Sue V Egg Full and Final Settlement

10past6

suewiththeblues wrote: »

12+2 days lands on thurs 26 march (tomorrow)

Your 12+2 expires on 01st April

It's 12 WORKING days + 2 for postal.

GeorgeUK

I think you can send the letter you posted above - just be careful of the dates you put in. The legislation states 12 working days - the extra 2 days we add for postage but you do not need to include these in the letter.

Edit: Didn't work out the days. I'd send the letter off to them next week instead

suewiththeblues

thanks for that, i had counted weekends too! will send next week :money:

(feel a bit sorry for martin being turned upside down in that!)

suewiththeblues

right to update, am getting so confused and stressed out now!

Egg passed it to Collect Direct
I CCA's Collect Direct on 12th March (so the 12+2 days were up on 1st april)
18th march collect direct wrote to say they have passed the file back to egg on 10th march ( so i recieved the letter days after i sent CCA req)

23rd march - i receive a letter from ARC Credit management this time saying that i must pay them the outstanding Egg balance

25th march i recieve a reply from collect direct accepting my previous offer of token payments i made on 12th march (so they have the account again now??)

30th march another letter from ARC asking me to phone to give consent for them to contact CCCS to discuss account (havent been with CCCS since sept 08!)

i am now getting confused at to who i am supposed to be CCA'ing and dealing with as all their letters are crossing!

i have decided to do the following - can someone check this is appropraite?


1. This letter is to arc

Dear Sir or Madam,

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, Egg, and has been since 1st April 2009

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

As Egg are now in default of my Consumer Credit Act request and OFT Debt Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will not only be fully and vigorously defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to Egg for resolution of these defaults and breaches, as Apex cannot lawfully pursue any enforcement activities.

If ARC 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, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I look forward to hearing from you in writing.


2. This letter is to collect direct


I refer to my letter dated 12th March 2009 which was delivered via Recorded Delivery to your offices.

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. This time limit expired on 1st April 2009.

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore on 1st April 2009 this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974.

I require the following action from Collect Direct :

1. All payments made to date for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by Collect Direct. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Collect Direct or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

I look forward to your reply within 14 days to resolve the matter amicably.

are these letters right and am i sending them to the right people?

suewiththeblues

bumpety bump!

suewiththeblues

Todays letter (hopefully the final one) from ARC DCA goes as follows:

'We can confirm that we will accept payment to close the account. This offer is made on the condition that payment is received by 29/1/10.

Please be advised that payment made within the terms of the offer will result in your credit file being updated to show your account as PARTIALLY SETTLED, the balance will be brought to NIL, and you will not be pursued for any further monies on this egg account. if you would like confirmation that the amount is in full and final settlement we will require you to pay the full balance owing.'


My interpretation of this is that as the balance will be brought to nil, and i wont be pursued that this is fine?

DarkConvict

Looks ok, the only thing is it will be partially settled on your credit file which will have more of an impact than satisfied.

Have they specified how they want payment?

suewiththeblues

hiya

payment by cheque or debit card - think i will go with cheque from relative!

the partially settled bit is not as good as full and final but i guess as i have defaults and all sorts already on my file it wont make that much of a difference i am already screwed for the next 6 years! mind you it will be nice to be screwed for the next 6 years but with no more DCA letters and pressure! i have had ten years- A DECADE!!! of all this now!

DarkConvict

Cheque is the best way, as they might try a 2nd payment if using a card.

The default will be marked partially satisfied, which will drop off 6 years from the original default date. From the first post, ill assume you defaulted sometime in 2007/2008. Therefore the default will come off in 2013/2014.

I do not know what happens to the account section of the credit report. I assumed that is also marked as closed and partially satisfied. No idea when that drops off.

GeorgeUK

As long as they say you won't be pursued for any further monies and not that egg won't pursue you.

I would prefer it to state that the agreement is in full nd final settlement but that the credit file would be marked as partially settled. Might be worth reading the letter to the nationaldebtline to get their opinion, but i think as long as it states you will not be pursued for monies owed on the egg account and not monies owed to egg, it should be okay.