Johnny vs Egg (Lovells)

[johnny131070]

Hi, i received a letter from EGG last year saying that they were taking no futher action on a credit card debt of around 8k. I had gone through the full CCA request procedure and they finally gave in after several months. I have recently received a letter from LOWELLS saying that they are now chasing the payment and if i do not come up with a proposal within 7 days that a collector will visit my house. What do i do next? Do i send the CCA request to them? Any advice will be greatly appreciated.

Edited December 16, 2008 by johnny131070

[42man]

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[johnny131070]

Thank you very much 42man, a fantastic response which will be winging its way to Lowells 1st thing tomorrow.

[ScabHunter]

Indeed a much used and excellent response.

 

The other factor worth knowing is that Clownell's "Licensed Field Agents" are believed to be fictitious. We have endless threads on the CAG about this rabble, and I've yet to hear of one genuine doorstep visit from them.

 

Of course, if you should be the first one to be "honoured" in this way, you can just invite them to leave using a suitable expression of your choice. They have no rights whatsoever.

 

SH

[johnny131070]

They have stepped up with their chasing tactics. Somehow they have managed to get my office number and my mobile and i have received about 15 calls in a period of 2 days, i also received 3 letters saying that i have 7 days if not they will instruct solicitors to come for me! They sent me a load of old Egg statements but surprise surprise no agreement. Any advice on what i should do next?

[westendwendy]

Here's a useful letter:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

[johnny131070]

Do these people have no respect for the law. I have now received 3 further letters with the last one stating that they will instigate proceedings with a view to getting a charge on my house if i do not respond within 7 days. They have also carried on calling me 2/3 times a day. What can i do to stop this harrasment?

[cerberusalert]

Have you made a complaint to TS, OFT & the ICO yet?

[johnny131070]

Hi, i have not done this yet as i thought the letter posted earlier in this thread would suffice! Which letter would be best to send? Thank you in anticipation of any replies.

[cerberusalert]

There are no template letters that I'm aware of, probably because each individuals complaints can differ so much. But you can contact the OFT & the ICO online or by 'phone to explain your problem.

 

The Office of Fair Trading: Contact us

https://www.ico.gov.uk/Global/contact_us.aspx

[johnny131070]

I complained to the relevant bodies and it went quiet for a while but out of nowhere this morning they have sent a document to me that looks as it has been made up saying that it is an agreement that i signed. I have never seen this before in my life, i have in the past been sent a copy of the application form but never an agreement! This document looks forged but i am not sure how to respond to this, could anybody please point me in the right direction? Many thanks. Just to add that nobody has been able to locate this document for over 4 years so this looks highly suspicious, they have also offered a settlement of 3k against an alleged 7k debt. Would they stoop so low as to falsify documentation?

Edited March 7, 2009 by johnny131070

[johnny131070]

Bump..

[cerberusalert]

Can you scan it and post it up after removing identifying details?

[johnny131070]

Yes, here it is. Thanks for your help.

Egg1 sig.zip

[johnny131070]

Sorry but this might be a little clearer.

Egg2 (1).zip

[ODC]

It looks extremely dodgy to me. Totally unprofessional and new information appears to have been printed on top of old information and reference nymbers etc. Apart from anything else there is no signature on it.

[cerberusalert]

I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print do not sign

 

**amend to suit your circumstances.**

[ODC]

Why bother getting into any conversation with the Leeds Losers. You CCAed the original creditors EGG. They failed to comply with your CCA request thus putting the alleged debt into dispute. As such they should not have passed it on to the Leeds Losers. Make a formal complaint to Egg about passing on a disputed debt, complain to Clownells about continuing to harass you for a disputed debt. Report both their sorry asses to TS and the OFT as well as including a copy of the dodgy letter from Clownells. Also report both to your MP.

[johnny131070]

Thank you for your replies. I received a letter last year from Fredrickson (1st DCA) saying that they were taking no further action as they could not provide original CCA. Am i right in thinking that they cannot pass on to another DCA whilst account is in dispute. I have already complained to Trading Standards, so do i need to follow up on this?

[ODC]

Curiouser and curiouser. Egg the Original Creditor could not produce a CCA, Frederickson International could not produce one and now along come the Leeds Losers with what looks like an 11 yr old kid got carried away with Photoshop. I really think this needs investigated by the OFT. There is something stinking about this.

[johnny131070]

One question, is the agreement enforceable in this format as it is definitely my signature but as has been stated it has not got all the prescribed terms or credit limit etc?

[ODC]

One question, is the agreement enforceable in this format as it is definitely my signature but as has been stated it has not got all the prescribed terms or credit limit etc?

 

It seems to have been photocopied on top of a new sheet of EGG Notepaper

[sosumi]

Johnny you need to take your personal details off the document!

[johnny131070]

Sorry but not sure how to do this. When i click on edit post it does not give me an option to change attachment! I have deleted my address, will this not suffice?

[sosumi]

When I looked your name was still on the document. You should be able to delete the attachment from your post, re-edit it and repost it.