EGG - Threatening Legal Action - Help

thechippy

I agree.

Have a read of the first few pages and when you get something from egg, let N-I-D have a look.

http://forums.moneysavingexpert.com/showthread.html?t=2305463

jim2007

Thanks Everyone! Yes, I was reading that many Egg Card agreements may be flawed, I am looking forwarding to receiving mine.
Letter done for Mercers and will be sent this afternoon! Many thanks TheChippy!
I will continue to do battle, all your advice makes me feel much more positive :-))

thechippy

jim2007 wrote: »

Thanks Everyone! Yes, I was reading that many Egg Card agreements may be flawed, I am looking forwarding to receiving mine.
Letter done for Mercers and will be sent this afternoon! Many thanks TheChippy!
I will continue to do battle, all your advice makes me feel much more positive :-))

No worries Jim.

Let battle commence..........:D:cool:

DarkConvict

jim2007 wrote: »

The outstanding balance is just over £10,000 and I have requested a CCA to Capital Credit Agencies but they returned the postal order saying it should be sent to Egg. This I will be doing this afternoon.

Is this letter just scare tactics to try and get me to pay more?

The Law is clear on this, whoever you send the CCA request to must action it or forward it to the original creditor to get the details, they can't just return the money and refuse the request.

fermi wrote: »

If a DCA has bought the debt, then they are legally the creditor by law and must provide the CCA.

If they are just acting for the OC then the law says the must forward the request and payment on to the OC.

Either way, refusing the request and saying that you must contact the OC is bullsh*t. Plain and simple. Just tactics to try and avoid there responsibilities.

---

A DCA collecting a debt on behalf of a creditor is an "agent".

175. Duty of persons deemed to be agents.

175. Duty of persons deemed to be agents.
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

If the DCA claims to have been assigned the debt then.......

189. Definitions.
“creditor ” means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

14 days from the day they got your letter you can legally send the reminder - http://forums.moneysavingexpert.com/showpost.html?p=30356001&postcount=9

jim2007

Many thanks for all your help.
This is an amazing site full of fantastic advice.

CCA's sent recorded delivery this afternoon to Egg and Barclayard (Mercers). Another offer of payment also sent to Egg of 1% of the oustanding sum. Also the telephone harrassment letter sent to Mercers. I feel I have had a productive afternoon!!!!:j:T

thechippy

Good luck jim,

Update the thread when you have some more news..;)

jim2007

Please can anyone help with the problems I am continuing to have with EGG/Capital Credit Agencies/ResolveCall.

Still the threatening letters come in saying Final Notice, I have not contacted them etc.....from Capital Credit Agencies (EGG).
Today I receive a letter from ResolveCall saying as I have not made any contact unless I do immediately they will send a doorstep collector.

I have sent a CCA to Egg after Capital Credit Agencies sent me the request back.
I have sent the "only communicate in writing" letter to Egg and Capital Credit Agencies.
I have sent the letter "warning that I do not want to receive a doorstep visit" to both.
I have sent income and expenditure forms twice.
I have sent my son's hospital report which details why we now have a loss of income.
I have sent letters from others that have accepted my offer of payment.
I have been sending them £100 a month as a goodwill gesture (this should now stop as the CCA as been requested I assume?)

Please HELP I am at my wits end, I made contact in December and they have since added over £800 in charges and interest.

My life is so stressful having an autistic son, and I am feeling so depressed by this constant ignorance from them.

Any help as to how to deal with this bunch of idiots would be much appreciated.

I was looking forward to a good Easter as well :-(((

RAS

Hi

if they send a debt collector, that person has NO legal status and no legal rights.

Given the very short timescale since you wrote, their systems may not have been updated. have you checked that the letters have been signed for?

Do not stop paying the £100 at this stage. They still have time to send the CCA and comply legally.

Do you have a default letter from Egg?

jim2007

All letters have been received and signed for, although I have not received one reply to anything I have said.
This is dragging me down the fact that no-one seems to listen, they just want to issue more and more threats, even though I am sending a regular payment, of more than they deserve.:mad:
I understand that a doorstep collector has no legal rights, however this does not stop the fear of them turning up with my children on Easter hols being a daunting experience.
They do not seem to want to help at all.:mad:

jim2007

By the way I have not received a default letter as yet from Egg as yet.