Friend Vs Egg

[Scrapper]

Hi

Can someone please tell me if the following agreement is enforceable by Egg as they have hiked my friends interest rate from 19.6% - 26.6% and all attempts to get them to lower it have failed.

He is getting worried as he can't afford the increase each month.

http://s420.photobucket.com/albums/p...rent=Page1.jpg

http://s420.photobucket.com/albums/p...rent=Page2.jpg

Many thanks

Scrapper Coco

[maroondevo52]

Hi, Scrapper.

I'll move this thread to the Egg Forum.

EDIT: Thread moved.

Regards.

Scott.

[cds]

if its eggs usual agreement with approved limit it is generally regarded as unenforceable, could do with a better scan though not very easy to read.

cds

[Scrapper]

Thanks cds

I'll try and get a better copy and post it tomorrow

Many thanks

Scrapper Coco

[Scrapper]

Hi all

Well that didn't take long. I had a look at all the threads about egg and my conculsion was the agreement is unenforcable. So I drafted a letter to egg from one's I've seen on here pointing out the errors in the agreement etc etc. Today my friend got a commencement of legal action notice from them.

Should he be worried ?

Should he write back?

Should he just ignore?

Any help always appreciated

Many thanks

Scrapper Coco

[angry cat]

Please provide a better scan!

AC

[Scrapper]

Hi All

Hopefully this scan is better


http://i420.photobucket.com/albums/p...kson29/egg.jpg

http://i420.photobucket.com/albums/p...son29/egg1.jpg

If you download the link then open with Windows picture manager you should be able to enlarge and view correctly I hope.

Many thanks

Scrapper Coco

[Scrapper]

Hi all

Well egg have issued a default on my friends credit file, but never actually sent him a default notice even after he sent them recorded letters stating that the account is unenforceable. They didn't even have the manners to write back to him.

What are the next steps as the account is unenforceable due to a lot underlying factors.

Is there another letter that he can send them and experian? as from what I have been reading if the account is unenforceable then no agreement exsists therefore they cannot legally issue a default and have broken the law with regards to the data protection act.

He is prepared to fight them in court if need be.

Many thanks

Scrapper Coco & Friend

[Scrapper]

Hi All

Help needed please

My friend recieved the following letter today from Collect Direct (UK)

Dear Mr A Another

In response to your 3rd party communication, our client has provided in good faith all the information they are required to provide under sections 77 or 78 of the Consumer Credit Act 1974 (He never instructed a 3rd party. He requested it himself) This, at the very least, is evidenced by use of the account and receipt of the credit funds. Our client has therefore fulfilled their obligation with regard to the alleged dispute (No they haven't they just bumped up the interest rate 7% and told my friend tough they could do what they liked. Hence he want's to fight fire with fire and use the law to protect himself)

The Ministry Of Justice and the Office of Fair Trading (Like the OFT are worth the paper they are written on. Totally spineless) have recently issued an alert, warning consumers of the risks of being mislead over the enforceability of consumer credit agreements, and that creditors are entiltled to pursue and debt collection activity and produce negative credit scoring associated with the original debt. We therefore strongly recommend that you re-contact us yourselves to arrange repayment (like hell he will)

In the circumstances, we will not be entering into further protracted correspondence with your appointed 3rd party (No 3rd party involved, but are they saying if he had appointed a solicitor they would just ignore him? Naughty Naughty) and request that you remit your proposals for settlement of this debt within 5 days from the date of this letter (Lost count of how many 5 day letters he's had and still they do nothing) together with a payment on account. Failure to do so will lead to further action being taken for recovery of the above amount, as per our clients intructions.

My firend want's them to take him to court as he has a huge file of all the breaches they have made and their refusal to reduce the interest rate or accept token payments plus theres the unenforceabilty issue which he has confirmed legally. He want's to make a judge fully aware of how he's been treated after being a customer for near on 10yrs and never missed a payment ever until they increased the interest rate then he stopped paying. Which he see's as leagalised loan sharking in the current climate of job cuts, bank's on the brink of going under Egg (citi) included. It is not ethical to say the least. This is the only default he has on his credit file and up until then it was perfect.

Shall he wait for their next move or start legal proceeding himself?

Many thanks as aways

Scrapper Coco & Firned

[Scrapper]

Hi All

Can anyone out there provide me with some direction on this please

Thanks

Scrapper Coco

[Scrapper]

Hi All

Well this is a classic. My Friend received this in the post this morning.

Default Notice

Dear Mr A Another

We are disappointed to note you have defaulted on the payment arrangement agreed with you. (No payment arrangement in place EVER)

A payment of £0.00 was due in this office but has not arrived on time. (well it wouldn't as no arrangement in place)

FURTHER ACTION IS NOW PENDING ON YOUR ACCOUNT DUE TO THIS PAYMENT NOT BEING RECEIVED.

Payment of the arrears must be received at this office within 3 DAYS from the date of this letter, together with your written commitment that future payments will be received on time. LOL LOL PMSFL

You may also telephone our office and make a payment by Debit/Credit card, as failure to comply with this request could result in the matter proceeding further.

Do they actually have any idea of what they are doing? I think not

Any thoughts or advice would be more than welcome

Many thanks as always

Scrapper Coco & Friend

[Scrapper]

Hi all need some help please if anyone is reading this

My friend got a another letter from collect direct yesterday with the following:

INVESTIGATION WARNING

Dear A Another

Despite our previous communications, your debt has not been discharged at an acceptable rate to our client.

Unless payment is received within 5 DAYS from the date of this letter, instructions may be passed to a local private investigator to make all the necessary enquiries prior to issuing proceedings in the county court for you to be Orally Examined under oath. Correct me if I'm wrong but isn't passing his details to a 3rd party breaking the Data Protection Act?

We may also make a search of the HM Land Registry with a view to placing a CHARGING ORDER on your property and existing chargees may also be informed of the further charge. Good luck with that one then as he rents.

The above enforcement action may be taken against you following a successful county court Judgment and continued non-payment, therefore you are advised to contact this office immediately to agree a payment arrangement. If they are so confident why haven't they just started proceedings already? He's told them to enough times.

ALL PAYMENTS MUST BE MADE DIRECTLY TO THIS OFFICE, QUOTING OUR REFERENCE NUMBER.

Should he be worried as they have been threatening all sorts for a couple of weeks now and he even told them on the phone to take him to court as the agreement was unenforceable in a court of law due to a number of issues which even prevented a court from making the agreement enforceable.

He has also sent a number of letters confirming as much, but still they ignore him.

Should he call their bluff and issue his own court proceedings to get the agreement made unenforceable and have the default removed and see what their next move might be? I have a feeling they might back off forever if he makes the first move

Anyway thanks

Scrapper Coco & Friend

[Scrapper]

Anyone's help would be very appreciated people

Thanks

Scrapper Coco

[Scrapper]

Anyone?

Bump

[Scrapper]

Anyone???????????????

Thanks

Scrapper Coco

[Scrapper]

Can somebody please give me some advice

Many thanks

Scrapper Coco

[Scrapper]

Hi All

Can someone please answer my questions as today my friend received a very RED LETTER and I get the impression plenty of people are looking, but not helping.

URGENT NOTICE

WE ARE ADVISED THAT YOU ARE CURRENTLY RESIDENT AT THE ABOVE ADDRESS

A course of action opento our client would be to issue county court Proceedings for recovery of this debt, which could result in further costs being added to the balance.

If county court Judgement is obtained against you, this would be registered as public information for a period of six years and may affect your ability to obtain future credit. (That's a laugh as Egg have already regisitered a Default on his credit file after only 2 missed payments and never sent him a default notice)

Failure to make a payment by return could result in:-

Collect Direct recommending Legal Action in the county court. If Judgement is obtained, this could furhter result in:

The Bailiff visiting your home.

An Attachment of Earnings (if employed) (Good luck he's self employed or was until work dried up)

IMPORTANT - What to do to avoid further action.

WITHIN 7 DAYS of this issue date of this demand, YOU SHOULD:

a) Make an immediate Payment to: CDUK (Wasn't that a kids program on saturday mornings?)

b) Contact us urgently, quoting the above CDUK Reference Number on 0844 7016157 to discuss a payment arrangement if you are experiencing financial difficulties.


Many thanks

Scrapper Coco & Friend

[supasnooper]

The latest letter is just another demand for payment.

Most companies will send these out as they do not want the cost and the time it takes to go through the legal process.

As you have written earlier, your friend could issue his own court proceedings to get the agreement made unenforceable and have the default removed.

Have a look at this thread for mor info on Egg agreements -

http://www.consumeractiongroup.co.uk...ents-what.html

[Scrapper]

Hi Supasnooper and thanks

Should I tell him to just ingnore them for now or should he start proceedings against them to get the agreement deemed unenforceable and the Default removed?

If he goes down the unenforceable route what are the steps he has to take?

Many thanks

Scrapper Coco & Friend

[Scrapper]

Hi all

Just a quick update

CD (UK) seem to have given up the chase after they were told to take him to court and good luck.

This morning a letter from ARC (europe) Ltd arrived threatening the same old same old so he called and told them to go do one and take him to court and they hung up.

He has contacted a solicitor who has confirmed that the agreement is totally unenforceable so he has instructed him to get this struck off and the default removed from his credit file.

He's been told it shouldn't take that long as most of the work has been done (CCA, Subject access request etc) but they are 99.99% sure there shouldn't be any problems arising and he might have to sign a confidenately agreement if they do write it off before court.

No worries as that won't stop me posting as I've signed bugger all.

Anyway I'll keep you updated as things move along.

And yes I told him he could do this himself, but he's the sort of person who would fall apart in front of a judge and a brief for the other side so it's easier for him this way.

Many thanks

Scrapper Coco