wright hassle chasing old EGG debt

[grunter76]

hi all.... not sure if im in the rite forum but here goes...

 

had an egg credit card 10 years or so ago for one reason or another it never got paid ect ect...

 

no payments have been paid on this since 2009 and ive just ignored it hoping it would kind of go away. until 3 weeks ago

 

i got a letter from WRIGHT HASSALL stating they was filing for bankruptcy if i didnt clear or start to clear the debt..

 

so armed with the letter asking to see my signed cca with my pound postal order i went swanning off to the post office...

 

to which i got a reply a few days later with a printed statement saying that sending the pound postal order

and even though the last payment i made was in 2009 this was acceptance to the debt.

 

i didnt reply to this then

 

a week or so later i get another letter with a "reconstituted" copy of the original terms and conditions

and a copy of the current terms and conditions???? followed by a paragraph.

 

We now look forward to receiving your proposals for repayment in 14 days blah blah blah.....

...... on none of this was my original signed dated copy.....

 

.. im a litted lost as to what to send back to them. any help ideas or input would be greatly appreciated cheers

[grunter76]

also one other point to mention the original agreement is a Mr D. B...... when im actually Mr P.D. B........

[dx100uk]

they will need the original signed agreement.

 

i'd get your cra file see below

 

who owns the debt now,

 

dx

[BankFodder]

to which i got a reply a few days later with a printed statement saying that sending the pound postal order

and even though the last payment i made was in 2009 this was acceptance to the debt.

 

 

This would be a very improper letter to send out.

Please could you show us a copy and also the letter which you sent asking for the CCA.

Ta

[grunter76]

From what I can gather it's owned by or been passed to Wright hassal solicitors now. But was with a debt collectors prior to this I forget which one at the moment.

Yes bank fodder I'll upload them tonight if that's ok

[BRIGADIER2JCS]

Do WH state they are acting on behalf of a DCA?

 

 

I don't believe they purchase debts.

[grunter76]

From memory I feel sure it was Cabot they are working with I've got my partner searching the paperwork out for me while I'm at work

[grunter76]

I'm just scanning the letters now

 

the debt went from egg to Cabot

 

then to Wright hassall if this is any help.

 

Unfortunately I can't find my very first letter from Wright hassall threatening bankruptcy

[dx100uk]

follow this:

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

http://www.convert-jpg-to-pdf.net/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though DONT USE BANK NAMES or CAG in the title

i'e Default notice DD-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

[grunter76]

heres the letters and the agreements they have sent me

 

note the original one has the wrong name on it

 

although my old address

 

but no signature and

 

the updated one supposedly sent a while after has no address on

and just looks like a copy and paste of my proper name.....

 

. thoughts, help, advice greatly recieved cheers paul..

 

... by the way the files have not uploaded in order

[BRIGADIER2JCS]

OK I see the letter states that WH is "instructed by Cabot Financial" so still "owned" by them.

 

 

The "recon" must have the accurate name and address for you at the inception of the agreement.

Signatures are not required on "recons".

This applies to both copies.

 

Personally I would reply that the documents provided do Not meet the requirement laid down for reconstituted agreements and do not satisfy a sect.77/78 of CCA '74 request and are therefore rejected and the account remains disputed.

 

 

Do Not explain the errors.

 

 

Get proof of posting.

[grunter76]

would this be an ok letter to send back to wright hassall do you think?? or am i barking up the wrong tree??

Name

 

Address

 

Date

 

Ref No:

 

Dear sir/madam

 

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any (prescribed terms / signature) means that a court would be prevented from enforcing it under s127(3).

Just supplying a copy of your current terms and conditions and a copy of what looks like, my original application form does not constitute what I originally required of you to furnish me with.

 

Unless you can produce a copy of an executable agreement within 14 days I will consider that the above account is now closed and that you will not pursue the alleged debt and that this will render the account in dispute.

 

Should you fail to respond within 14 days, I will expect that this means you agree to remove all such data and that you will deem the matter fully closed and shall not seek to pass the alleged account to an outside third party such as a Debt Collection Agency.I need not remind you that if an alleged debt is rendered unenforceable taking this action would be a breach of my consumer rights not to mention the Consumer Credit Act 1974/2006, therefore if you try to take this inappropriate action at any stage before providing me with what I have requested from yourselves would leave me no option but to report such behaviour to the Office of Fair Trading and Trading Standards.

I hope this will not be necessary,

 

yours faithfully

[BRIGADIER2JCS]

AS said above Signatures Are Not Required on recon agreements.

If the agreement was made prior to April 2007 the a proper copy of the original agreement must be produced.

Personally I would not point out to them what is wrong with the recon just state it is rejected as non compliant,

They know full well what should be there so let them work it out.

[grunter76]

The original agreement was made in autumn of 2000 so I'm guessing that's why they are sending the recon. How should I word this letter to them? Thanks

[BRIGADIER2JCS]

The recon is not going to help them to enforce this debt, the original agreement is required for agreements signed pre April 2007.

[grunter76]

further my last post i sent wright hassall a reply via post saying i was disputing there claim as it didnt comply to which they send me this back any help greatly received[ATTACH=CONFIG]50812[/ATTACH] cheers

[ims21]

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