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

[Deb T]

Anyone?

[Pinky69]

It would have helped if you have given us precise info from the outset. I have looked at the 2004 calendar and the only month I see as having Saturday 1st is May. As far as postage is concerned, the Sunday doesn't count and neither does the Monday as it was a Bank Holiday. So the quickest it could have been deemed to be delivered would be Wednesday 5th. It is then 7 clear days to remedy the breach so the earliest date for remedy would have to be Wenesday 12th. Saturday seems a very strange day for them to have posted anything.

[Deb T]

Sorry for the confusion on the default notice, I've got than many different letters written, cca's pending and just about to send a subject access as well as posting here and studying many many other cases...it's sort of getting busy.

 

But to clarify...When you said Saturday was a strange day to send one out I went back and checked....and you were right and I was obviously incorrect and burning the candle at both ends which makes me a little tired.

 

The day it was sent out was Monday 1st of March 2004 giving until Thursday March 11th 2004 to remedy it. Did they do this part right?

 

I have both the notice and the termination letter.

 

I'm also a little cautious I just think that I've sent off a CCA, the arc collectors could/probably read the boards and if my dates are specific they could then tie it in with a recent cca? I should have given a better example of dates...sorry.

[Pinky69]

They are correct with their date of 11th March.

[Deb T]

Thankyou

[Deb T]

Update to this,..

 

Received a letter from ARC including a copy of the alleged Credit agreement or as termed by Egg an 'Egg Card Agreement.

 

At the same time as sending the above they've stated they want the entire amount owed withion 10 days or they'll pass it to their solicitor

for further action

 

They also stated that the agreement shows I agreed ti the terms and conditions of the agreement which can be found at www. egg.com....which as I'm sure you'll agree is a vast site, how do I know where to find them etc...but in any case...

 

--------

 

However, there are some anomalies that I at this point in time do not have the answer for....

 

I have a copy of the original Green agreement, the white one is usually the one you keep and they have the green one.

 

On the green copy I have it gives the date it was sent to me on....on the copy that ARC have provided it has the same date....but that is where the similarity ends..

 

On my green copy on the reverse it has my signature/date....on the copy sent by Arc it also has the my signature and a date....however, the date is different by 5 or six days...... The signature signed on behalf of Egg is the same date on both letters....

 

My signature doesn't quite look like mine but it's close....

 

The next bit has me baffled...At the top of my original egg card agreement by egg (the one I have) it has a date a few days after my signature...it's a printed date and is obviously when they receive it in....

 

On the one from ARC there are two printed dates...neither of them correspond with the date on my copy...

 

---------------

 

So I'm a little confused, if they had sent out the credit agreement twice due to a problem when signing the letter from them would surely show a different day that they sent it to me on...

 

I guess the next step is? Subject Egg? If this is the case can I ask which subject access letter I should send from the site...one asks for reverse copies of all documents and phone calls etc...is that the one I should be sending?....

 

My credit agreement with Egg can be found here - Also, is it enforceable?

 

 

http://www.partnerpick.com/userspace/user3727/egg/eggmesav1.jpg

 

http://www.partnerpick.com/userspace/user3727/egg/eggmesav2.jpg

 

Although blanked out my signature and date are different to that supplied in the following two documents...if their was a problem for whatever reason surely the 'we are sending you this on....' date would be different?

 

http://www.partnerpick.com/userspace/user3727/egg/arcegg1sav.jpg

 

http://www.partnerpick.com/userspace/user3727/egg/arcegg2sav.jpg

Edited September 9, 2009 by Deb T
updating url

[Deb T]

...

 

Is this default notice and it's subsequent termination notice valid.

 

The time given on a default differs on the 74 act? Date served was a Monday ..but the entire the default notice is I think suspect, nothing is highlighted etc...if so...where is it suspect? and where/if/is there any case law I can quote when writing back to the dca collecting on egg's behalf?

 

Default notice Page 1

 

http://www.partnerpick.com/userspace/user3727/egg/eggmedefaultpg1a.jpg

 

Default notice Page 2

 

http://www.partnerpick.com/userspace/user3727/egg/eggmedefaultpg2a.jpg

 

Termination notice

 

http://www.partnerpick.com/userspace/user3727/egg/eggmeterm1a.jpg

[Deb T]

in this forum back to the main forum? I don't mind them being brought here but the traffic/replies are noticeably less intense and information isn't quite as forthcoming as it would be in the main forum...

[Bookworm]

Go to the posts you want moved, and click on the report button below your avatar and ask the team to move them, as you know what you mean and no-one else does. ;-)

[Deb T]

Could this thread be moved back to where it was originally posted, I'm a little suspect of it being placed in the egg section as it simply does not receive enough traffic...

 

oops, sorry, posted this in error...meant to post a report with the same

[cerberusalert]

Thread moved.

[Deb T]

Sent a CCA to egg collections also known as ARC and they sent back an agreement a month later...

 

Account is covered by the Consumer Credit Act 1974 (as stated on the default notice)..

 

This is the default notice and subsequent termination

 

Date of Default Notice 1st March giving me until 11th March to make good the arrears ...

 

Am I right to assume that the 1974 act gives 14 days as the required time to make good the breach....in which case the default notice (shown below) is faulty....and as they later sent a termination letter (also shown below) ...or is it 7days (or is that the 2006 act?)

 

 

Default notice Page 1

 

http://www.partnerpick.com/userspace...efaultpg1a.jpg

 

Default notice Page 2

 

http://www.partnerpick.com/userspace...efaultpg2a.jpg

 

Termination notice

 

http://www.partnerpick.com/userspace...ggmeterm1a.jpg

[cab1ne]

Sent a CCA to egg collections also known as ARC and they sent back an agreement a month later...

 

Account is covered by the Consumer Credit Act 1974 (as stated on the default notice)..

 

This is the default notice and subsequent termination

 

Date of Default Notice 1st March giving me until 11th March to make good the arrears ...

 

Am I right to assume that the 1974 act gives 14 days as the required time to make good the breach....in which case the default notice (shown below) is faulty....and as they later sent a termination letter (also shown below) ...or is it 7days (or is that the 2006 act?)

 

 

Default notice Page 1

 

http://www.partnerpick.com/userspace...efaultpg1a.jpg

 

Default notice Page 2

 

http://www.partnerpick.com/userspace...efaultpg2a.jpg

 

Termination notice

 

http://www.partnerpick.com/userspace...ggmeterm1a.jpg

 

when was the agreement taken out

 

cab

[cerberusalert]

It could still be defective. Then they you were given 7 days to remedy so unless they can prove it was posted 1st class or by hand they haven't allowed enough time.

[Deb T]

Agreement was taken out in 2000

 

I have no idea how it was sent...but it wasn't by hand.

 

I'm about to subject access egg but I've read recently that they send very little in the access request.....is there a particular subject access letter you can send that requests everything ...?

 

The original credit agreement can be found here

http://www.partnerpick.com/userspace/user3727//egg/eggmesav1.jpg

 

http://www.partnerpick.com/userspace/user3727//egg/eggmesav2.jpg

[cab1ne]

being before 7th april 2007. so you can totally ignore the 2006 act. the default notice is "WRONG" not valid, total crap. the format is not correct and the remedy date does not give you 14 clear days.

 

cab

[cab1ne]

link to SAR

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

[Deb T]

Hello cab1ne , not sure what you're saying...

 

Was the initial time in the default notice correct or incorrect?

 

Is it 14 days in the 2006 act or 14 days in the 1977 act, I read here that it shows as 14 days but it does refer to the 2006 act (f1)

Consumer Credit Act 1974 (c. 39) - Statute Law Database

 

 

Also, what format? and where does it show in the act the format that is required....and also....and being before April 2007?

[cab1ne]

Agreement was taken out in 2000

 

I have no idea how it was sent...but it wasn't by hand.

 

I'm about to subject access egg but I've read recently that they send very little in the access request.....is there a particular subject access letter you can send that requests everything ...?

 

The original credit agreement can be found here

http://www.partnerpick.com/userspace/user3727//egg/eggmesav1.jpg

 

http://www.partnerpick.com/userspace/user3727//egg/eggmesav2.jpg

 

are you sure that this is all of the agreement:?

 

cab

[cab1ne]

Hello cab1ne , not sure what you're saying...

 

Was the initial time in the default notice correct or incorrect? incorrect

 

Is it 14 days in the 2006 act or 14 days in the 1977 act, I read here that it shows as 14 days but it does refer to the 2006 act (f1) 14 days in the 1974 act

Consumer Credit Act 1974 (c. 39) - Statute Law Database

 

 

Also, what format? and where does it show in the act the format that is required....and also....and being before April 2007?

 

forget the 2006 act this agreement was taken out before 7th april 2007 when the 2006 act came into force.

 

cab

[Deb T]

Yes that's all I have....and I have made a cca request and been sent the same (although for some reason some of the dates don't tally but essentially the agreement is the same...here are the ones sent via the

cca request....

 

 

http://www.partnerpick.com/userspace/user3727/egg/arcegg1sav.jpg

&

http://www.partnerpick.com/userspace/user3727/egg/arcegg2sav.jpg

[Deb T]

forget the 2006 act this agreement was taken out before 7th april 2007 when the 2006 act came into force.

 

cab

 

 

Therefore the 1977 act gave 7 days on the default? you say the default notice is wrong and not valid etc...in what way?

[cab1ne]

Therefore the 1977 act gave 7 days on the default? you say the default notice is wrong and not valid etc...in what way?

 

its not 7 days it is 14 days

 

Section 87. Need for Default Notice

 

(1) Service of a notice on the Debtor or hirer in accordance with section 88 (a "Default Notice ") is necessary before the creditor or owner can become entitled, by reason of any breach by the Debtor or hirer of a regulated Agreement -

 

(a) to terminate the Agreement, or

 

(b) to demand earlier payment of any sum, or

 

© to recover possession of any goods or land, or

 

(d) to treat any right conferred on the Debtor or hirer by the Agreement as terminated, restricted or deferred, or

 

(e) to enforce any security.

 

The Act also sets out via Section 88(1),

 

Section 88. Contents and effect of Default Notice

 

(1) The Default Notice must be in the prescribed form…

 

Under the Interpretation Act 1978 Section 7, it states:

 

Where an Act authorizes or requires any document to be served by post (whether the expression "serve" or the expressions "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have effected at the time at which the letter would be delivered in the ordinary course of post."

 

Practice Direction

Service of Documents - First and Second Class Mail.

 

With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore.

1). Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.

2). To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

(a) in the case of first class mail, on the second working day after posting;

(b) in the case of second class mail, on the fourth working day after posting.

"Working days" are Monday to Friday, excluding any bank holiday.

3). Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used.

4). This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process.

 

8th March 1985

J R BICKFORD SMITH Senior Master

Queen's Bench Division

 

cab

[cab1ne]

Yes that's all I have....and I have made a cca request and been sent the same (although for some reason some of the dates don't tally but essentially the agreement is the same...here are the ones sent via the

cca request....

 

/quote]

 

your agreement is lacking somethin like this for example

 

http://i593.photobucket.com/albums/tt13/flinty56/lombagree01-1.jpg

 

cab

[cab1ne]

also since 1st march 2004 have you admitted the debt. made any payment etc.

 

cab