My debt

[itstheone]

Just bumping this so someone can answer you.

 

My mate had fredricksons threats, he never answered a single one, he was poking his head in the sand, they never did a thing, just passed it on to someone else.

 

The 10 days they say is just a threat, which seems to be working, don't panic. Hopefully one of the people who have been advising you will be along soon.

[citizenB]

As this is an EGG agreement, you might find the thread in the following link a good read.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html

 

HTH

[mortalwombat]

As this is an EGG agreement, you might find the thread in the following link a good read.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html

 

HTH

 

I Had alook and i sent the debt collectors a letter on the following lines.

 

 

 

Dear Sir/Madam

Account number - IN DISPUTE

I write with reference to the above account, which I now consider to be in dispute for the following reason.

1. Credit Agreement

You provided me with a copy of a “Credit Agreement regulated by the Consumer Credit Act 1974” for the above account as part of my Subject Access Request, which you responded to on 07/04/09.

This agreement is improperly executed under section 61(1) of the Consumer Credit Act 1974 and the associated regulations. According to the Consumer Credit (Agreements) Regulations 1983 (Schedule 1), this agreement should have been given the heading “Credit Card Agreement”. In fact it has been incorrectly headed “Credit Agreement”.

Additionally, no “Credit Limit” has been stated – this is a prescribed term set out in the Consumer Credit (Agreements) Regulations 1983, as required by section 61(1) of the Consumer Credit Act 1974.

As the agreement has been improperly executed, it is only enforceable by an order of the court, by virtue of section 65. However, since it does not explicitly state the term “credit limit” (rather, it mentions only an "Approved Limit”), as required by Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, the court would be prevented from granting such an order by virtue of section 127(3).

 

 

 

 

 

 

 

Im just hoping this was the right action to take

[mortalwombat]

http://i238.photobucket.com/albums/ff20/mortalwombat_2007/newcollectorjpg_p01.jpg

 

 

New debt collector has taken over alliance and leicester debt, ive got 4 days to pay 8 grand according to the letter ive just recieved. anyone adivse me on my next step please.

 

Cheers.

[citizenB]

What is the date on this letter, was it posted 1st or 2nd class post ?

 

Dear Sir/ Madam

 

Account in Dispute

 

I am in receipt of your letter dated (whenever) and mailed 2nd class post . [remove the part in red if it was posted 1st class]

 

I am surprised that Alliance & Leicester have instructed you to attempt to collect on an account that is in serious dispute with them.

 

I would point out they are in breach of OFT Guidelines as follows:

 

 

2.6

d. not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different parties.

e. not informing the debtor when their case has been passed on to a different debt collector.

 

2.7 Dealings with debtors are not to be deceitful and/or unfair.

 

2.8 Examples of unfair practices are as follows:

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

 

I therefore suggest you return this account to Alliance & Leicester for resolution of my dispute.

 

 

Yours faithfully

[mortalwombat]

Thanks for your help, letter was dated 26th june and sent 2nd class. i'll get a copy of the above draft sent 1st class recorded tomoz.

[mortalwombat]

This is the latest letter from egg via some other firm.

 

 

http://i238.photobucket.com/albums/ff20/mortalwombat_2007/recent.jpg

 

 

Am i right in sending this as a reply?

 

 

Dear Sir/ Madam

 

Account in Dispute

 

I am in receipt of your letter dated 04/11/09.

 

I am surprised that EGG have instructed you to attempt to collect on an account that is in serious dispute with them.

 

I would point out they are in breach of OFT Guidelines as follows:

2.6

d. not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different parties.

e. not informing the debtor when their case has been passed on to a different debt collector.

 

2.7 Dealings with debtors are not to be deceitful and/or unfair.

 

2.8 Examples of unfair practices are as follows:

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

I therefore suggest you return this account to EGG for resolution of my dispute.

 

Yours faithfully

Cheers.

Edited November 7, 2009 by citizenB
removed font formatting.

[citizenB]

Bryan Carter is a solicitor, a particularly nasty character by all accounts.

 

I am not sure the letter you sent to Equidebt will be sufficient for BC.

 

I would write and say something along the lines of the letter in the following link.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

 

HTH

[mortalwombat]

Bryan Carter is a solicitor, a particularly nasty character by all accounts.

 

I am not sure the letter you sent to Equidebt will be sufficient for BC.

 

I would write and say something along the lines of the letter in the following link.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

 

HTH

 

 

Is This better?

 

 

Dear Sirs

 

I refer to your letter of 04/11/2009, the content of which is noted. No debt to your client is acknowledged.

 

On 22/04/09 I made a formal request to your client pursuant to s.78(1) of the Consumer Credit Act 1974. They have failed to comply within the statutory time limit, or at all. It should not be necessary to have to remind solicitors that the provisions of s.78(6) now apply.

 

In the circumstances, Your threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection. Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches . Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

 

Yours faithfully

[citizenB]

Is This better?

 

 

Dear Sirs

[

I refer to your letter of 04/11/2009, the content of which is noted. No debt to your client is acknowledged.

 

On 22/04/09 I made a formal request to your client pursuant to s.78(1) of the Consumer Credit Act 1974. They have failed to comply within the statutory time limit, or at all. It should not be necessary to have to remind solicitors that the provisions of s.78(6) now apply.

 

In the circumstances, your threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection. Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches . Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

 

I would suggest you now return this account to the original creditor for resolution of my dispute.

 

 

Yours faithfully[/font]

 

Yep, looks fine, I have added a paragraph.:grin:

[mortalwombat]

Sweet ive printed that out and Will post off on monday recorded delivery.

 

Thanks for your help.

[citizenB]

You're very welcome:D

[mortalwombat]

http://i1081.photobucket.com/albums/j358/lufcwhites2010/img001.jpg

 

 

Can someone help with this please, latest letter i have recieved about my egg account, these ppl claim to of sent me 2 letters since august 2010, ive never had any letter, they say they tried contacting EGG and no record of my original account??

 

I had all my letters etc on annother hard drive safe (well i thought anyway) and its crashed and burned i have no records now, so im at a loss what to do now, all my paper documents i put on there and disposed of so im not sure which way to turn can anyone adivse me on something please?

 

 

 

Cheers.

[mortalwombat]

Anyone help before they send this to their collections dept? please?

 

 

 

BUMP!!

 

 

Thanks.

[mortalwombat]

Anyone help me please???????

[mortalwombat]

Bump!!

 

Please help as its going to their collections dept soon and i aint a clue what to do.

 

 

 

Ive been asking for a week or so now, no one can help??

[mortalwombat]

Hellloooooooooooo

 

 

 

Bump please.

[mortalwombat]

Anyone care to advise me on this matter please, ive asked numerous times , seems like im being ignored, i was told to bump if no one replies but it doesnt seem to be working, if it goes to their collections department they will demand the money and im getting a little worried now.

It is getting me down i dont need all this stress ive been very poorly last 3 years i just dont know what to do anymore.

 

 

Please Please Please help.

[42man]

Dear Sirs

 

I am in receipt of your letter dated XXXXX The account is in dispute due to (delete as appropriate) a failure to respond to my legal request for a copy of the agreement/PPI/excessive charges etc etc. The account has been in dispute since I last wrote to XXXXXXX on the (date)

 

I am sure I have no need to remind you of the OFT's guidelines which clearly state. -

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

I enclose a copy of my last letter of correspondence, which has gone unanswered, but was received by them on the (date)

I trust this makes my position perfectly clear.

Yours faithfully.

[citizenB]

http://i1081.photobucket.com/albums/j358/lufcwhites2010/img001.jpg

 

 

Can someone help with this please, latest letter i have recieved about my egg account, these ppl claim to of sent me 2 letters since august 2010, ive never had any letter, they say they tried contacting EGG and no record of my original account??

 

I had all my letters etc on annother hard drive safe (well i thought anyway) and its crashed and burned i have no records now, so im at a loss what to do now, all my paper documents i put on there and disposed of so im not sure which way to turn can anyone adivse me on something please?

 

 

 

Cheers.

 

They are saying that according to EGG there is no record of any dispute logged in their system. Sadly if you have lost all your letters then you too dont have any record. You should always keep a paper copy along with the recorded delivery slip attached to it. Should the unthinkable happen and you end up in court, you will need to prove that you sent the letters. The Post receipts also allow you to check if those letters have been received, thereby denying the creditor the opportunity to say they havent received them.

 

I imagine that as long as you still have the postal receipts that you could reproduce your letters from your thread !! Please tell me that you kept all the original letters from the Creditor/DCA/Solicitors who have written to you ?

 

I have to be honest, I dont quite understand your situation. I see you have 3 creditors, is this thread only concerned with EGG ?

 

I would suggest that you have a look back over your thread, reproduce the letters that you sent, especially if you have the postal receipts and then write back to Aktive Kapital advising that as far as you are concerned there has been a dispute with EGG since... whatever date.. and that it remains unresolved.

 

BTW, what exactly is the dispute ?

 

If it is in connection with an s78 request that hasnt been fulfilled then you need to advise AK as such.

 

Have you been in touch with one of the Debt Counselling charities such as National Debtline or CCCS ?

[citizenB]

lol, I see 42man beat me to it.

[mortalwombat]

The main concern is EGG but i have a loan from Alliance and leicester aswell in the earlier stages of the thread, but the one thats being chased is EGG i have no records at all i scanned all the letters and put them on hard drive and that failed and ive lost all records i didnt know to keep the reciepts i didnt think, EGG has basically passed on my balance i owed on a credit card from pillar to post and now its with AKTIVE KAPITAL and they say EGG have stated there is no dispute logged with themselves. im really frustrated and mad.

 

I was in touch with national debt line years back they advised me to write and then pay token payments which i was doing untill i stumbled upon this site, where u guys advised me on writing some letters and getting my credit agreement sent which i did have on hard drive till it went belly up.

 

 

I was under the understanding that the credit agreement i had which was the same as others in the the actual EGG thread it wasnt worth the paper it was written on, so have EGG purposely passed the buck to get out of the bad credit agreement i recieved??

[mortalwombat]

And another thing is, i cannot get any of my letters from this thread as i had to make a new photobucket account as someone hacked into me old 1 and posted all my debt details in aol chat rooms, looks like im knackered, unless someone can help, i cannot send that letter as it says i enclose a copy of last letter sent to blah blah.

 

Any ideas where i can go from here guys??

[mortalwombat]

Ok ive managed to find the credit agreement sent to me i presume by egg last year, is it worth offering AKTIV KAPITAL say 400 pounds instead of the 1690 i owe, or continue to fight the egg credit agreement?? i hope u guys can help i just seem to be going round and round and full of worry all the time, ive just had a letter from Aktiv kapital and its at their collections deptartment now, so i dunno where to turn.

 

Hope someone can advise me.

 

Cheers.

[mortalwombat]

Please anyone?