I was going to start proceedings to get the default removed, but the consensus is that the online agreement they sent me is actually enforcable. Everytime i get a letter about it, i just send them a reply stating im waiting for a copy of my agreement, then it eventually gets passed back to Egg. I cant remember how i applied for the loan, it may of been on line, it may of been on the phone, as it was transferring my Egg card balance to an Egg Loan. At the minute, im waiting for Egg to make the next move, if its enforcable, why arent they pushing me? I obviously dont want to go to Court, they provide that and i have no answer to it.

Well just to update, received a response from CapQuest today. Just states that they are no longer dealing with my account and everything has gone back to Egg. Maybe they dont have an agreement and the online one they sent me is something i never completed afterall?

Yes without a signed agreement the debt is uneforceable. I had a Managed Loan with HSBC, also done over the phone. I sent them a CCA, they supplied a freshly printed agreement, just missing my signature. I pressed on and when i threatened court, HSBC removed the default and wiped out the remaining balance. Took a while though, they will pass it to DCAs, just need to be strong in your convictions, especially if they dont have a signed agreement. Have you sent them a CCA? I would, just to see what they come back with. Your best bet is to start a new thread in the HSBC sub forum, plenty of people with Managed loan expierences.

The paperwork just says "Take notice that the hearing will take place" I think its just the hearing that i requested to have the stay removed. It came back with all the bumph that i sent off for the stay removal and they have allowed 30 mins as requested.

Received notice of hearing this morning, its all set for end of November. Should i expect to hear from either the court or Eversheds before this date?

Here we go again, ive tried again, must admit, im a bit thickie when it comes to reading legal stuff, never mind writing it Ive gleaned a few bits off other pocs ive seen, that i think apply to my case. Well here they are for scrutiny

When i received my wages for this month, my tax code has jumped from 548L to 608L, obviously this is good for me, but why would it of gone up? Nothing has changed with my job etc. Is it a one off, or should it now stay at this rate, would i be likely to receive a tax rebate in April, because as far as i know, my tax code is set from April to April? Thanks

Dropped the stay removal application in at the Court yesterday morning

anybody offer any thoughts? can take them to court now, just need to know best angle of attack.....

Right them, just one final check beforei like the envelope Enclosed N244 Form Draft Directions And a print out of this http://www.oft.gov.uk/shared_oft/reports/financial_products/oft842a.pdf So are we good to go? Edit All in triplicate

Very busy at work this week, not getting much time to ammend the pocs, i will do at some point before the end of the weekend, then have another check and if they are good, off to court they go

Well i guess i will leave it upto Egg for now, the solicitors havent been back in touch since i asked them for a copy of the agreement, they were going to rely on in court. Ive Cap One to have a go nad one last thing with MBNA, so i will leave it and see what if anything Egg come up with in the future. Thanks for the advice.

The email just shows to me and hopefully a judge that there should be a signed agreement somewhere. I think the third document they sent me, is something they knocked up, to get me to start paying, i think if it was legitimate, The DCA would of got a hold of it and persued the debt. Maybe i should just leave it for now and see what happens if anything.............

Thats what i dont understand, if thats the case, why did i get this email Also a DCA replied to me after several months saying Egg havent been able to supply the document. Also on Eggs secure site, there is an option to check any online agreements, i go on there and it says i have no on line agreements. Its not uncommon for creditors to manufacture documents is it? Ere dear just dont know which way to go with this.............. Steven, also if you dont mind, ive got some pocs for Cap One, its on Cap One forum, could do with an expert eye checking them over. Thanks

Received a reply from Cap One Woot woot Just saying they complied with my request last year, but to be sure they have included the same copies again Out of a page and a half letter, 2 lines mention the balance, but there is not one word asking for payment, wonder why Look forward to going to court bom chicker wow wow

Yep, ive posted them in the order i received them on page 2 of this thread, posts 27,28 and 29

Blue Sky, if you start your own thread and upload a scan of the document they sent you minus all personal info, a lot of people on here will be able to tell you if its enforcable or not.

Also if the online agreement they sent me is legit, surely it would of been rolled out everytime i asked each dca for my agreement and the last one would of started the court action against me? Seeing is ats been at least a year since my last payment to them

I dont say its an online agreement, the third document they sent looks like an online agreement. I believe i did it over the phone and I have an email from Egg asking me to send back the signed agreement so they can complete my application, also when i go onto Eggs secure site, its says i do not have any on lne agreements. So i think its something they are trying to pass off as my agreement, why else ask for my signed agreement back? The screenprints i have, are of their system, they could of filled them in while i was on the phone, i only have them from a previous complaint about PPI. It does say application method of internet, but then why do they need a my signed agreement to be sent back to complete the application? I was trying to show in the pocs, that if they counter claim to enforce the agreement, that they cant cos of the sections ive pointed out.

Not really It is for a loan, not a credit card, i changed my Egg CC to an Egg Loan, to get some headway into it. I have a screen print from Egg showing my online application, but they seem to have sent me an online agreement, i have evidence disagreeing with the fact that its an online agreement, so i don't know where that came, or even if they just made it up All i want is removal of the default notice, is court the only or best option? When i get a bit more time, ill have another go......

Update and POC's. Ive not had a reply as of yet to my LBA, which runs out on Wednesday. I will be filing at court Thursday or Friday, this is the best way to go? These are the POC's ive come up with for starters, would appreciate some idea of if they are ok, or how they could be improved? Any help as ive said would be very much apreciated Thanks

HSBC did something similar with me, i had an HSBC current account and a HSBC loan paid from the current account. I cancelled the DD for the loan as i was starting a DMP. First month they cancelled it, then of their own accord they reinstated the dd and took my now disused current account overdrawn.

Hey All My account will finally be settled, or be it partially settled at the end of the week However MBNA have defaulted me I currently have a complaint being looked at by an adjudicator within the FOS against MBNA. I have written to MBNA regarding the default, i have several issues with the Default, which are 1. The amount of the default is in dispute, i am reclaiming wrongful ppi charges through FOS. 2. MBNA were in default of my CCA request from June last year, they finally sent me an agreement May this year. 3. The default Notice i received is dated a month after they actually defaulted me.(Dont want to use this argument, they could just change the date?) 4. The default was made up of charges i reclaimed back, didnt include default removal though. Date of Default was March this year, i have contacted FOS trying to add it to my current complaint, but they say i have to give MBNA time to investigate it, saying that i havent had a reply to a letter i sent them beginning of August............ Im starting 2 other cases next week and getting a stay removed, on top of car tax, cant afford to take them to court, til next payday, so im just wondering, how i should go about getting this removed, what argument and what route would be best to get it removed? I'm thinking Fos, especially if they uphold my complaint? Or will it be court? Thanks

Hey All Cap One have defaulted me while is dispute of my cca request, its been going on a year, so the time has come to start court proceedings. I do have a thread in Cap One, but feel i need the help with the POC's, this is what ive come up with, but feel they need more, can anyone give me a few tips on how to improve them. Thanks Edit, its the same with Egg, so i will be using a lot of the same stuff, roughly same reasons, no agreement, defaulted me. Also reason for the £300 compo, got car tax and stay removal fee's amongst other things, so to keep costs of the 2 cases down, just claiming for £300

Right then, not heard anything from Capital One yet, so this is the first draft of my POC's to be filed with the Court at the end of this week