Egg - ARC who are the people Ive been paying ever since.

[Deb T]

I've read on here somewhere that some egg agreements are a little suspect?

 

I had an account with egg, I have a copy of the original credit agreement that is dated 2000 - I ran into difficulties 2004 and have been paying DCA that appear to have taken over collection for Egg.

 

After a recent peek at my smasked credit file it appears that the debt from Egg has since increased even though I have been paying the DCA for five years without a glitch or missed payment.

 

Is the Egg agreement enforceable? I certainly don't see an end to it if I've been paying the DCA for 5 years and the debt has actually increased. If I continue at the rate it is currently being paid back I will have doubled the debt in the next 20 years.

[Bazooka Boo]

Send whoever it is you have been paying DCA or whomever a CCA, which will give them 14 days to produce an enforceable credit agreement, if/when they don't you can then withhold any payment until such time they do.

 

Who's the DCA? That will give us a better steer as to whether it might be enforceable or not;)

 

Clearly someone has been adding charges or interest on the total amount, did you not ask them to freeze all interest on the account if you were to agree a fixed monthly sum?

 

Can you find out exactly what is debt and what is charges/interest.

[Deb T]

I don't ever remember agreeing a fee ever, my credit file is smashed and I will in the next few weeks be asking questions.

 

I simply wrote to them stating I couldn't pay them and offered a monthly amount, some accepted others didn't but I have never filled out any income and expenses form and egg passed me on to a company called ARC who are the people I've been paying ever since.

[Bazooka Boo]

I don't ever remember agreeing a fee ever, my credit file is smashed and I will in the next few weeks be asking questions. I simply wrote to them stating I couldn't pay them and offered a monthly amount, some accepted others didn't but I have never filled out any income and expenses form and egg passed me on to a company called ARC who are the people I've been paying ever since.

 

Ok CCA ARC ( whoever they are?? ) have you got their address or consumer credit licence number?

 

When you say 'some accepted, others didn't' this isn't just a debt with EGG then?

 

Any debt you may have can be dealt with in the same way, unless they are secured or mortgage debts.

[Deb T]

Their are other debts that I'm starting to attack due to them more than likely not having the cca and similar...

 

No debts are secured, all are credit card debt...no loans etc...

 

ARC can be found here (strange URL I know)

 

ARC (Europe)

[PGH7447]

if you have been paying for 5 years and the debt has increased I would be tempted to sar egg and get all statements to see what has been added

[Bazooka Boo]

As above, but who are your other debts with?

Have you successfully CCA'd them and have they provided you with enforceable CCA's?

 

As PGH7447 said, SAR them and see what they come back with, I personally cannot see how the debt has been increasing if you have been paying the agreed amount each month, it is clearly them trying to exploit a debtors lack of knowledge and trying to stick as much on top as they think they can get away with, report their sorry a55e5 to the OFT, lets start getting these clowns put out of business. I'd much rather deal with a competent professional company who knew consumer law.

 

If your happy fighting the others then no worries, you will no doubt ask any relevant questions at the relavent times if you need;)

[Deb T]

Yes, five years, no payments missed (much reduced amount of course and the debt is showing as default on my credit file....)

 

I have payment records for the entire period I have been paying them.

 

Also, now that I'm getting my teeth into these I can see this.

 

I pay egg via ARC

 

The problem with paying these is that I have to pay them via the

post office, each time I make a payment I have to pay £2.40 per

payment on top of what I'm paying them...

 

So to cut down on costs I pay ARC every two months , they send me a nasty letter every month I don't pay from a solicitors telling me that I'm going to be made bankrupt or put in court or whatever....I phone them, tell them the score and they say they have no way of marking it on the system that I will be paying them every two months so I will always get a letter...

 

So essentially I pay them bi-monthly so as to limit the £2.40 costs of paying at the post office... I make one payment that covers 2 months .

[PGH7447]

ridiculas, tell them that you will only pay by standing order (Iassume you have a bank account), failing that send a postal order

[Deb T]

No bank account and postal orders still cost money.

 

Other DCA's payment methods are free to make (or at least the others I'm paying are) but yes it's ridiculous that I have to pay £2.40 every time I pay them.

[Bazooka Boo]

No bank account and postal orders still cost money.

Other DCA's payment methods are free to make (or at least the others I'm paying are) but yes it's ridiculous that I have to pay £2.40 every time I pay them.

 

Is that a charge set by the post office, or is it a charge set by ARC:confused:

[Blondmusic]

They are taking the mick charging you extra for making payments. How much do they charge you for paying by Standing Order or a Postal Order?

 

OFT Guidlines,

 

2.9 Charges should not be levied unfairly.

 

2.10 Examples of unfair practices are as follows:

 

a. claiming collection costs from a debtor in the absence of express contractual or other legal provision

 

b. misleading debtors into believing they are legally liable to pay collection charges when this is not the case, for example, when there is no contractual provision

 

c. not giving an indication in credit agreements of the amount of any charges payable on default

 

d. applying unreasonable charges, for example, charges not based on actual and necessary costs

 

e. applying charges which are disproportionate to the main debt.

[babybear39]

Subscribing...

[Bazooka Boo]

They are taking the mick charging you extra for making payments. How much do they charge you for paying by Standing Order or a Postal Order?

OFT Guidlines,

2.9 Charges should not be levied unfairly.

2.10 Examples of unfair practices are as follows:

a. claiming collection costs from a debtor in the absence of express contractual or other legal provision

b. misleading debtors into believing they are legally liable to pay collection charges when this is not the case, for example, when there is no contractual provision

c. not giving an indication in credit agreements of the amount of any charges payable on default

d. applying unreasonable charges, for example, charges not based on actual and necessary costs

e. applying charges which are disproportionate to the main debt.

 

Which is exactly why I asked the question as to who is adding the charges, the PO or ARC.

 

Although I don't ever recall the PO of chraging you to make a pyment to a company?

But clearly if the charges are being added by ARC, then I would class that as going toward my total debt, and if they claim otherwise, well I would roll my sleeves up, dig my heels in and ask them for their best shot:grin:

[The GodMother]

Is that a charge set by the post office, or is it a charge set by ARC:confused:

 

Its a post office charge. Other companys charge that to like essex and suffolk water, anglian water, moorcroft, intrum justicia etc.

 

Also just so u know some companys even charge u for pay point payments like littlewood they cahrge 50p.

 

Also Deb T u can open a bank account where u pay money into it every pay day then a couple of days later payments can go out that is what OH and i have done.

Edited July 11, 2009 by The GodMother

[Bazooka Boo]

Its a post office charge. Other companys charge that to like essex and suffolk water, anglian water, moorcroft, intrum justicia etc.

 

Ahh! Didn't think a DCA would be that stupid:lol:

[The GodMother]

it is kinda the DCA or other company. U see its a contract term that they get charged by the PO so if they want they can pass the charge on in a way.

[veryweary]

Could be that by paying them every 2 months, their stupid system is automatically hitting you with late payment fee charges. We had a situation with HFC where we paid our £7 each month and unknown to us they were adding £15 each month in late fees for some reason.

 

Fortunately we sent off for a CCA and lo and behold they couldn't find one, so they've not been paid for nearly a year now:D. The Subject Access request should reveal where the added figures are coming from.

 

good luck:)

[Deb T]

Ok, I have found my egg agreement....and read the extended egg thread which I have to say is particularly confusing for me....

 

History of the account...

 

Egg Card agreement (the original green one is in my possession and contains my signature on the back...they require this back?)

 

It has the 'About you Egg card' section on it and points to the 'Approved Limit' which I believe is incorrect.

 

----

 

I wrote to Egg in 2003 stating I was unable to make the required payments, they off course refused to help...and would not drop the payments.... Contained in my letter to them was an offer to make a vastly reduced payment offer...and I have paid them this amount ever since which when combined with the other 6 debts I have (all credit card all of the same duration, all had the same letter) is more than likely why I am in a mess now. I can no longer maintain the £22 per month I pay these people..6x£22 per month when I am no in receipt of long term sickness benefit ...well it's difficult...I've tried to manage it but now I cannot...

 

In any case, I obtained my credit file....I have been paying the DCA ..ARC Europe for over 5 years ..

 

When checking my credit file I found this (dates and amounts have been altered so as not to make me recognisable to ARC if they're looking in...but the figures are proportional)

 

Name:

MRS JOHN DOE

Address:

123 ACACIA AVENUE , TEIGNMOUTH

Date of birth:

20the Century

Company name:

EGG BANKING PLC

Account type:

Credit card / Store card

Started:

14/07/2000

Default Balance:

£7,198

Current Balance:

£8,242

Defaulted On:

28/09/2004

File Updated for the Period to:

06/07/2009

 

 

 

So it appears I've paid nothing back in over five years but instead I owe them even more money.

 

Should I stop paying them?

[cerberusalert]

Egg Card agreement (the original green one is in my possession and contains my signature on the back...they require this back?)

 

They've asked for this back? They can swivel, that is your property & could prove extremely useful in the future..

 

Now you need to send a CCA request to them to see whether they in fact have an enforceable agreement; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

Send it recorded delivery, enclosing a £1 postal order & print your name do not sign it.

 

When you get it back, scan it remove identifying details and post it up so we can check it out & we'll advise from there.

[Deb T]

No sorry, they ask for it back on the original agreement, I keep the white and they keep the green...I still have the green...sorry for the confusion

[cerberusalert]

So they have the white copy or neither?

[Deb T]

I have no eye dear what / if they have the white copy, twas nine years ago.

 

Who do I send the letter to? The dca or egg? and what of the interest? It seems bizarre that I've paid them over £1000 in five years and I still own more than the initial default.

 

I thought the idea of paying back each and every month (no payments missed ever) was to decrease the amount, not increase it.

 

How is that responsible lending ?

[cerberusalert]

For now just send the CCA request to whoever you are paying now, it'll be interesting to see what they send back in response. If they fail to provide an enforceable agreement within 12 working days of receiving your request you can legally withold payment until one is provided.

 

Then you can send a SAR to Egg http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca to see exactly what unfair charges have benn added to the a/c which you can reclaim thus reducing the outstanding amount.

[Deb T]

Ok, this is what I shall do and will come back here when I have anything from them.

 

I have been progressing/reading here and have found some good advice, kind of helps even the odds.

 

The only concern I have with firing off these letters is does it make them then head for court as opposed to

dealing with you direct.

 

5 years on my credit file with an unblemished record of paying them back even in difficult circumstances

only then to have a judgement put against me for a further 6 years.....double what it would have been

had i stopped paying them altogether, I don't see the logic.

Edited July 13, 2009 by Deb T
forgot something