Egg card agreement has been terminated

[HP Mum]

I have been researching sect 140. This refers to extortionate credit bargain, with direct reference to sects 137-139. Is this correct ? I am not sure how or why the court would grant an order here. Please help.

I have copied the relevant CCA 74 sections below for ease.

S.140. Where the credit agreement is not a regulated agreement, expressions used in sections 137 to 139 which, apart from this section, apply only to regulated agreements, shall be construed as nearly, as may be as if the credit agreement were a regulated agreement.

Extortionate credit bargains

S.137-(1) If the court finds a credit bargain extortionate it may reopen the credit agreement so as to do justice between the parties.

(2) In this section and sections 138 to 140,-

(a) " credit agreement " means any agreement between an individual (the " debtor ") and any other person (the " creditor ") by which the creditor provides the debtor with credit of any amount, and

(b) " credit bargain "-

(i) where no transaction other than the credit agreement is to be taken into' account in computing

the total charge for credit, means the credit agreement, or

(ii) where one or more other transactions are to be so taken into account, means the credit agreement and those other transactions, take together.

S.138.-(l) A credit bargain is extortionate if it

(a) requires the debtor or a relative of his to make payments (whether unconditionally, or on certain contingencies) which are grossly exorbitant, or

(b) otherwise grossly contravenes ordinary principles of

fair dealing.

(2) In determining whether a credit bargain is extortionate, regard shall be had to such evidence as is adduced concerning-

(a) interest rates prevailing at the time it was made,

(b) the factors mentioned in subsection (3) to (5), and

© any other relevant considerations.

(3) Factors applicable under subsection (2) in relation to, the debtor include-

(a) his age, experience, business capacity and state of health ; and

(b) the degree to which, at the time of making the credit bargain, she was under financial pressure, and the nature of that pressure.

(4) Factors applicable under subsection (2) in relation to the creditor include-

(a) the degree of risk accepted by him, having regard to the value of any security provided ;

(b) his relationship to the debtor ; and

© whether or not a colourable cash price was quoted for any goods or services included in the credit bargain.

(5) Factors applicable under subsection (2) in relation to a linked transaction include the question how far the transaction was reasonably required for the protection of debtor or creditor,

or was in the interest of the debtor.

S.139.-(l). A credit agreement may, if the court thinks just, be reopened on the ground that the credit bargain is extortionate-

(a) on an application for the purpose made by the debtor or any surety to the High Court, county court or sheriff court ; or

(b) at the instance of the debtor or a surety in any proceedings to which the debtor and creditor are parties, being proceedings to enforce the credit agreement, any security relating to, it, or any linked transaction ; or

© at the instance of the debtor or a surety in other proceedings in any court where the amount paid or payable under the credit agreement is relevant.

(2) In reopening the agreement, the court may, for the purpose of relieving the debtor or a surety from payment of any sum in excess of that fairly due and reasonable, by order-

(a) direct accounts to be taken, or (in Scotland) an accounting to be made, between any persons,

(b) set aside the whole or part of any obligation imposed on the debtor or a surety by the credit bargain or any related agreement,

© require the creditor to repay the whole or part of any sum paid under the credit bargain or any related agreement by the debtor or a surety, whether paid to the creditor or any other person,

(d) direct the return to the surety of any property provided

for the purposes of the security, or

(e) alter the terms of the credit agreement or any security instrument.

(3) An order may be made under subsection (2) notwithstanding that its effect is to place a burden on the creditor in respect of an advantage unfairly enjoyed by another person who is a party to a linked transaction.

(4) An order under subsection (2) shall not alter the effect of any judgment.

(5) In England and Wales an application under subsection (1) (a) shall be brought only in the county court in the case of-

(a) a regulated agreement, or

(b) an agreement (not being a regulated agreement) under which the creditor provides the debtor with fixed-sum credit not exceeding £750 or running-account credit on which the credit limit does not exceed £750.

(6) In Scotland an application under subsection (1)(a) may be brought in the sheriff court for the district in which the debtor or surety resides or carries on business.

(7) In Northern Ireland an application under subsection (1)(a) may be brought in the county court in the case of-

(a) a regulated agreement, or

(b) an agreement (not being a regulated agreement) under which the creditor provides the debtor with fixed-sum credit not exceeding £300 or running-account credit on which the credit limit does not exceed £300.

[toymaker1]

 

You are getting hold of the wrong end of the stick. - the wrong stick in fact.

The bits you have quoted are not actually about the essence of S140.

You have quoted references to S137 138 139. The only reference to S140 is your first reference, which is merely saying that if an agreement is not a regulated agreement (all credit card agreements are regulated agreements so the bit you quote does not apply anyway), for the purposes of S140 the court will treat it as if it was a regulated agreement. The point being that a creditor with an unregulated agreement will not be permitted by the court to get out of the punishments which are available to the court regarding to unfair conduct by a creditor, just because the agreement in question happens to fall outside CCA requirements for regulated agreements. Hope that makes some sense.

What you need

to do is download CCA1974, print it out, and read S140 very carefully, and it will make sense.

[HP Mum]

I have today specialed a letter, as detailed above post #894, to Arc.

Will now have to wait to see how they respond.

 

Do you think I should send the same letter to Egg ?

Or because Arc have been appointed by Egg it is ok to just send it to Arc ?

[toymaker1]

 

Dont send a letter to Egg. Wait to see what ARC say in response to your letter.

In any case, if you write to Egg they will either totally ignore your letter, or reply with an answer which is completely pointless. - i.e. they will not address the actual points made by you in your letter.

In other words, you will be completely wasting your time to write to Egg at the moment.

[HP Mum]

thank you. Thought so, but just wanted to be sure...

[HP Mum]

Hi - Again !!

 

I just had another letter from Arc (

 

"We are writing in response to your recent correspondence sent.

We have replied to your letters advising you to contact our client with regards to the issues raised in relation to terminating your agreement. Please refer to our letters dated xx and xx

We take instructions from our client in good faith and we are instructed that the above balance remains outstanding and must be paid. Therefore please can you provide us with a full financial statement clearly showing your financial situation with your incomings, outgoings and list of creditors with your token offer of payment.

Please be advised that you can view our client's T&Cs on their website at www.egg.com. Please refer to clause 20.2 which states:

"We can end this Agreement at any time. We will normally give you 30 days' advance notice by post or email. However, if there are exceptional circumstances, or in any circumstances referred to in Condition 19.2, we may end this Agreement immediately and tell you about it afterwards, unless we are required by law to give you notice first. You can end it at any time by telling us to do so by post or Secure Message."

Your payment shoud be sent directly to this office Please ensure your payment is made payable to Arc..... etc etc....

14 days or passed back to solicitors....

Ok. So I am going round and round in circles here. Arc are instructed by Egg, yet can not answer my questions on how they were legally able to terminate the agreement - so they are passing me back to Egg. Yet at the same time they ask me to deal with them and pay Arc. Hmmmm.

So how do I deal with this now ?

Do I indeed now waste a further £4.95 special postage to send the same template letter to Egg ?

Or is there another template letter to send to Arc ?

I know many others have been in this same position so it is with great interest how this will pan out.....

 

Advice is most welcome.....

Thanks

[diddydicky]

 

firstly, that term could well be deemed to be an unfair term of trading

 

secondly it does NOT apply if you are in default- they can only terminate a defaulted agreement via the DN route

 

if you were in arrears then their letter speaks volumes since they know this full well and therefore their letter clearly indicates that they are struggling for an argument and hoping that you don't notice the difference

[HP Mum]

hi thanks, dd

 

I was not in default when they terminated the agreement (along with 160k others).

I subsequently had problems, made small monthly payments or none, hence I guess I got into the arrears - then they defaulted and again terminated the account. I wrote letters to Egg last Oct advising my situation and then stopped paying altogether in July. Since then I have been liaising with dca after dca...

 

SO how do I reply to this letter from ARC ? Is there another template ?

xx

[toymaker1]

 

If it was me I would send something like this:

 

Dear xxx

 

Thank you for your letter dated xxxx.

 

Unfortunately it is unclear to me as to what points ARC is raising in your letter, indeed it is unclear to me why ARC is writing to me.

 

For example,

 

(a). There is currently a dispute between Egg Banking and myself regarding matters arising from Egg's termination of it's contractual agreement with me.

 

(b). Egg Banking has apparently employed ARC to act as Egg's representative or agent in communicating with me in connection with the dispute between Egg Banking and mysel

 

©. When I have written to ARC, in it's capacity as Egg's representative

or agent, with the purpose of resolving the dispute, ARC has refused to provide a response to my letters, and has advised me to contact Egg concerning the dispute, and not ARC. This is clearly illogical and unnacceptable.

 

In light of the foregoing, I would be grateful if ARC would urgently clarify if I should write to Egg to concerning the dispute, and not ARC. In which case I will write to Egg, and will expect ARC to stop writing to me in connection with the dispute between Egg and myself. I clearly cannot deal with two parties simultaneously in connection with the dispute. Apart from the difficulty of dealing with two parties simultaneously, it is, as you will know, in breach of the OFT Guidance on Debt Collecting.

 

 

 

Yours etc.

[HP Mum]

That sounds very defiant !!

Have you done the same to them, or another dca ? And if so, what reaction did you get ?

It sounds like a good path to take with Arc but I would be interested to hear who has written such letters and how Arc / Egg replied...

[toymaker1]

 

You have been provided with two examples of template letters. Just to clarify, in my opinion on is defiant and one is polite. I am a bit surprised you think they are both defiant.

Personally I think politeness is preferable to defiance.

[HP Mum]

Hi Toymaker (gosh you were up early !),

I meant LS letter seemed defiant, not yours.... which is why I asked if anyone else has used such a tactic and what kind of reaction one had possibly received from such a strong worded letter...

I think polite is normally best too, but maybe, in this instance, a mix of strong worded politeness !!

Anyone else had such a letter from Arc ??

[toymaker1]

 

 

I have disputes ongoing with Halifax Morgan Stanley Egg Monument.

I get letters of the same sort as you have posted all the time.

I just bat them straight back very politely, very firmly, and I make appropriate references to the relevant laws and or reguations.

They are bullies who cannot cope with debtors who have a clear knowledge of the relevant laws, and who reply firmly but politely.

I have found that, without exception, none of them has thew slightest knowlege of consumer credit law. They rely on frightening you.

[lollipop73]

Hi HP Mum,

 

I have written a very similar letter to Moorcroft, quoting OFT guidelines, and they have not come back since, nor have Egg for that matter. In all honesty, I don't think the letter is particularly impolite, merely clear and pertinent, and leaves them in no doubt as to what you intend to do.

[diddydicky]

both are good- defiance sometimes can be good- for it shows them that they are not intimidating you

[Liz Southern]

Hi HP Mum,

 

In answer to your question, as my day job I work for a claims and debt management company. (Please note, I am not touting for business - the site administrators are fully aware of my day job!)

 

Part of my job is to deal with slugs like ARC. I say again, these debt collection agencies have no powers. In your case, you have an ongoing dispute with Egg. While that dispute is ongoing, it is unlawful for ARC to pursue you. That includes all forms of communicating with you. If Egg are saying they no longer own your debt because they have sold it to ARC, then ARC must produce a Deed of Assignment to you - not just a letter to you saying they have purchased the debt from Egg - but a proper Deed of Assignment, witnessed by a solicitor, (a solicitor registered with the SRA), and the Deed registered. All facts that can be checked.

 

DCAs are very fearful of having their trading licences revoked. They are regulated and they have to follow a code of conduct. If they do not, they have to explain why they have behaved outside of the code. They have to explain to you, and to the OFT and FOS.

 

You have a legal right to make a complaint to a DCA. You have a legal right to make a complaint to the OFT and FOS, and ask for the DCA's licence to be revoked.

 

You say "defiant" as if it's wrong, as if you are somehow apologising for standing up for yourself. DCAs work by conditioning people through long-term intimidation. Numerous phone calls, some nasty, some deliberately friendly, threatening letters, letters made to look like they come from solicitors, threatening doorstep calls or bailiffs, or losing your house - all of these tactics work to wear you down so you will make a payment, whether you owe the money or not, just to make them go away.

 

You need to realise you are stressed, that they have in effect brainwashed you, and you need to change the way you think. My letter is not "defiant". It is strong. It tells the DCA, "You've told me what you want. Now I'm going to tell YOU how it's going to be." It gives control of the situation back to where it should be - with you.

 

"Defiant" is a word describing a "reaction". Taking control back means that you are the person "acting" not "reacting". There is nothing frightening in this, and you can deal with it. You are not alone.

 

I fully support anybody wanting to write a "polite" letter - the first time. But how long are you going to carry on writing "polite" letters before you realise that you're not getting anywhere? If you came into my office I'd write such a letter for you (remember I'm not touting for business, please, just explaining) and the DCA has to write back answering your complaint. Then you write to the OFT and FOS, tell them everything and ask for the DCA's licence to be revoked. Log Book Loans have had their licence revoked, and other DCAs' licences are up for renewal soon.

 

Wow, this reply's long. Anyway, my head is splitting and I have a massive temperature, so I'm going to sign off now and go back to bed! I love winter!

 

Regards

Liz Southern

[Liz Southern]

both are good- defiance sometimes can be good- for it shows them that they are not intimidating you

 

Absolutely Right, DD.

Hello, by the way.

Liz:)

[HP Mum]

evening LS

Wow, that was long....

I guess I meant strong / hard-hitting...

I will compose something in the next couple days that is "powerfully polite" leaving them with no uncertainty as to my legal position and assertiveness !! and post back here...

[HP Mum]

ok - I sent the letter below , as suggested by LS, to Arc

Thank you for your letter dated xx/2009.

 

There is currently a dispute between Egg Banking and myself regarding matters arising from Egg's termination of its contractual agreement with me.

For two organizations - Egg and Arc - to pursue an alleged debtor simultaneously is harassment and a breach of your Trading License under the Office of Fair Trading Regulations.

In view of the above, I will only communicate with Egg and only by correspondence.

You are also instructed to desist from making telephone calls to me.

You are to consider this letter a formal complaint of your conduct, to which I require a written explanation of your conduct within the statutory time period.

If you fail to comply with my instructions regarding method of communication, and if your response to the complaint contained hereunder is unsatisfactory, I shall immediately make a complaint against you to the OFT and FOS for the purpose of invoking financial sanctions and of having your trading license revoked.

Yours faithfully,

However, I guess they never got the letter ?? as today I received another letter from their Solicitors, Trevor Munn, telling me that a County Court Claim has now been prepared and is ready to be issued against me in the xx county count. They have added some charges and then tell me that I can stop the claim being processed if I pay in full now. etc etc

This is sooooo boring. So what do I do now? My instinct is to copy the letter above and send it again to Arc and copy it to TM. Or should I send an even more threatening letter back to Arc ?

Does anyone else have any ideas ?

Want to get this out the way in the next day or two before Christmas is before us all...

 

Since posting earlier, this is my initial draft -

Dear TM Solicitors,

 

Thank you for your letter dated xx09.

 

There is currently a dispute between Egg Banking and myself regarding matters arising from Egg's termination of its contractual agreement with me.

 

With direct reference to this, I have attached a copy of a letter sent to Arc, dated xx09.

I have also attached a copy of my letter to Trevor Munn, dated xx09.

 

To clarify, I will only communicate with Egg and only by correspondence.

Yours faithfully...

 

Is this ok ? Or should I write and send something stronger ?

[toymaker1]

 

I have had exactly the same letter from Trevor Munn. I sent them this:

 

 

Trevor Munn Solicitors

P. O. Box 503

Walton-on-Thames

Surrey KT12 2XR

 

Our Ref: xxxxxx

Your Ref:xxxxxx

Date xxcxxxx

 

 

 

 

 

 

Dear Trevor Munn

 

 

 

 

Re: Termination by Egg of Egg Account xxxxxxxxxxxxxxxx

 

 

 

 

Thank you for your letter dated xxxxx

 

1.

In the course of preparing a County Court Claim on behalf of your client, ARC (Europe) Ltd, you will have become aware that the debt claimed by your client is disputed by me.

2.

My reasons for disputing the debt, as both you and your client are fully aware, are set out in my letters xxx to xxx inclusive. As you know, paragraph 2.8 k. of the Office of Fair Trading Debt Collection Guidance of July 2003, updated in December 2006, makes it clear that collection activity must cease whilst investigating a disputed debt. I look forward to the results of your investigation.

 

3.

In the event that the dispute between Egg Banking plc and myself is put before a court for adjudication, I will draw the court’s attention to the following points.

3a

Both you and your client. ARC (Europe) Ltd, although fully aware that the debt is disputed, have continued collection activity in breach of paragraph 2.8k. of the OFT Debt Collection Guidance.

3b.

Both you and your client have ignored and disregarded the fact, of which both you and your client are fully aware, that the debt claimed by Egg Banking plc is disputed by me, and both you and your client have continued to make unjustified demands for payment, in breach of paragraphs 2.6h. and 2.8i. of the OFT Debt collection Guidance.

3c.

Both you and your client have communicated with me in a manner which presents information in such a way that it creates a false or misleading impression, and exploits my lack of knowledge, for example, my lack of knowledge of the law in relation to your own. Specifically, I am referring to your letter dated xxxx in which you state that the issue of court proceedings will mean that the amount I owe your client will increase. You also state that I can stop the claim being issued and the debt increasing by paying in full now. I consider that this amounts to unfair business practice, psychological harassment and a misrepresentation of the correct legal position within the terms of paragraphs 2.2b, 2.3, 2.6f, 2.10a, 2.10b of the OFT Debt Collection Guidelines.

3d

I also consider your client’s actions amount to psychological harassment within the terms of section 2.6h. of the OFT Guidelines, in that your client has ignored and disregarded the fact that I have reasonably queried and disputed the debt.

3e

I also consider that the way in which your client has exercised his rights under the agreement amount to an unfair relationship in terms of section 140 of the Consumer Credit Act 1974 as amended by the Consumer Credit Act 2006.

4.

As the solicitors acting for ARC (Europe) Ltd you will be aware that the credit card agreement between Egg and myself is governed by the Consumer Credit Act 1974, therefore I would be grateful if you would indicate to me the relevant section of the Act which provides Egg with legal entitlement to terminate my Egg agreement with effect from 6th March 2008.

5.

In the event that this matter is put before a court I will draw the court’s attention to the manner in which Trevor Munn Solicitors have dealt with the dispute between Egg Banking plc and myself, particularly in relation to,

The Consumer Credit Act 1974,

The Data Protection Act 1998,

The Office of Fair Trading Guidance on Debt Collection and Unfair Business Practices (Updated December 2006),

The Solicitors’ Code of Conduct 2007,

The Credit Services Association Code Of Practice.

 

I am confident that Egg, or the parties acting on behalf of Egg will, as I will, provide to the court full records of the matters to which I have referred, including copies of my letters xxx to xxx.

 

 

Yours faithfully

 

 

 

That will keep them quite for a while, then they will probably pass the case on to another DCA - for example Cabot, and the ball starts rolling again. My debt was about £13,000, so it is worth writing a letter every now and again to keep them off my bat. And remember, it was Egg that acted outside the provisions of CCA 1974, not you.

 

Regards

[HP Mum]

Thank you Toymaker - I already sent T.Munn this template letter in mid November !!

I will re-send it by special - again - today.

My balance is much lower - but still high for me...

[HP Mum]

Now I am really angry with ARC.

 

On 19th I specialed - for the 2nd time - to Arc and TM letters stating that I will only communicate with Egg (as per template letters above). And guess what - Today I just received a text from Arc .

 

I have never spoken to them, never given them my mobile #, and catagorically told them never to contact me again. They have blatantly ignored my letters and threats to report them.

Their text reads:

"Hi xxx. Its Jo again. You must call me URGENTLY to stop further action on your account. Call me on xx and quote ref#..."

LizS - any further thoughts on this ??? I sent your threatening letter and it doesn't seem to be working

What do I do now ?

Anyone else had this message ?

 

To clarify - This is the letter that was sent to Arc:

 

Thank you for your letter dated xx/2009.

 

There is currently a dispute between Egg Banking and myself regarding matters arising from Egg's termination of its contractual agreement with me.

 

For two organizations - Egg and Arc - to pursue an alleged debtor simultaneously is harassment and a breach of your Trading License under the Office of Fair Trading Regulations.

 

In view of the above, I will only communicate with Egg and only by correspondence.

 

Further, you are instructed to desist from making telephone calls to me.

 

You are to consider this letter a formal complaint of your conduct, to which I require a written explanation of your conduct within the statutory time period.

 

If you fail to comply with my instructions regarding method of communication, and if your response to the complaint contained hereunder is unsatisfactory, I shall immediately make a complaint against you to the OFT and FOS for the purpose of invoking financial sanctions and of having your trading license revoked.

Yours faithfully"

 

 

 

 

And this is the letter that was sent to Trevor Munn:

Thank you for your letter dated xx09.

There is currently a dispute between Egg Banking and myself regarding matters arising from Egg's termination of its contractual agreement with me.

With reference to this, I have attached a copy of a letter sent to Arc, dated xx/09.

and a copy of my letter to Trevor Munn, dated xx/09.

To clarify, I will only communicate with Egg and only by correspondence."

 

 

[diddydicky]

havn't got time to re read the whole thread BUT if arc are acting on behalf of egg then you should deal with them

 

IMO you have no more right to bypass eggs appointed representative than they have to bypass anyone appointed to act on your behalf !!

[alisindebt]

 

Hi

 

I didn't have time to look through your whole thread, but I note a few things that may help. By the way, I won against Egg previously and also Lowels/MBNA. No, I am not an "expert", just someone who would not take no for an answer and won. I live abroad now. You can trace how i took them all on and won by searching my posts on here.

 

First, if there was any kind of dispute with Egg prior to the account being passed on to these monkeys then it should not have been passed on.

 

Personally, I used this template to write to the various DCAs that Egg triend to set onto me:

 

Originally Posted by Prior dispute with OC

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

I refer to my letter of **DATE** a copy of which is enclosed for your perusal and ease of reference.

 

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with **BANK ** prior to your first contact with me, and has yet to be resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.

I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

 

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.

 

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

In addition, once you dispute an account they are not allowed to ask for payments or register details with the credit reference agency (although, of course, they do).

 

One way to buy time is to ask for a true copy of the CCA (consumer credit agreement) that applies to your account.

 

Try this letter. It is really great as it also asks for additional information that most people to not request i.e. Copy of the executed deed of assignment from (original creditor) and (DCA).

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxx

YOUR REF: xxxx

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

 

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

For the sake of clarity, may I also draw your attention to the following:

Consumer Credit Act 1974 s.175

Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

1. True copy of original signed executed credit agreement

2. FULL Statement of account

3. Copy of the executed deed of assignment from (original creditor) and (DCA)

4. A fair processing notice.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

I look forward to hearing from you within the statutory time limit.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

You will find many points of view here, none particularly right or wrong just the different ways that people have gone abut taking these people on.

 

If you look through my threads you will see that some people have disagreed with me, some have said thanks. The point is, that I responded to aggression from Egg and others, including their debt collection agencies, and won.

 

I hope this helps you. I got lots of help on here and made a donation to CAG when i won my cases. I hope you get the help that you deserve here.

 

Remember debt is a passing phase. It will not be with you forever. I now have a debt free lifestyle and hope that you can also be in the same position very soon. Good luck.

[pumpytums]

 

A bit late I know, I had exactly the same text and to date guess whats happened absolutely nothing! They keep threatening everything and doing nothing. I am however expecting a pleasant letter from their new DCA of choice. They cannot be bothered to send me my complete SAR, even after numerous letters so I'm no longer acknowledging any drivel from their random dca's.

 

Pumpytums