sure they have defaulted on the CCA by not supplying it in time therefore require a court order to re-inforce,

 

along with the two page issue regarding the actual CCA theres hope there but we need a site helper or experienced member on those.

 

The SAR's aren't my strong point as my debts are very old but your egg penalties are worth looking at for a refund.

 

Will stay with you on this one and start my own thread when the wolves start baying.

 

Cas

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As I think was posted on another thread Diddy your agreement is very borderline in terms of whether it complies or not.

If you are going to claim back charges you will have to acknowledge the debt. However, as you are awaiting the results of the SAR I think it is sufficient to simply say that the account is in dispute. I would refer you to the relevant OFT guidelines:

The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003

 

Deceptive and/or Unfair Methods-

2.8 Examples of unfair practices are as follows:-

k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

I would also inform Egg that they should not be entering anything adverse on your credit file while the account is in dispute.

The Banking Code section 13.6:-

We may give information to the Credit Reference Agencies about personal debts you owe us if:

The Amount Owed is Not in Dispute.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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(Inform clarity that the debt is in dispute awaiting a response from your S.A.R - (Subject Access Request) to EGG. Short and simple)

 

(Inform Egg that they should not be entering anything adverse on your credit file while the account is in dispute.)

 

I still believe that the two page agreement is very suspect.

 

Anyone know if this has been tested

 

Cas

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