Egg loan of 22k under min repayment plan of £18 pm for 18 mths, now sold to Arrow - does this mean prob unenforceable CCA?

HI, Yes, when the original OC said it had been transferred to Moorcroft, she rang them and had bloody murder, much to no use as the call centre is in India, the guy she spoke to just kept repeating that the matter was no longer with them, and kept repeating the same lines from their script, that she must deal with Moorcroft. So thats had she ended up with Moorcroft - she does still get statements from the OC showing the payments being credited ... I had told her to join up to CAG and then she can ask for advice directly, save us ping ponging it - but I'm happy to help in anyway I can - As a side note, what happened to the golden days when we all just saved up for what ever we wanted, and bought cash .... when did we all start drowning in un-necessary debt .... with loads of things in cupboards, wardrobes and drawers that we bought on impluse and have never used, grown out of etc .. etc .... the credit industry certainly have a lot to answer in making it all so easy to bury yourself ...... TB

Good advice from all - shall give the 999 advice - hopefully he wont appear again if he knows that she has complained to MoorCroft directly - we'll see what transpires .... TB

Hi, I completely see where you are coming from .... but she wants to keep paying the amount agreed, as she believes it will stop them escalating to court .. whether that is true or not I don't know, but it makes her feel "safer" doing it this way. She did say to the MC guy, if they are insisting that the only way to sort this out would be to talk one-to-one with the door stepper - should she stop all future payments as its seems irrelevant to be paying them if they will remain unhappy regardless .... she said he quickly said "no, no don't do that .. keep paying what you are". So thats what we will do .... I have told her to have the phone number of her local police stn by the phone, and if this guy comes again, and she answers the door (which I have advised her against), to advise him to quickly vacate her property, as he has attended without her express invitation, and that if he argues, or fails to do this to advise that she is now calling the local Police to facilitate his forced removal, and have them charge him with trespass, and harrasement and intimitdation of a single female. She was silly to have messed up the SO, and she has now told me she did get 2 letters saying that home collections would be involved if she didn't pay the 1 month arrears (which is funny as its 2), by the middle of March. She said as she had reset up payments from April, she thought that would be the end of it as they could see that she was paying .... so she is a little to blame for the situation, but I do feel that MC have been over zealous in their behaviour and attitude. TB

We haven't thought of that ... and don't have any decent savings to offer anything like the amount they would want - guessing they would want at least 35% or so ... She has every intention of taking over the payments, and going back to full payments when she gets into full time work - and is currently waiting on a response following a job application. She is mortified that she has ended up in the situation she is in - but when she has told me that when she was earning, every other week her ccard facilities would be increased, pre-approved loans through the door from companies she had debt already with - she just got carried away (isn't hind sight a wonderful thing ... ) but was comfortably affording the reapayments until the recent banking implosion - and she found herself out of a job (along with a load of others in her dept). She wants to maintain her agreed amount, which is more that she really has to pay, but she is of the opinion that it gives the DCA a better impression of her and proves that she is really trying to get herself sorted, by paying much more than the £1 min that she could get away with in her circs. I have told her to make sure the os 2 payments are paid, and to make sure that no future monthly payments are missed - and to keep paying on the button - that way if they advise the OC to go to court then she can demonstrate to the Judge that she has tried to make the best of a v bad situation, and has actually been paying of her own choice, a monthly amount more than she can really afford - hopefully the Judge would see that MC or the OC were being completely unreasonable in bringing the case before him (should it ever get that far of course). TB

Hi, She has a house on mge - little to no equity - and she has other debts too ( I know ... I know .... living beyond means !!), none of her debts are secured, and she has payment arrangements with the others, which work ok (we pay them for her to be honest). Bankrupt is not an option, as her background is Fin Svcs any BO would really bugger her for future - as even working on a call centre for a bank needs a credit check on you and if you have any BO, or IVAs you are not of good character and won't be hired !!!! TB

Hi, Well she took a loan out with Egg - lost her job and couldn't maintain the payments. She contacted them, and to be fair they were very good. But then they passed the debt to Moors for them to administrate on their behalf. Moors wanted another I&E which she duly provided, and they agreed the same repayment she had been on with the OC. As I say, she made a balls of her SO, which has resulted in 2 mths being missed, although April paid as normal. So they have sent a Doorstepper for under £40. Thats where we are up to, the loan was taken post 2007 and was done on-line - so I would suspect (although I haven't seen it) that any CCA would be ok. She wants to keep paying them the orig amt agreed - but they seem to be thowing the baby out with the bath water, in that they want the whole amount, she needs to meet and speak to the guy - or court will ensue if she does none of the above !! I thought she handled them pretty well, raising the OFT doorstepping etc, but she is a bit worried that this guy will just turn up when she's on her own, and that he could be a bit "forceful". (we don't live near enough to get to her within minutes so I told her just to call the police and that should shift him) Just wondered if there is anything else she should have said, done, quoted .. TB

Hi all, My daughter has a payment arrangement with Mcroft for her orig creditor. Mcroft don't own the debt. she had a payment arrangement with the MCrorf for a while - but she knows from checking her bank that 2 payments, Feb and Mch didn't go out - as she had incorrectly set up her SO. April was paid by new so. (and the arrears are less than £40 ). She recd a postcard in envelope last week, from a doorstepper, and now another one, from the same guy (she is single and lives on her own - so she is a bit nervous of meeting a man demanding money - although of course I can be there with her if necessary). She spoke to me, further to which she phoned MCroft, to advise that if the guy attends again without an appointment, then he is trespassing and she shall involve the Police. MC stated that he will continue calling until she agrees a new repayment with them, as she has missed 2 payments and is in breach of her repayment agreement, also that the reality is they want the lot in one go (over 20k !!). She advised that she was paying what was agreed and she could afford, and that she was not working, so could not afford neither more or the 20k+ in one go. They just kept saying it was no longer with them, and had been passed to our home collections - so she needed to speak to them. She asked if Home Collections is a diff company, and if he wanted her to stop the payments to MC as it had been passed to someone else - they said not its the same company - which confused her even more !. They made threats of court action (which she reminded MC they can't make as they don't own the debt). She told them that she is paying what she can just about afford, and that the missed payments were an oversight on her SO. She also told them that having a collector attending was harrassment and attempted intimidation - especially a male attending a single female without notice or appointment. Cut a long story short - she left it that she would continue with her payments, pay the os arrears of less than £40, and reminded them that they had been advised that if the doorstepper arrives again he shall be forcibly removed by the Police, and sued for trespass. She told me MC just said "i will make a note of that". She told them that if they advise their client to take court proceedings, they judge will see she is paying more than she can afford (we help her out with £ each month), and that as she is not working and on benefits, they won't be awared anymore. (she did work in the financial services industry (life and pensions not loans !! ... and has found it difficult to get another job at her level, as every bloody bank and insurance co seems to be shedding jobs not creating them ...) We worry for her, which is one of the reasons I joined her to try and get advice for her, and others. So any feedback on whether she dealt with this correctly would be appreciated...!! Thanks guys TB

I seem to have seen many "arguements" and threads turned into nothing but a forum for individual bashing - ALL appear to involve one individual - which I find disturbing and more than just a conicidence. One question I have, is whilst we are all entitled to our opinions, interpretation, etc ... it appears to me that the way PB makes his comments, is that he deals with such matters on a personal basis and has legal experience of such matters in court (poss a Solicitor ?) - thereby making him of course more of an authority than the normal layman on here or Legal seagulls. Would I be correct in assuming this ? If so, maybe he's views do carry some weight after all, and should be considered in any legal action that is brought by either party, as he is speaking from experience. If not, then respect to all posters should be shown, its healthy to politely debate, but wholly destructive to try and venomously dismiss all other views that don't conceed to one persons. After all, this site was to help and give positive guidance to all who sought it ... I don't mean positive because the OP are told what they want to hear, but positive because they are given advice, and if its not what they expected, gently explained to them the basis of why the respondents train of thought and experience influencing their advice. But I must be honest, I am relatively new here, but in following certain threads for help and advice and then to see them desend into personal arguements, is disappointing. Especially when it always seems to involve one person in particular. Just my opinion .. of course... TB

Abby25 has posted on this on the general debt site - the case from what I have read from her except was lost on the approved v credit limit arguement - apparently egg are already quoting this in letters they are sending out (and there is no appeal planned), although the case itself hadsn't been published yet. If you go on to the general debt site its on there .... I have an Egg card myself so was hoping it would be heard in our favour ... but apparently not .. !! TB

ouch !

Anyone able to help ??

Hi .... DNs seem to be a hot topic on here at the moment .. so can I ask a question ? If the OC says they sent you a default notice, but you never recd it .. so can't check whether correct or not with regards to time for remedy etc .. etc... Where does that leave you? This is my OHs loan account frmo 2007 ... the CCA is seems ok, the account has been defaulted by A&L, and from paperwork dug out, there is reference in some of it to a "default already served".... but we haven't got a copy of it, and don''t remember every receiving one. I know from what I've read, that even doing a SAR won't produce much from the OC, just the date it was sent as I believe they don't keep copies of DNs issued ... so I've no chance of checking if it would have been compliant with the regs anyway. Any advice ??

Thanks for the gentle correction Dicky .... I've obviously previously been given duff info on this and gladly stand corrected ..... as I said I would be in my post ... Luckily my DNs have all been very defective and subsequently terminated .... so lucky old me I guess .... !!

I see what you mean ... But to be fair if a DN is defective then its defective full stop .... a lawfull DN has to (without exception) meet the terms and format as defined under the CCA74, if it doesn't than tough cookies to the claimant .... They can say what they want .. but they and you know that there's nothing to play for here ....(except the genuine arrears .. but don't tell them that will you ... !!) ... even if they have re-jigged their new DNs ... doesn't change the fact that yours is defective ....no matter how they may try and convince you otherwise.. TB