egg banking

hanandhen

hi

wonder if some could give me a little bit of advice,

i have a credit card with egg, got into a biot of difficulty when oh was out of work they passed the accountover to bryan cater sol,
i wrote to them in may asking for my signed credit agreement did not hear back from them untill 3wks ago when they put in a claim to the county court, filled the form in and filed a defence of them not sending my signed credit agreement, this has now been refered to my local court,
but bryan carter have been on the phone saying they can cancel the court action if i drop my defence and we come to an agreement with them to repay debt, i said what about my credit agreement and the guy said that this would have no bearing the court case, i also said i wanted to claim for the intrest charges and he said it was to late in the day to do that now as they have filed in the court,

is this right what they are saying, i know i owe them and am willing to pay but can i not have my credit agreement and can i not claim for the charges

thanks in advance

Hippocampus

Why can't some people just tell the truth for once? Because they are natural born liars I suppose. And make a living from lying and cheating. Not quite what you would expect from a firm of solicitors? Unfortunately, it seems the norm for some. BC especially.

Anyway, I digress. BC are of course talking from the wrong orifice. The fact that they have no agreement has EVERY bearing on the case, and you have EVERY right to reclaim charges. So if he genuinely wants to "help" you come to an arrangement to pay, he is going entirely the wrong way about this. If this gets into court without an agreement, they WILL lose. Which is exactly why you have been made an offer of them trying to come to an agreement with you if you drop the defence.

I would NOT come to any sort of agreement UNTIL they drop the court case. They have lied to you once, they can do it again. What if you agreed, and the next thing you know, you get a CCJ through the door because you didn't turtn up to defend? And OOPS, BC "forgot" to withdraw. Oh, dear, lumbered with a judgement that they should never have got.

If that's the way they want to play things, I'd write back and tell them that you will be continuing your defence, Section 127(3) of the CCA 1974 being perfect for the purpose, and you'll be happy to turn up to wipe the smug grin from their faces. The final kick in the gonads being when you tell them you will counterclaim for your charges.