Greendeco v Egg

[Greendeco]

I am having issues with my egg card, I was very ill this year and so missed two payments, have started paying again now £200 a month which is absolute maximum I can afford but they want £341 as min payment and they are threatening to default me. I have never had any probs before.

 

here is text of my email to them following letter.

Please take this secure email as a written formal complaint on the handling of my account by EGG. I have now spent several months attempting to communicate the following points to EGG and they have been ignored causing me severe stress at a time when I am suffering from depression and anxiety.

 

1. My egg card payments were suspended for two months while I was off sick from work due to having a nervous breakdown. I spent 4.5 weeks in an acute psychiatric unit and a total of four months off work. This affected my financial situation.

 

2. I have made it clear I cannot clear the outstanding balance but I have restarted regular payments of £200 from end of August and these will continue. I am not using the card indeed it is cut up. This should be sufficient for EGG to suspend collection activities and not to threaten me with default notices. I cannot pay more at this time.

 

3. I am requesting a reduced payment plan of £200 per month until the account is clear. I cannot pay the minimum payment required this month of £341 but by continuing to make the £200 payments which is the maximum I can afford currently the balance will be gradually reduced.

 

4. I requested no phone calls to my home as these caused me stress, despite regular requests phone calls continued until I changed my details online.

5.When securely emailing EGG I was told my messages could not be seen by the collections team which I believe is wrong as your advice on the internet clearly states if a card holder is having issues they can contact EGG by secure messaging.

 

6. I will contact a collections adviser on Monday to discuss my case but I will be requesting reduced payment plan.

 

7. I would like to make it very clear that your actions in telephoning me, ignoring my requests and now sending me a letter and having an email on my account which threatens me with debt collection agency and default notices when I am clearly trying to make payments to clear my account has had a very negative effect on my mental health. I am taking a high dose of anti-depressants and still under the care of a consultant and therefore unable to function normally at this time. At no time have EGG acknowledged this or taken steps to help me in light of the information I have provided.

 

8. A copy of this letter is being sent to the complaints department. I look forward to a comprehensive written response.

 

 

Any advice on this issue as to how I can avoid default? I am also going to cca them and see if I can claim back my ppi got some back on my egg loan (now paid off)

Edited September 25, 2009 by cerberusalert
name removed

[cerberusalert]

Thread created

[Greendeco]

Despite me telling them I could only pay £200 and having that set up as my monthly payment they have taken £341 today leaving me not enough money to pay my mortgage. This is making me ill now and I don't know what else to do, any ideas?

[ScabHunter]

The first essential in dealing with this type of case is to secure your banking arrangements. Get a bank account with a bank which is totally separate from any group you have ever had any issues with, and get your income paid into there. This primary account should never have any direct debits set up on it, neither should you ever give out the card details. Securing the income you have now is the first step in trying to fight back from debt problems.

 

Never set up direct debits on your main account. They are a security risk. Cancel any direct debits you already have. If you have given out debit card details, "lose" the card and get a new one.

 

How old is this Egg card? There is a good thread by pt2537 which discusses Egg agreements and the problems with them.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html

 

Get a CCA request sent off straight away. At least that will buy you time if nothing else. £1 postal order, no signature, letter here -

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

Use s78 not 77 as it is running account credit, leave the paragraph in red out as you are still dealing with the original creditor.

 

Send it recorded so you get proof of delivery.

 

Send a SAR to Egg as well, as you will need this information to claim back the mis-sold PPI.

 

SH

[Revenant]

Hi Greendeco

Sorry you're getting so much grief, not easy I know but try to relax and gain from the excellent knowledge of the members on here

As for me I'm a newbie but I hope the following come as some help . . .

OFT Debt Collection Guidance

Physical/Psycological Harassment

2.5 Putting pressure on debtors or third parties is considered to be oppresive

2.6 Examples of unfair practices are as follows:

f) Pressurising debtors to pay in full, in unreasonablly large instalments or to increase payments when they are unable to do so

Should a DCA get involved . . .

CSA Code of Pratice

Debt collection default Guidlines

In attempting to carry out collection in default of payment, members of the Association should:

a) Not use oppresive or intrusive collection procedures

b) Not bring unreasonable pressure to bear on debtors in default of payment

f) Unless instructed otherwise, accept all reasonable offers by debtors to pay by instalments, provided acceptable eveidence of non-ability to pay is given

l) Have due regard and deal sensitively with individuals where evidence has been given, or is apparent, that the individual is incapacitated by mental or physical disability

I'm sure some one with more experience will be able to help adapt those to help you case

Good luck