Egg cca - Moorcroft good news?

[seriously fed up]

Didnt have long to "wait and see" - well actually its more "wait and see" as a letter from Egg arrived today to say that they are sorry that I have had reason to complain - actually I dont think I did, I just said their paperwork was mince - and that they had passed the papers through to their complaints dept who would investigate and get back to me within 8 weeks.

So hopefully, they see the sense in my argument that their CCA is at least "doubtful" (I dont have any hopes that they will get back and say "you are quite right - we are very sorry" ) and look for an f&f agreement

More likely they will say "no its fine" and send it out to some other DCA.

But, lets "wait and see"

[texanbar]

Keep me posted!

x:)x

[Hopster]

I have now rerceived the letter from Trevor Munn stating that a County Court Claim is being prepared which includes costs and court fees. ontact should be made with ARC to stop this claim being issued. Any ideas ? The CCA is supposed to be being looked at by a claims management company but they have gone quiet (you may say no surprise there and I may have wasted my money). Any ideas fellow CAGs ?

[seriously fed up]

Is that the first or second letter from Trev? If only the first you will get another one about 10 days later saying that the claim documents are being processed.

I sent this in reply to Trevor and it got passed back through to ARC

Begins

Dear Sir/Madam

Acc/Ref

Client Ref

ACCOUNT IN DISPUTE

I refer to your letter, dated xxxxxxxx, advising me that you have been instructed by ARC (Credit Management) Ltd. to prepare a Claim against me in Northampton County Court for recovery of a disputed debt.

First of all, can I point out to you that my post code is xxxx and that is a xxxxxxx post code and that xxxxxx is in Scotland, so therefore, as I reside in Scotland, Northampton County Court lacks the jurisdiction to hear the case that you threaten.

Can I also point out, as I have repeatedly pointed out to your client, that Egg has provided them with a copy agreement which does not comply with s61(1) of the CCA 1974 and the associated regulations for the following reasons

·The Consumer Credit (Agreements) Regulations 1983 (Schedule 1) require that this agreement should have been given the heading “Credit Card Agreement”. In fact the agreement supplied to me by Egg has been headed “Egg Card Agreement for my name “.

·Additionally, no “Credit Limit” has been stated – which 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. In paragraph 3 of the document you have sent me, the phrase used there - “Approved Limit” - is not sufficient to advise me what the credit limit is or how it will be decided, and therefore a prescribed term is not correctly stated. On this point, please see Central Trust Plc V Spurway [2005] CCLR,where HHJ Overend states

24.” In my judgment, the passages of Lord Nicholls’ speech cited by Mr Say persuade me that:

(a)The amount of credit must mean credit in its technical sense, and

(b)That although the use of the word “credit” is not prescribed, there should not be any confusion in the mind of the lay reader as to what the amount of credit is”

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).

·Paragraph 22 of Schedule 1 Consumer Credit Agreement Regulations requires that the agreement details the default charges payable. The document that you have sent to me fails to provide this information, and is therefore deficient in terms of these regulations, making the agreement further improperly executed.

As the agreement has been improperly executed in each of the above three respects, 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 set out in my point 2), as required by Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, the court is explicitly prevented from granting such an order by virtue of section 127(3).

Therefore, I would indeed welcome the opportunity you offer to place this before the court. However, should you proceed with your threat to issue a court claim I will make an immediate application to have it set aside for the grounds outlined above – namely that your application

·Is outwith the jurisdiction of an English Court

·The agreement that you have sent to me is and improperly executed, and may not be enforced by the Court, even if it had jurisdiction (which it does not).

You can be quite certain that should you bring this action, that I shall refer the judge to

·Your utter abuse of legal process

·this letter when the matter of costs falls due.

I shall also explore the possibility of registering a complaint against Trevor Munn Solicitors with the Law Society for threatening to bring a case that has no chance of success, if for no other reason than the very simple one that there is a lack of legal jurisdiction.

If I do not to hear from you with in 14 days (i.e. by the 20th July) I will consider this matter closed and the debt wiped off. Moreover, after this period I will not respond to any further communications from you.

Yours Sincerely

Signed me

ENDS

 

THis got ARC going back to Egg to seek instructions, and Egg writing to tell me they were looking into my "complaint" (their description) and would get back to me within eight weeks (as of 18th July). So at least the immediate Court "threat" has been removed and we will need to see.

What did the trick? Could have been the Scottish bit (which may well not apply in your case) as Trevor couldnt act in such a case (they would need a tame Scottish solicitor - and they do exist), or it might have been the remainder of the argument. I dont know. But if you think it might help, you are welcome to amend as you see fit with my very best wishes.

SFU:-)

[Hopster]

The second letter. Well, what a letter that is. I will read it through a few times. Thank you very much. let's keep in touch.

[texanbar]

This was the letter I sent to ARC back in June, I must admit have not bothered responding to any of Trevor's!

 

Thank you for your letter dated xx May 2009, unfortunately Egg have provided you with a copy agreement which does not comply with s61(1) of the CCA 1974 and the associated regulations and is therefore only enforceable by an order of the court by virtue of s65. However, since it does not have a term concerning the credit limit (rather, it defines an "Approved Limit" - whatever that is) 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 s127(3).

 

I trust you will now be in a position to reduce the balance on this account to £0 and request EGG to remove any default that has registered with any credit reference agency as required by the Data Protection Act 1984 since it is obviously incorrect as no agreement existed between me and Egg. If you refuse, I will commence court proceedings against you under s14 of the Data Protection Act 1984.

I look forward to your favourable reply within the next fourteen days

 

x:)x

[seriously fed up]

Just a wee update to say that I got a letter from Egg today, which said "its been four weeks since your complaint (their word) and our inquiries are continuing" and they will contact me again as soon as they are in a position to do so. Wee bit of an anti-climax that. But if "we cant resolve your complaint to your satisfaction within eight weeks" they will contact me again and explain why. Then they thank me for my patience.

Speechless

Anyone else had that one - or indeed anything else?

[texanbar]

Ooh,

 

not not had that one... although did receive a 'Lets Keep In Touch' letter. Had to giggle at that one

 

x:)x

[ajs444]

Subbing

[Hopster]

Keep me posted please - a little way behind you. Thx

[texanbar]

Hey Hopster,

 

Will do....

x:)x

 

 

Keep me posted please - a little way behind you. Thx

[Ron 2015]

Hi

 

I have my own thread Egg Credit card 'Let the battle commence' and I have just been served a claim to be heard in Northampton. Its for around 6k. The agreement is from 1999 and looks like everyone else's. The law firm Drydens has filed the case on Eggs behalf.

 

I lost my nerve and called EEG and DRydens to resume payments and both refused.

 

So I guess i have to fight.

 

I am not sure of the procedure and dont know what to do.

 

Help!

[texanbar]

Oh dear,

 

Today I received another letter from ARC, they have clearly ignored my letter of 5th June 2009 so will now send them the bemused letter.

 

The tone from ARC has stepped up a gear. The letter states they have conducted a Land Registry Search on my address and understand I own the property. They are going to instruct Trevor Munn to issue a CCJ and/or and Charging Order.

 

However, at this late stage, I have one final opportunity to settle the matter, offering a substantial discount off the debt (doesn't say what the amount will be).

 

Really annoyed me today, and it has knocked my confidence a little. Anyway... onwards and upwards.

 

Has anybody had Trevor Munn taking you to court?

Will add this to my pile of letters to do at the weekend and send off Recorded on Monday.

 

x:)x

[Enron]

It's likely that its another DCA threat, they are fond of making them to scare people into paying them.

 

I've search the solicitors and they appear to be genuine, however if you are sure that your executed agreement is unenforceable then they could be barking up the wrong tree with this one.

 

Check if your home or motor insurance has legal protection included, as far as I am aware you could use that to mount a defence if the worst came to the worst. Its an option which I chose when taking out mine, and has caused a number of DCAs to back off when making threats.

 

Remember alot of DCAs will say and do anything to get money out of you, as proved by the recent dispatches program they are set targets and will do lots of improper stuff including lying, breaking regulations set by the OFT, threatening people with bankruptcy with no intention of doing it...... at the end of the day for them it all boils down to the bottom line.

 

This could also come in handy if you are being pestered and called too often, as its the guideance that governs unfair practices in the debt collection industry.

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

[texanbar]

Thank you Enron,

 

You have helped eased my apprehensions enormously.

 

I will send them a bemused letter first, including a paragraph around harrassment - will keep everyone posted.

 

Many thanks,

x:)x

[LB145]

subbing - have a 2002 CCA again same terms as here - sent letter to Egg re "terms of agreement" etc and had no response - just waiting - biting my nails to nothing, makes my hair stand on end!

[texanbar]

Hi LB145,

 

Well, not heard anything yet from ARC, not even a phone call, so will keeps you all posted. Be strong.... if I can be bothered to answer my mobile when they call, and always say... "hang on I'll see if she'll come to the phone..." and I just leave them hanging while I carry on doing what I'm doing!

 

They always hang up after 30 seconds or so.... it's quite funny really.

 

x:)x

[Hopster]

I have received the ARC letter referring to "Land Registry Searvh and understand that you own the proprty etc"

 

Can offer substantial discount etc. can we catch up as I have lost track of the thread that relates to this, ERgg, ARC Trevor Nunn etc

[Hopster]

Apologies for shocking spelling .........................

[texanbar]

Hey hopster,

 

still not heard anything back from Trevor Munn regarding my land registry letter.

 

Hold strong!

x:)x

[Hopster]

the letter states if we don't hear from you within 14 days of this letter to make an offer of settlement the matter will be passed for further action without further notice to you. The 14 days have expired. I have considered contacting them .................

[Hopster]

what exactly was 'your' land registry letter. was that from you to them ? My letters are now coming form ARC and referring to Trevor Munn. Trev's last letter to me was a few months ago.

[texanbar]

I'll try and scan up later, but it was from ARC, and yes they were referring to Trevor M in the letter. Nursing a poorly husband!

 

x:)x

[Hopster]

Have you stopped paying the Egg credit card account ? Either because you think it is an unenforceable agreement or because you just can't afford the payments ? I assume that you have. I am sure that there are more than us at the same stage. Please keep posted. have you been offeered a reduced amount to settle ? How much? What % ?

[gazab41]

hi everyone just thinking today why dont all of us with dodgey egg agrements and those with lost egg agrements take a class action against them and their debt collection monkeys