Pumpy tums vs Egg

[pumpytums]

Hi everyone,

due to financial difficulties I had to stop paying my card bills. Needless to say according to my CRA file old egg filed a default rather quickly. This happened very early this year. Fast forward to present early last month I received the contents of my SAR. I'm 100% I have never received a default notice or termination of account from egg, and guess what there was neither in the SAR bundle. The documents they sent were very detailed but I got much less than 6 years statements (the account has charges) ideally I wanted all my statements back to 2001.

 

The CCA produced the standard "Eggy CCA" i.e approved limit rubbish

 

Should I now contact them stating that they have not fulfilled their SAR as the 40days is now up?

 

Thanks

 

Pumpytums

[Guest Old_andrew2018]

Bump

[Mistermind]

Full SAR compliance by Egg will comprise of a one-inch-high pile of paper costing possibly £50-worth of labour, in return for £10 SAR fee.

 

For years now Egg has offered 2 slimline alternatives in reply to SAR request:

 

All past statements, for £5.

or just a list of all penalty charges with dates and amounts, for £5.

 

Not sure if you consented to receive the £5 option. If you opted for a full print of all monthly statements and are not getting all of them, by all means write back demanding the rest as is your right. It is now November 2009, and the 6-year statute of limitations cuts off in November 2003. Some people say it is possible to claim back more than 6 years, I shall refrain from comment.

 

When you have the full list of overlimit and late payment penalty charges, reclaiming them should not be difficult, as Egg only puts up a half-hearted struggle of 2 or 3 computer-generated letters. After that they give in and pay up -- if you know the levers to push.

 

Numerous CAGgers have reported they were DN'ed by Egg without notice through the post. Egg maintained they did send it out, and there is no legal requirement to use recorded post. Egg need only send you the material they have on file, and they would not be obliged to keep a copy of every DN notice sent out -- unless anyone knows different.

 

Unlike on reclaim of penalty charges, Egg fights every attempt to roll back DN like their lives depend on it. One person managed it after 18 months struggle, another managed it after 30 months.

Edited November 12, 2009 by Mistermind
PS.

[pumpytums]

Thanks Mistermind,

I received the inch thick reply, unfortunately they only sent statement back to approx 5 years I have had an account with them from 2001.

They were very quick to default from looking at my credit file less than 2 months, which came a bit of a shock.

 

So if it ever went to court would they have to produce the default notice they allegedly sent me? If so how do they prove it was ever received if not signed for?

 

That was the one of two pieces of information I wanted along with my statements back to 2001.

 

Time for a letter (or ten) I feel.

 

Thanks for the information.

 

Pumpytums

Edited November 12, 2009 by pumpytums

[Mistermind]

Just like UK and Irish house prices which rose like a rocket then fell like a meteor, credit card companies which indiscriminately granted credit now live to regret it, so many debts being now in default with repayment questionable. Within the past year quite a few cases were reported here of DNs being issued after only one monthly payment being missed. It could be that Egg now strapped for cash, given any excuse will try to pull the plug asap and get back the entire balance where it can, not wait for 5% minimum monthly payment ad inifinitum.

 

If a DN was completely unjustified, e.g. default triggered by Egg IT/clerical foul-up or delay inside Egg pipeline, then the chances of DN rollback would be excellent. As for rolling back a justified DN on the grounds of procedural irregularity, no proof of sending or of receiving DN, well in 3 years I have never heard of any such attempt, let alone a success. Several have tried to roll back DN on the grounds that the account would never have fallen into overlimit but for penalty charges which cardholders allege to be unlawful and which Egg never want to refute in court. Yasmin spent 18 months doing this with numerous visits to several different courts, with Egg eventually beaten by a legal technicality not by Yasmin's legal argument. Another lady rolled back a DN issued after only one missed payment, ultimately successful when Egg lost appetite for the fight after 30 months heroic tussle . Phew .

 

Sticky: " Egg DNs successfully rolled back "

 

Mr McGuffey tried to roll back a DN in court on the grounds that RBS did not comply within the 12-day deadline for delivering a copy of his CCA. By the time this reached the Mercantile Court last month as a Test Case RBS had managed to find the agreement which they then produced in court. Not only was this ruled legally enforceable, not only did Mr McGuffey fail to roll back the DN, but the defeat for the cardholder has now set a precedent ruling binding on county courts. CAG Legal-Issues Forum posters were not at all amused.

Edited November 24, 2009 by Mistermind
typo

[pumpytums]

Thanks again Mistermind,

its more the case that I want to see if the DN is correct. I have others which are far from legitimate, the egg one is one of the ones I have missing I just want to complete my paperwork for possible future events.

 

Thanks again

 

 

Pumpytums

[pumpytums]

Hi everyone,

after a letter from ARC I have received a letter from the dreaded Mr Munn. Its so scary I can hardly type, it the usual "we have been instructed to prepare a County Court Claim in ten days blah blah blah". No address for Mr Munn just a PO box so its sent from the ARC's legal shed.

 

To whom should I write egg, Munn or Arc? The account has the usual approved limit CCA, Egg haven't fully supplied my SAR so a letter before action was sent early last week.

 

Is it worth even bothering replying to the Munn letter? should I just reply to ARC?

 

thanks for any advice

 

Pumpytums

[MandM]

subbing

[pumpytums]

I have contacted the SRA (solicitors regulation authority) about the threatogram Mr Munn allegedly sent using AR%E's franking machine. Waiting for the reply before I send a letter to AR%E and Mr Munn, politely telling them to get stuffed. Unfortunately in typical Egg format the DCA's go DLC-AR%E-Cabot from reading here. Can't really be bothered to argue with Cabot this time of year. Is it possible to send a letter to Egg, telling them that I will not deal with any DCA's on the phone?

 

I have sent a LBA to Egg, as they haven't fully complied with my SAR, I think I will drop the account in dispute letter soon as they cannot be bothered to reply to my letters. That one should get a response.

 

Pumpytums

[MandM]

Hi Pumpy,

From what i've gathered on these threads Egg are notorious for just ignoring letters. If you do actually get a reply from them it's as if they're answering a different letter.

As far as i'm aware, if the DCAs are phone bothering you then you write to them direct and not the OC (although I did do that for Albion as I sent written proof that THEY ARE Bank of Snotland (no offence to Scottish people intended - unless you work for the bank of course).

 

Have you sent the letter to DCA informing them the account is already in dispute (17 in the templates lib.) therefore you can't speak to them anyway.

 

M