Sue V Egg Full and Final Settlement

suewiththeblues

awh thanks - george to the rescue again! i just want to pay them - its driving me crazyyyyyy!!! i just want them to take the full and final and lay it all to bed so i cna get on with my next mission (whatever that may be but there will be another mission!) its so awful having debts hanging over you!

suewiththeblues

ok more progress from egg

as above i requested the cca from egg on 12th march and copied it to collect direct. collect direct wrote back saying they have passed my case back to egg. egg did not reply at all.

today i have a letter from ARC (europe) Credit management which reads..

'this account has been passed to us for collection as our client has been unable to obtain payment of the outstanding amount from you.

we wish to make it quite clear that unless a substantial payment is made to us within the next ten days along with a firm offer to clear the rest of the overdue balance we will pass your account to our solicitors with instructions to issue proceedings against you in the county court...

EEK :eek: :eek:

how do i reply to this?

i am still able to make the full and final offer that i have been trying to make all this time but

i have also the CCA thing going on so should i send one of those CCA letters that says 'you are over your time limit...this is unenforceable type letter?

suewiththeblues

helllllllllllllppppppppp!

scaredy_cat

suewiththeblues wrote: »

ok more progress from egg

as above i requested the cca from egg on 12th march and copied it to collect direct. collect direct wrote back saying they have passed my case back to egg. egg did not reply at all.

today i have a letter from ARC (europe) Credit management which reads..

'this account has been passed to us for collection as our client has been unable to obtain payment of the outstanding amount from you.

we wish to make it quite clear that unless a substantial payment is made to us within the next ten days along with a firm offer to clear the rest of the overdue balance we will pass your account to our solicitors with instructions to issue proceedings against you in the county court...

EEK :eek: :eek:

how do i reply to this?

i am still able to make the full and final offer that i have been trying to make all this time but

i have also the CCA thing going on so should i send one of those CCA letters that says 'you are over your time limit...this is unenforceable type letter?

these are scare tactics and as you
requested the cca then Egg should not have passed the debt onto someone else, i believe. ave a look at this site for some more template letters stated that and also stating that you are going to report them to the oft ->
http://forums.moneysavingexpert.com/showthread.html?t=963087
h

suewiththeblues

thanks for that, i did remember reading something about the cca's and debts being sold on so will have a read and send a letter off tomorrow

GeorgeUK

If you sent a CCA request to egg then they shouldn't have passed it on, but if not they can still do this - if you only asked for the cca from their agent. I would write stating that you have previously requested a copy of the CCA and not received one, but are willing to make a full and final offer of £x.

They can either accept the offer or pass the debt back to egg. If they don't and you have not requested a copy of the CCA from eg, then i would request a copy from this new lot.

suewiththeblues

Right this is the letter i need to send to ARC? i will enclose a copy of the CCA request i sent to Egg and to Collect Direct UK (my folder of letters is getting big!) and the expected outcome is that they close their file on me and pass it back to egg...

FORMAL NOTICE - ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE. Please note that this is a breach of OFT collection guidelines.

I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches.

If **New DCA/Solicitors** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards and Office of Fair Trading.

I would appreciate your due diligence in this matter.

Yours faithfully

suewiththeblues

oops problem i think!

i sent egg the cca on 12 march 09
12+2 days lands on thurs 26 march (tomorrow)
is this the date the account is formally in dispute? in which case should i be re-cca'ing ARC? as it looks to me that i am saying the account is formally in dispute on a date SINCE it was sold to them?

any ideas? the account in dispute letter or a new CCA letter?

suewiththeblues

bumpety bump!

suewiththeblues

bumpety bumppppppp:D