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saddler10 v DLC/egg


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Hi all, last week I received a letter from DLC with regard to my Egg account asking for over £2000 to be paid immediately. I called them hoping to pay a small one-off amount and then set up monthly payments from my next payday.

They told me immediate payment of the full amount was required. After explaining that I just don't have 2k lying around, eventually I made a payment of £50, but they will only think about setting up monthy payments if I pay about £400 by the 11th July.

Their letter opens by saying 'Your account has been referred to us by our client for collection, and all contact must now be directly with us'

 

From this sentence I assume that DLC don't actually own the debt but are acting on behalf of Egg.

 

The letter closes by saying 'failure to respond to this request may lead to court action at an additional cost to yourself and a judgement being registered against you.' It was also mentioned in the telephone call that if I didn't pay the extra £400 in 2 weeks time their legal team would apply for 'attachment of earnings'.

 

Am I right in understanding from other threads, that if they don't own the debt, they don't have the power to take action?

 

As far as the account itself goes, I already have my list of charges ready for my preliminary request for repayment. Do I still send this to Egg, or DLC. Once I have sent this, I understand the debt is in dispute and no action can be taken?

 

Again from other threads, I see that I should send a CCA request. I take it this is to DLC, not Egg.

 

Apologies for the long rambling thread, but I want to get things clear before I start!

 

thanks, Paul

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hi saddler, i would reccomend firstly to write and inform them that the account is in dispute which will prevent furthur action (i believe). then have you made a request for your credit agreement under the consumer credit act 1974?

I am not a legal expert and my words are my opinion only and do not constitute legal advice.

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Thanks for the response, I will be sending my request for repayment of charges to Egg, at the same time I will write to DLC to inform them that the account is in dispute.

 

Paul

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Paul, I would make a CCA request for your original agreement as well, it only costs £1 and your time and when you consider the possibilitys it could present - making the debt unenforceable or even written off !! i think its worth considering.

 

Pete

I am not a legal expert and my words are my opinion only and do not constitute legal advice.

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Thanks Pete, is that to DLC, or Egg?

 

Paul

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Egg, they are your creditors. start there and if they have sold the debt on you'll soon find out.

I am not a legal expert and my words are my opinion only and do not constitute legal advice.

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  • 2 weeks later...

Hi, I have sent a request for repayment to Egg and also a CCA request. Have received a reply saying they will look into my complaint. Request for repayment deadline has now passed, so will be preparing LBA. They have about a week to provide my copy of CCA.

 

Paul

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Right then , LBA sent to Egg today, as well as a letter to DLC informing them that the account is in dispute. Letter arrived from DLC today expressing concern that no payment had been made.

Also, Egg have until Monday to provide my CCA!

 

 

Paul

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Hi all, Egg's 12 days is up now for providing my CCA, do I actually do anything now or just wait for the next 30 days to elapse, at which point they will have committed an offence?

 

Paul

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Capitol One (Partner), £475.01 settled in full, donation made!!!

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Update, I have today received a letter from a solicitor, instructed by DLC on behalf of Egg to take the 'necessary steps' to recover the outstanding balance.

Any advice please, would be much appreciated!

 

cheers, Paul

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Capitol One (Partner), £475.01 settled in full, donation made!!!

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In my experience the DCAs don't always tell the solicitors what's going on. I've recently written to 2 lots of solicitors explaining the account is in dispute because i am waiting for response to my S.A.R and credit agreement request. Both backed off immediately.

 

:)

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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Thanks Hopeful, I will write to the solicitors. Also have just been reading OFT debt collection guidance and under 'examples of unfair practices' I found

 

F. Pressuring debtors to pay in full, in unreasonably large installments, or to increase payments when they are unable to do so.

 

H. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

As you can see from my first post they tried to make me pay the full amount and they also seem to be pursuing my debt even though it is in dispute!

 

cheers, Paul

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Hi, received reply from DLC yesterday, to say that they are referring the matter to their clients and will contact me again on receipt of their reply.

 

Paul

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Hi, letter from Egg today offering a partial refund (£4.00 off every £20.00 charge). At the same time, they have also returned the £1.00 postal order I sent for my CCA. As far as I am concerned they have received the request and payment, their 12 working days have gone!

 

Paul

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Hi Paul

 

Have you decided what you are doing next? Are you going to try to reclaim all your charges/ If you are, then you can't use the lack of CCA response. You can't not acknowledge the debt and then reclaim charges?

 

It was good to make the request to DLC because it has got them off your back!! Arc sent me an agreement, which may be enforceable, i'm not yet sure. I have kept quiet about this anyway and focused on the charges. I have held Arc off by saying the acount is in dispute whilst i await for Egg to confirm if they will be paying them back as this will give me the true balance. If Arc start to hassle me again i will say they haven't complied with my CCA request fully, as i've not received a statement of account from them. It's all games you see :p

 

You're doing well, just make sure you know what your gameplan so you're ready to battle!!

 

Always thinking....:D

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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Thanks again Hopeful. At the moment, as the charges wouldn't clear the whole balance I was planning on focusing on the CCA for now. The 12 working days expired almost a week ago, and the 30 day deadline expires on 22nd August.

Maybe I should have reclaimed charges first to reduce the debt, but with the amount of money DLC were demanding (wrongly, I now understand!), CCA request seems to be the best move to get them off my back!

 

Paul

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Capitol One (Partner), £475.01 settled in full, donation made!!!

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hi paul, and hopeful1. I'm not to sure about hopeful1's interpretation of the CCA and reclaiming charges, and i apologise, just that i was of the opinion that you are not disputing weather there is or is not a debt, you can quite happily say there is; the CCA allows for the powerful institutes to be regulated and disciplined for breach and provides for powerful protection of the weaker consumer. What i mean is that the onus is on the institutions to get there paper work correct, and that is what the CCA protects. it does not dispute if the debt exists or not; it merely ensures that the stronger party to the agreement, the banks, haver to ensure that everything is right, if not its strict liability and they stand to lose the lot. so my personal opinion, and what i am doing, is to continue to claim the charges back with or without an agreement.

I am not a legal expert and my words are my opinion only and do not constitute legal advice.

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  • 3 weeks later...

Hi all, on Saturday received by recorded delivery from DLC a statement (summary of account). Now I think if they have got my credit agreement they would have sent it at the same time and their 30 days are up on the 22nd August! Will be interesting to see if they start chasing this again.

 

Paul

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Capitol One (Partner), £475.01 settled in full, donation made!!!

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  • 1 month later...

Just when I thought Egg had gone away due to the lack of a credit agreement... they have passed it on to another debt collection agency by the name of ARC! Obviously they will be getting a letter from me regarding the fact that they are chasing a legally disputed debt, any tips on what how I should word my reply gratefully recieved!

 

 

cheers, Saddler10

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Capitol One (Partner), £475.01 settled in full, donation made!!!

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Obviously they will be getting a letter from me regarding the fact that they are chasing a legally disputed debt, any tips on what how I should word my reply gratefully recieved!

 

with regards to the agreement in question, this is an agreement between Egg and myself, and is currently in dispute. Egg are in breach of the Consumer Credit Act 1974 (sections 77 - 79) by failing to respond to my written request (insert details of request date etc) and, as a period of 12 days plus a month has expired, the agreement is unenforceable and Egg have committed an offense.

I am not a legal expert and my words are my opinion only and do not constitute legal advice.

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Cheers, have got a letter together now which will be sent tomorrow. Going on holiday soon, might have some interesting mail to read when I come back!

 

Paul

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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  • 3 months later...

Hi all, all went quiet on this for a couple of months then I received another letter from ARC mid December. I have scanner problems so will have type it, so here goes;

 

We are writing in response to your recent communication. (My last letter to them was dated 3rd October, their 'response' is dated 12th December!)

 

Please find enclosed a copy of your statement of account. Our client is unable to locate a copy of your credit agreement at present, therefore we have also attached a true copy of the Terms and Conditions as they were at the time you signed your agreement. This constitutes our legal obligation and therefore we must have an offer of payment on this account.

 

Next paragraph is about where to send payment. then,

 

If however, you believe you have defence to our clients demand, please specify the nature and extent of that defence. In this respect, we note from the account statement that you have already made payments towards the balance and we therefore assume that you do not deny the existence of the contract with our client.

 

If we do not receive your payment or details of a defence within the next 21 days, this account will be passed to our solicitors for further action.

 

Well, I now have it in black and white that they cannot supply the credit agreement, and as such, a complete defence I believe. Any comments or advice?

 

cheers, Saddler10

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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So they are going to take you to court for defaulting on a an agreement that they can't substantiate??? great stuff. proof of payments can be construed as "okay I've been conned for longer than I thought" perhaps an offer of monies received as f&f settlement?

 

Don't forget, they are also processing your data without your permission, since the agreement also acted by way of permission to process. I would not only deny their request for payment, but start the ball rolling allong the lines of breaches of data protection act.

 

Of course they will dispute this, but simply asking them on who's authority and with who's permission they are processing your data should put them on the back foot

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Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Thanks for the response spamheed. I have now managed to scan the letter so here it is in full if I have rembered how to use Photobucket!

arc121207.jpg

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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