Canada Square Operations are citing the Financial Conduct Authority's regulatory review in light of the Supreme Court’s decision in Plevin as a justification for being unable to consider my claim for mis-sold PPI on an Egg credit card until such time as the FCA publishes its guidance. Let me be clear, it's not that Canada Square Operations have rejected my claim but have said they will revisit it in light of any additional rules / guidance deemed necessary by the FCA. Rather, they have said they won't even consider it until the FCA publishes its conclusions. Now, it seems to me this is a nonsense for the following reasons: [1] I've completed and returned a FOS questionnaire which makes clear the basis on which I think the PPI was mis-sold – essentially, I applied for the credit card online and was unable to proceed with my application if I unticked a pre-ticked box requesting PPI. This being the case, it seems clear to me that the PPI was mis-sold and whatever the FCA guidance might / might not turn out to be apropos Plevin and the role of undisclosed commissions is irrelevant. [2] Notwithstanding [1], I applied for this credit card in October 1999, ie long before Section 140A of the Consumer Credit Act 1974 kicked in, and the account was settled in full long before April 2008 when the legislation began to apply regardless of when an agreement was entered into. In these circumstances, it seems to me nonsensical for Canada Square Operations to refuse to consider my claim and instead invite me to go straight to the FOS, whereby they would, I believe, incur a fee in excess of £500 to investigate a complaint which I am confident would be upheld. Aside from the annoyance / inconvenience it would cause me [waiting for the Ombudsman's ruling], I can't see what possible motivation Canada Square Operations could have for taking this course of action. With this in mind, I'm minded to write back making the very same points I've made above but, before doing so, would welcome the thoughts and opinions of my fellow CAGgers. Thanks in anticipation Fred_Funk

Hi Would like some advice about 2 loans that I took out in 2005 with egg to consolidate credit cards, car purchase etc after getting a mortgage in 2004. Both loans were for just under £25k each and it was more or less implied that if I took out PPI that the loans would be easier to be accepted for and that I would be able to claim if I was not able to work for any reason even though I was self employed. Roll onto end of 2008 where my ex wife and I started having relationship problems and I started struggling to make the repayments but feeling that I had a duty to repay I struggled on trying to keep the repayments up to date even when I could not carry on working at the end of 2009 when I became a single parent. By March/April 2010 I could not make the payments so the loans went into default officially. I spent the next 6 years struggling to bring up my kids as a single parent and have been chased to repay the loans via lots of different debt collection companies but was never in the position to pay anything So now in 2016 the loans have both been removed from my credit report (such a relief as can start rebuilding my credit worthiness). I did receive a questionnaire for both loans from Canada Square Operations in 2013 about my PPI but because of my financial situation I just filed them as I was worried that it was a ploy to get me to pay money to them that I could not afford. It does state in the covering letter that they that the loans where now being administered by Britannica Recoveries but does not say the debt had been sold to them. It also lists the reasons that they think I would be entitled to a refund for and they are for it being implied that by taking PPI I would get the loans and that when self employed I could only claim if I could not work at all. My question is would it be worthwhile sending in the questionnaire now to apply for a refund. Many thanks in advance Allister

Hi I'm currently on a DMP and paying off my Egg card through Cabot financial. Can I still put in a PPI claim and if so then who do I contact??

Hi, I sent out a CCA request to DLC, who were collecting for an old Egg debt; I have been paying £1 token payments to them every since the account defaulted over 6 years ago, and due to having moved house a couple of times since, have completely lost track of what has happened with this as the standing orders were set up to come out automatically. Last week I received a response to my request from DLC stating "we returned the account to Egg in July 2010, who have since ceased to trade. We assume that your account has been acquired by a third party company and we suggest you contact them". I have no idea who to contact about this now! Any advise as to what I should do next? If Egg have ceased to trade, then where has my £1 a month been going?!! Many thanks AM

I have received a claim form from Restons / Arrow global dated 10th December. Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. The are claiming just short of £4000 for an old loan debt The loan started in 2005 and should have completed in 2010. I was in a serious amount of difficulty in 2009. I used the advice from another forum (cant recall which sorry) to send a number of template CCA request letters and the account has been in dispute without payments since June 2009. I believe that I should send a CPR31.14. Also, I should acknowledge the claim online within 14 days and send a defence within 28 days. It will be difficult for me to find the money quickly and hopefully the court date is later in the year to give me more time so I am very stressed right now.

Hi First post here. I have an old debt with Egg from around 2000 for roughly £2900. I was on a CAB plan paying £1 token payment for a while at the time but stopped paying , I never heard anything for years and now Capquest own the debt . I think I might remember paying them £10 a month 3-4 years ago for a while but due to financial hardship stopped paying. Though I cant be certain on this as I cant seem to find any details at the moment. They have recently sent me letters again and have refered it to Drydens Fairfax who have given me to the 30th Nov to offer a payment proposal otherwise court action. Which means I`ll have to send them a ltter either today or tomorrow .What should I do , offer £5 a month or something or play hardball. I don't really want a CCJ as I already have one from Drydens at £10 a month for another card debt. I wish I had know of the Statute Barred act before I may(possibly) have paid Capquest 3-4 years ago as it was probably unenforceable back then. thanks Tired and Weary

Hi Everyone, I had a debt management plan about 10 years ago, which is long since pretty much paid off / written off etc aside from two things which I would like to ask advice on. Firstly, I pay Collect Direct £45.00 a month on a standing order. I no longer have any idea what it is for but believe it may have been for an Egg credit card I have received no correspondence whatsoever from Collect Direct for about 8 years and I have no idea how to contact them or find out how much I may still owe. Nor do I really want to open that can of worms really as life has moved on. I would ideally like to stop paying them because I feel I could continue paying £45.00 forever and I don't know how much I really may owe. Is it advisable to stop paying them or just continue? If I stop paying them, what might the implications be? Secondly, I also have a CCJ from Tesco finance. This was a CCJ given in 2005 and no longer shows on my credit file. I pay £57.00 a month and at that rate it will take me longer than my entire working life to pay back what the debt was. Again my question is, what would the implications be of failing to pay a CCJ or should I just carry on. I could never afford to pay off the full amount. Is there anything else that I could do to try and get rid of this noose? Many thanks in advance for any advice.

Sent a claim for PPI on EGG credit card : had paperwork as I had sent a SAR request. Statute barred debt £6k. Reasons given are several and it's their final response. Application was March 2002. They say the CRP policy box was not pre-ticked (online application) They say I was fully informed and it was my decision to take it and it was up to me to decide if suitable for my needs? and that the policy document would have been supplied to me which would have explained everything many thanks the letter was dated 14th September : received 17th September Is it worth sending to FOS.

Partner’s Egg card taken out probably about 2000, defaulted in 2006 (default notice received) and paying DCA £1 per month since 2007 into their bank account with a reference number, every month, without fail. Initially got letters confirming payment but these stopped coming in 2008. In 2011 got two standard letters from from Barclaycard that they had taken over the Egg Card, and their terms and conditions. Then nothing further from Barclaycard. Now you are probably wondering why are they still paying the £1 per month if no-one has been contacting them. They are actually too frightened to stop incase that sets off some sort of alert and starts the debt being chased again by somebody. So this week there are two phone calls from the DCA, only identified themselves by first name, company initials and asking for Partner to call back. On the second time I politely asked them to write if it was important. So this is how it stands now, waiting to see if a letter comes, and what it might say. But just wondering how this might pan out. My gut feeling is that they possibly have not had responsibility for collecting the debt since the letters stopped. I only recently found out people should receive a statement at least annually which hasn’t been happening. (perhaps they will write to ask the payments to stop ) Have never asked for a CCA, or done a SAR on this account. Again, not wanting to stir things while it is all quiet. Not sure what to do. Any helpful observations / suggestions? Thank you

Name of the Claimant ? MARLIN CAPITAL EUROPE LTD Date of issue – 27 MAY 2015 What is the claim for – By an agreement between Egg Banking plc (EGG) & the defendant on or around 29/10/2005 (the agreement ) EGG agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due & the agreement was terminated. The agreement was assigned to the claimant on 31/01/2013. THE CLAIMANT THEREFORE CLAIMS 1. 4000 2. interest pursuant to section 69 of the county court act 1984, namely 1400 & continuing until judgment or sooner payment at the rate of 0.93 What is the value of the claim? £6200(including court/solicitors fees) Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card When did you enter into the original agreement before or after 2007? 29/10/2005 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Don't know, was aware of Barleys taking over Did you receive a Default Notice from the original creditor? Dont remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Loss of job and family problems What was the date of your last payment? not sure sometime 2009 Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no I've received county court claim form. I've put as much information which i can find or know at the moment. Do i have any chance of defending this claim? I already have a ccj fron Cabot this year

Hi all. Need some advice, please DH had an Egg credit card and we defaulted during a rather dark period of our lives. The account was passed on to Bryan Carter who took him to court in Jan 2011. We didn't contest it or turn up to the court date (which wasn't in our local court, but some 200 miles away) and a Charging Order was placed on our property. We're currently trying to sort our financial affairs out as we want to move next year. The "amount owing under judgement or order given on 18 June 2010 by the court, together with any interest becoming due and £268 the costs of the application" Surely, as the amount is under £5k, interest would not be payable? Is this just standard wording, or have the court given them carte blanche to charge us for that too? We have been paying £30 a month to Bryan Carter since 2011 but have never received any statements of account and we now want rid of this, so that we can start to repair our credit rating and get the charging order removed. Is it possible to attempt to fight this retrospectively? We have never asked for CCA's to prove liability or that the agreement was worded correctly; or for any statements of account on the original debt (and we know how bad these companies are for just plucking figures out of thin air! We're sure that the original debt was not this much) Is this worth doing now, or a bit pointless as it has already been through court? Alternatively, how open do you think they would be to accepting a full and final settlement for less than the amount outstanding? Many thanks for any help you can provide.

Hi all. I'm not sure if I'm posting this in the right place, so please move the thread if not okay. Around 2006 after losing my job, I had difficulty meeting the payments on my Egg card. I paid them monthly out of my savings but when they ran out I could no longer pay. After defaulting on the account it was passed to a debt collector who settled for payments of £5 a month. They used to hassle me and ring constantly and also tried to demand more money each month. These were taken over by Apex Credit Management who seemed to do everything by the book. They send me regular statements, check my financial position every six months and make sure I can afford the payments, which are now £30. This debt is no longer on my Credit file, so is not affecting my status. What I need to know is: if I stop paying this each month, what will happen? I have received some great advice on here regarding other debts, so don't really want to continue to pay Apex if there is something I have missed. What should I have done when the debt was passed over? Thank you

It depends if you are a fan of Apple or not whether you find this funny. Personally I find it hilarious: Independent

Hi, I have received various letters over the last couple of years, very sparingly, regarding a barclaycard debt. I started by calling them and telling them I've never had one, they would go away, months would pass then the letters would start again, this was with Marlin Capital Europe. On one of the calls I said this was quite simple to resolve, prove it, send me the agreement that I signed, knowing that they couldn't, thought this would end it. They sent me an A4 sheet of paper with one line of text and a Dollar figure right at the top of the paper and nothing else on the paper not even there name and address, this was years ago. I phoned them and said you have got to be joking. I got no where with the person I was talking to, so just hung up. Eventually I just ignored them. Years passed. Then I got letters from another company Mortimer Clarke Solicitors last year, I contacted them, they said it was an online setup and gave me the email address. I stopped using that email address years ago as it kept getting hacked and sending emails out to all my contacts. Same thing happend, I'd talk to them, then nothing for ages then it all starts again as though we have never spoken. I then decided to use the templates on here to request the CCA to prove it. Thought that sounded quite simple. Sent off my letter using the template on here, sent in my £1 postal order. Heard nothing from them and that was a few months ago, now out of the blue this County Court Claim form has turned up stating Egg Banking as the original company not Barclaycard. The amount they always said I owed was £8,268.30, the CC Claim form is for £12,18.28 plus £410 Court Fee plus £100 Solicitors costs, totalling £12,696.28. The form also says the original agreement between me and Egg was on or around 31/10/2007 which sounds a bit strange, don't they know! My original letter requesting the CCA was 10th September 2014. Once again nothing happens for months then they start, but this time it has got serious. I thought that when you send that CCA letter the claim was in dispute and therefore no legal proceedings could be brought until it was resolved. Obviously I was wrong. Can anyone help me, I don't know what to do next, I have this County Court form and it says 14 days to respond. Thank you.

I am trying to sort out my Daughters debts after she had a nervous breakdown, this in some instances has been relatively painless, with companies responding to CCA requests promptly and I have set up payment plans. However Egg et el have been a different matter each and every time I have asked for details they have simply moved it on to different DCA's or solicitors despite ARC not supplying the information requested in 2011, but cashing the CCA PO the alleged debt has been moved on and in 2013 Britannica issued a summons through The Bulk centre in Northampton, I submitted a defence and have heard nothing more. However on the 24 Dec we received a letter from the court detailing the substitution of Arrow Global in the proceedings. I don't understand why they are doing this, as I considered the proceeding to be over following my submission of a defence, clearly I should have made an application to strike out(is that the right phrase) the summons after not hearing anything back. Reading on here the antics of Arrow has me quite concerned that they are up to something. I really need the details of this account as I am sure that there is PPI and various charges added to make up the claim of £22,355. The original loan, my daughter claims was for £22k commenced in 2006 and was paid normally for 2 years before she went off the rails, she then attempted to make piecemeal payments for probably another year after this, so nothing has been paid since late 2009. I have been trying to resolve this since 2010 and just being blocked at every turn. So is the substitution anything to worry about, should I ask for this to be set aside, if so on what grounds can I use? Any advice appreciated, many thanks.

Hi I know it's Christmas but really hope someone can help me out urgently, I've had a claim through from cabot financial with 'right hassle' acting on their behalf for a very old Egg account. I submitted the AOS now need to put together a defence in the next 2-3 days and submit by thursday next week (i think that's the deadline having used the 33 day from service calc). Claim details/points Claimant - CABOT FINANCIAL (UK) LIMITED Address for docs & payments - WRIGHT HASSALL LLP Date of issue – 24/11/14 POC - POC ATTACHED but I can type this out if need be. [ATTACH=CONFIG]54992[/ATTACH] - Not sure if important but POC seems to include a mistake or two: using # symbols instead of £, also they quote a #19,***.** balance for the debt (far in excess of the c14K at close of account!?) and then go on to ask for interest of exactly the same total: "The Claimant therefore claims the sum of #19,***.** interest under s89 County Courts Act 1984 and costs." surely this is wrong and a basis to defend/strike out? Claim Value - ALMOST £20,000 Original Creditor - EGG (Card Account closed 2006) Type of Account - CREDIT CARD ACCOUNT Agreement entered pre-2007? - Yes 2004 Account assigned by Debt Purchaser? - Yes, by CABOT (bought from Egg 2009) Notice of Assignment? NOT SURE if I have a properly worded NOA: - had a letter from EGG (OC) late 2009 stating "We hereby give notice of the transfer of the debt due to us by you.. ..On XXX 2009 your account was sold to Cabot Financial.. .Any further communications and payments must therefore be addressed to Cabot...etc." -had a "Welcome to Cabot" letter stating similar (is that acceptable as an NOA) Default Notice from the original creditor? - YES 2006 but not sure if correct Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - YES BUT NOT EVERY YEAR (not in 2011 & 2012) Why did you cease payments? - BUSINESS IN TROUBLE SO SEVERE FINANCIAL DIFFICULTIES What was the date of your last payment? - to the OC May/June 2006 (can check exact date if needed) - to the DCA not sure either late 2008 or very early 2009 Was there a dispute with the original creditor that remains unresolved? Possibly - PPI charged when not asked for, this was refunded (2004) but can I use this? - CCA request to ARC in early 2009 recorded post, responded with a copy of a signed Egg Agreement but not the entire terms, very brief 2 pages - pretty sure I wrote back "account in dispute" as requested docs not supplied but what if I can't find letter/postal proof? Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? YES, I wrote to them saying that I had severe financial issues asking for account to be put on hold, that I had been in touch with National Debtline (gave them the ref number) and had been making recent smaller payments, They wrote back saying no can do. PPI - as mentioned above never requested/applied for but charged at the start of the account, I lodged a complaint and was refunded the 2 charges. Interest - The interest has been accruing since the account moved on and has grown from c£14k to almost £20k, surely this is wrong when there are no details as to how they have come by an interest rate, what terms do they rely on etc? Can anyone help me out with some advice please, am I on the right track with some of my thoughts above? Most urgently I'm not sure if i should send any further CCA requests to Cabot or WH or even Egg? Too late for a CPR31.14? If i can get the letters into the post tomorrow morning they will reach the DCA/OC by Monday morning recorded delivery which gives almost a week - but I need to send them by 12pm tomorrow so if anyone is out there please advise. Many thanks. GF2k

Please help have till Monday to file defence for egg debt have sent cpr31.14 and have attached reply

Morning Sorry for the "hand holding" request - I'm new to all this. I'm 10 months in to a DMP, largest creditor being Barclaycard (this was an Egg card taken out in approx. 2001/2002). Agreed payment plan would mean debt is repaid in 6 yrs if no interest charged. Despite several requests Bcard will not freeze interest, or default me, but show AP on Credit File. I'm paying too much each month as a percentage of the debt for them to do this apparently. Under the terms of my DMP, I can't drop the payment to them as total monthly debt repayment has to be distributed fairly between 3 other creditors. I was thinking I would send bcard a CCA request but not sure what this would mean if they don't have one - would this give me more leverage with them to demand interest is frozen? Or, if they do have one, would they then get more forceful and demand more / CCJ me? Any thoughts would be really welcome. Thanks

Hi there, I was hoping for some advice regarding best next steps in my defence against Arrow Global Limited Egg loans. I sent out the CPR31.14 and CCA letters. They have responded with a copy of the signed agreement but only two years worth of the account statements and no copy of any default notice. I have a copy of their letter if you'd like to see that? Any help would greatly appreciated as I have very little time to submit my defines. Thanks, Will

Hello everyone I phoned Barclaycard re an old egg card I had with PPI. They had me complete a questionnaire. I since have received a letter saying they have no evidence of the policy being mis-sold. Can anyone help me answer this letter. below is the answers I gave to some of the questions If you were employed at the time you took out the insurance - would you have received any pay from your employer, if you were off work due to an accident or sickness, or if you were made redundant? Pay Receive : Yes For how many months would you have received this pay? 6 months or more, but less than 12 months Please give details I was with xxxxx for 15 Years. I'm not sure when the card was taken out. xxxx used to pay full pay for 6 months then half pay Why you decided to take out this insurance ? I took this ppi out when I filled in the online application form. I believe it came with the card. About Your Complaint As I was in full time employment and would have got sick pay if I was long term sick. I don't think I needed to have this insurance I have just received from Barclaycard saying they have not evidence I was missold PPI Following my investigation I have identified that your application was submitted online. This means that at this point of applying for PPI we did not give you any advice. You made your own decision as to whether you required the policy and could have benefited from this. This policy started on 18 January 2001 and ended on 10 December 2007. I have established that you were eligible for the policy at the time of this sale because you were: • Over 18 and under 65 on the date the policy was purchased. You gave your date of birth as 21/4/54 • A UK resident on the date the policy was purchased. You gave your address as (my address then given) • In employment working at xxxx They then say that if I am not satisfied I can contact them again ……. Hope someone can help or tell me if I should give up Thanks Chris

hello all i am need of some assistance, i recently had a ccj claim filed against me from mortimer clarke on behalf of marlin capital. I defended the claim on the basis of statute barred, i received a letter today from mortimer clarke saying that according to marlin the debt was not SB as i had made a my last payment in nov 09 my question is what do i do next? could this be a scare tactic from them? do i ask to see proof?

Hi, newbie so sorry if I have made any mistakes. If anyone could help me I would forever be in your debt. Very worried Name of the Claimant ? Marlin Capital Europe LTD Marlin House 16-22 Grafton Road Worthing West Sussex BN11 1QP Date of issue 25th September 2014 Submit defence by 27th October 2014 What is the claim for By an agreement between Egg Banking plc ("EGG") & the Defendant on or around 01/10/2002 ("the Argeement") EGG agreed to issue the Defendant with a credit card upon the terms & conditions set out therein. In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant on 06/01/2013 THE CLAIMENT THEREFORE CLAIMS: 1.3900.00 2.Interest pursuant to section 69 of the County Courts Act 1984, namely 1400.00 & continuing until Judgment or sooner payment at the rate of 0.84 What is the value of the claim? £5,800 Is the claim for a current or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before, 2002 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. The account was assigned Were you aware the account had been assigned – did you receive a Notice of Assignment? I have received letters yes Did you receive a Default Notice from the original creditor? Not that I can find Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that im aware of Why did you cease payments:- Financial difficulties Was there a dispute with the original creditor that remains unresolved? Not that im aware of Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Yes I told them I was having problems but failed to stick to a payment plan Last Payment was July 2009

Hey. Was hoping a fresh pair of eyes could take a look at two letters from Egg. I received PPI compensation to the tune of £1214.24 thought on a follow up letter it says total rebate amount £2852.82. I think I am confused because of the way they have calculated what I am owed and due to the fact the loan was 'topped' up on a number of occasions over the years I had it. I basically just want to make sure they have calculated and paid the correct amount so would be very grateful if someone could look over the paperwork below!

Hello everyone, After splitting with my ex partner in 2008 I defaulted on my then Egg c/c. Since then I haven't made a payment or made contact. Egg was taken over by Barclaycard and they started chasing me via letters for payment. Recently MKDP have started sending letters demanding payment. They have threatened to send round a debt collection guy to collect payment, and gave me 14 days to settle. When this happened I found this forum and sent them a letter requesting the original credit agreement, as suggested on here. Today they replied saying they are unable to resolve my query ATM. They are conducting a review which may include liaising with my original creditor. What would be the correct next step please? Thank you in advance. Russ

Hi everyone, as suggested I am posting each of my debts separately so I sent a CCA letter to Allied International Credit regarding my Egg credit card (now Barclaycard), I should have received an answer by 22nd July '14 but have today received a letter on Barclaycard headed paper saying they have enclosed a "reconstituted copy of your agreement". it is saying that they are "currently unable to provide a copy of the terms of your credit agreement" and go on to say "they are therefore prevented from enforcing our agreement with you". However they also say "we can and will continue to take any action short of enforcement, which includes reporting to credit reference agencies without telling them that the agreement is currently unenforceable, demanding payment from you". They refer me to a case of Philip McGuffick v The Royal Bank of Scotland (2009) EWHC 2386 in which it was held that none of these steps constituted "enforcement" for this purpose. What do I do now, is there another letter that I should send in response? What they have sent me is just a printed copy of a credit agreement which anyone could print off, no signatures. I would be grateful of any advice on this guys, I have other debts that I have sent CCA's to, should I have sent a different letter asking for original signed copies?