Disputed Debt 'stayed' at court is then sold to DCA .. who want details of the court case from me

[Worried]

Hi Wormhasturned,

 

I wish you luck in the fight against Egg. I too had a problems and Egg took me to court and put a charge against my house. I attended the case and the judge was ever so nice but granted the charge because it was going to take so long to pay them back at the monthly rate I had requested (DMP).

 

Since sold the house and they got their slice of it, but am now about to ask for my statements so I can try and claim back any charges and also any PPI

 

Keep fighting them, I hope you can hold them off.

[WormHasTurned]

Well have now got the letter ..."This account has been passed to us for collection as our above named client has been unable to obtain payment of the outstanding amount from you .... we wish to make it clear that unless a substantial payment is made ...along with a firm offer to clear the rest of the overdue balance ... we will pass your account to our Solicitors, with instructions to issue proceedings against you in the County Court..." Payments are to be made to ARC (Europe) Ltd... "

 

To remind people what has already happened in this thread - I was taken to the County Court by Egg/DLC over 9 months ago, put in the defence worded by JonCris, and the last thing I heard was from the County Court in February was that if the claimant wished to proceed they must contact the court within 28 days (they didn't). "After that period the claim will be stayed The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

Hmmmm.. :?

[Jeff2000]

Well have now got the letter ..."This account has been passed to us for collection as our above named client has been unable to obtain payment of the outstanding amount from you .... we wish to make it clear that unless a substantial payment is made ...along with a firm offer to clear the rest of the overdue balance ... we will pass your account to our Solicitors, with instructions to issue proceedings against you in the County Court..." Payments are to be made to ARC (Europe) Ltd... "

 

To remind people what has already happened in this thread - I was taken to the County Court by Egg/DLC over 9 months ago, put in the defence worded by JonCris, and the last thing I heard was from the County Court in February was that if the claimant wished to proceed they must contact the court within 28 days (they didn't). "After that period the claim will be stayed The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

Hmmmm.. :?

 

 

Hi,

 

 

Did you contact the court to find out what the state of play is?

 

If not, it may be worth contacting them and finding out!

 

 

Regards, Jeff.

[WormHasTurned]

Yes, spoke to the court this morning they have not heard anything since it was stayed.

[Jeff2000]

Yes, spoke to the court this morning they have not heard anything since it was stayed.

 

 

Hi,

 

 

In that case it sounds like you have a good case for harassment!

 

 

 

Regards, Jeff.

[JonCris]

It's clear the righthand doesnt know what the lefthand is doing.

 

Their actions are an abuse of process as this matter cannot be proceeded with without the courts consent. I should write back & advise them of this.

 

Also advise that should they attempt to have the stay lifted at this late stage you will apply to have their action struck out as an abuse of process

[WormHasTurned]

JonCris

 

Thank you so much for coming back to me. You are my Dorset Motorbike Lawyer Knight in shining armour

 

I feel so much more empowered since finding this forum.

 

Having curtailed 2 phone calls from the new DCA, by saying I would put it in writing, I wrote and explained that the account was in dispute, and why.

 

I also advised that if they pursued collection outside of the court process I would consider it harassment.

[WormHasTurned]

Does anyone happen to know whether ARC(Europe) have bought some EGG Accounts outright (and would be stuck with a disputed account), or whether they are acting as agents for Egg (and would be able to pass a disputed account back to them?)

 

Looking at their website, they seem to offer both services ARC (Europe) .

 

Anyone have any first-hand experience of this?

[Having_A_Knightmare]

If the debt has been sold Egg would have wrote to you.

 

HAK

[andrew0101]

Yes, I have dealt with ARC Europe with my Egg card. They act on behalf of Egg to collect. I only had dealings with them for ten days before they wrote to me saying they had returned the file to Egg. Basically I sent them a letter with so much stuff in relating to the CCA 1974 they turned tail and ran

[Hopeful1]

ARC were dealing with my Egg loan in the summer or at least they were trying. The CCA was complied with but the S.A.R showed different outstanding balances - ARC's was higher than Egg's.

 

I complained to Egg as no statement of acc. had been provided by ARC. Even though Egg didn't respond directly, i have been able to access my online acc. ever since.

[WormHasTurned]

Briefly, about a year ago a court claim was issued against me for a credit card debt.

 

 

They had been unable to provide me with a CCA,

 

 

I defended, asking for absolute proof.

 

 

They never contacted the court again and the claim was 'Stayed' and

I was advised that the only action the claimant could now take would be to apply to the Judge to have the Stay lifted.

 

Now the credit card company has passed this to another DCA and solicitor

who are saying they are about to issue a new claim against me for the same debt.

 

(I kindly let them know about a month ago that this debt is already subject to legal action

- but they have chosen to ignore that information and have continued to ask for payment.)

 

What action, if any, would you recommend I take at this stage or if I have a new claim issued against me?

 

Thank you

[42man]

Unbelievable, this should never have been passed on while it is in dispute.....it may even be worth writing saying that the original creditor does not have a CCA for this debt.....wait until someone a bit more knowledgable comes along....!!

[WormHasTurned]

.. as far as I can tell the debt is still owned by the same CC company - they've just passed it to a different DCA to collect for them.

[sillygirl1]

Complain to Trading Standards, the Financial Services people and write a letter to the court informing them that the debt has been passed to another company who now want to claim when the claim was stayed - clearly a breach of procedures. Go to the Information Commissioner as well.

[phill123]

i don' t think you will have a new claim issue until the stay is lifted by a judge, and it will be only lifted when they will produce a CCA to you and to the court. it might be construed as harassment too... i think... contact the Office of Fair Trading and the Financial Ombudsman

[patrickq1]

Yes the best course of action is to issue a CCA to the other company it isnt MORGAN STANLEY AND HFO IS IT,but also TRADING STANDARDS AND ICO mention to TS AND ICO abou the STAY but dont inform the other company about the stay as they and the origional company will or may have to see the judge for breach of the court procedures and also for harrasment

[WormHasTurned]

Over a year on, I have now had a letter from LEWIS DEBT RECOVERY who advise that EGG have assigned the debt absolutely to CL FINANCE on 20th October 2008. They are now asking for payment in full by 4th December otherwise “Our instructions are to take action against you for recovery of the sum of £xxxxx which is now due to CL Finance Ltd.”

 

To summarise the situation – Was taken to court by Egg and defended their claim (with knowledgeable advice from JonCris) they never provided the proof (CCA) or indeed contacted the court again.

 

I had a standard letter from the court that advised "Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay".

 

I see from other threads that several of us were in the ‘assignment’ to CL Finance on 20th October.

 

I would welcome advice for my particular situation and what my and Lewis Debt Recovery rights are given that the debt has already been taken to court by Egg.

[REST ON A SUNDAY]

Over a year on, I have now had a letter from LEWIS DEBT RECOVERY who advise that EGG have assigned the debt absolutely to CL FINANCE on 20th October 2008. They are now asking for payment in full by 4th December otherwise “Our instructions are to take action against you for recovery of the sum of £xxxxx which is now due to CL Finance Ltd.”

 

To summarise the situation – Was taken to court by Egg and defended their claim (with knowledgeable advice from JonCris) they never provided the proof (CCA) or indeed contacted the court again.

 

I had a standard letter from the court that advised "Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay".

 

I see from other threads that several of us were in the ‘assignment’ to CL Finance on 20th October.

 

I would welcome advice for my particular situation and what my and Lewis Debt Recovery rights are given that the debt has already been taken to court by Egg.

 

 

 

it is believed that traditionally CL Finance and not the lewis group ,have sent such a letter of assignment --- which is never received until court action has been started ---

 

is it possible to let caggers look at a copy of the letter with the personal details removed, because this appears to be a change of tactics by lewis debt recovery/cl finance ?????

 

has everyone else got a lewis letter ?

[JonCris]

They can't start court action without sending an LBA (Letter Before Action)

 

Also any threat to do so without seeking the courts consent is not only an abuse of process but may also be a contempt of court once you provide them with a copy of the original order & they don't cease their attempts to collect

[WormHasTurned]

Well I wrote back to Lewis Group in December last year advising them that the account was in dispute and subject already to a CC Claim which had been defended, etc etc

 

Never heard back from Lewis Group but a few weeks ago another part of their organisation popped up with a statement from CL Finance with the disputed amount plus £5 for a solicitors letter added on.

 

Now yet another part of the organisation - Howard Cohen - have sent a "Take Notice - Final Demand" letter - "only payment in full of £xxxxx can prevent court proceedings being raised against you. Payment must be made to this office immediately. Please telephone 0870 ... now to confirm payment".

 

Does this constitute their Letter Before Action, or does it specifically have to include those words?

[WormHasTurned]

Sent off a letter to Cohen's again stating the account is in dispute - they must have handed it over to their colleagues in Lewis Debt Recovery, because I have just had a rather polite letter in reply:

 

"Despite numerous attempts to contact EGG since your original dispute in Nov 2008, we have still not been provided with any information from them.

In order for us to rectify this matter, please can you provide us with details of the court proceedings that were raised against you in respect of this matter.

We hope to hear from you as soon as possible.

Yours sincerely"

Knowledgeable advice welcomed on the best way to respond/proceed.

I have not yet CCA'd Lewis Group. The case brought by Egg has been stayed, and I have not yet asked for it to be struck out.

 

Egg have since assigned the debt absolutely to CL Finance, who are the legal owners, with Lewis Debt Recovery being their collection agents, and Cohen's their solicitors.

 

If I provide Lewis Group with details of the case, can they apply to have the stay lifted - even though they are a totally different company to the one that brought the case? Can they start a new case when there is an existing one brought by someone else?

[WormHasTurned]

Mods - please could this thread be moved to Debt Action Group - Legal Issues, and perhaps rename it "Egg asked for Charging Order - Defended - Stayed -then sold to a DCA"

 

Many thanks.

Edited September 13, 2009 by WormHasTurned

[WormHasTurned]

Hi - this has been a bit of a long story (which can be seen here http://www.consumeractiongroup.co.uk/forum/legal-issues/54982-egg-asking-charging-order.html ) however I have an immediate legal question below which I hope I can get advice on:

 

Egg brought court proceedings, I defended, they did not produce CCA, case was stayed over 2 years ago. 10 months ago Egg assigned the debt absolutely to CL FINANCE. I have sent the 'account in dispute' letter. Have had a polite letter from their Sols Howard Cohen:

 

"Despite numerous attempts to contact EGG since your original dispute in Nov 2008, we have still not been provided with any information from them. In order for us to rectify this matter, please can you provide us with details of the court proceedings that were raised against you in respect of this matter. We hope to hear from you as soon as possible."

How do I stand legally on this?

- can the people assigned the debt apply to have the stay lifted?

- should I apply to have the case struck out?

- should I send a CCA request to CL Finance?

- should I send them details of the 'stay' and if I do what can they then do legally?

Lot's of questions, I know. Advice welcome. Many thanks.

 

[stleonards]

Just bumping this for you.