Egg/DLC Debt Collectors

[bradkb]

Long story, but about 3 years ago I ran a business, it almost went bust, but very almost bankrupted me, as well as bouncing DDs, then Credit Card companies and banks slapping charges, and making things much worse. Egg defaulted me and passed the account over to DLC collections.

 

I have been paying them £100 per month since, and not missed any, every couple of months we go through a weeks worth of constant calls, so bad that this time we had our number changed as they were ignoring letters saying only in writing.

 

Last week recieved a letter saying "Contact us on 0870 XXXX immediately"

 

I wrote a letter back stating under xxx act (wireless thingy) etc.. that I would only conduct in writing, and any further harrasement I would take action on.

 

Today received a response.

 

Dear XXX

 

Ref : EGG/xxxxx

 

Thank you for your recent letter dated 18th May and we not your comments.

 

We are aware you have been making payment of £100 per month towards the account however, you were previously advised on the 23rd of February that this would only be accepted for a further 2 months upon which we require payment in full.

 

Failing this in view of the fact that you have been paying the same amount since August 2004 we require a substantial increase.

 

I look forward to your response within the next 7 days.

 

Yours....

 

Now previously (last year) I was an IT Contractor, took it to get as much money as possible to pay off my debts, got it down from over 25k to just under 9k in a year. Recently for a sense of security I have gone for a permanent role, much better hours, less travelling, but about 55k less per year. I can continue to afford £100 per month, but nothing more.

 

I am about to enter a dispute with Egg over the amount because of charges, sent the DPA request, so can they force me to up the payments? Can they force a full payment?

 

I was going to respond asking if they purchased the debt from Egg, if they did not then I will no longer deal with them and will only deal with Egg, and continue to make repayment to Egg and as I will dispute the amount I am not in the position to settle, nor am I am any position to increase payments.

 

I have 2 answerphone messages each a day apart insisting I ring DLC by close of day as the matter is urgent, I was away last week on business and they rang every day that week until our number finally changed on the Friday.

 

Any advice more than welcome.

 

Brad

[jonni2bad]

Hi Brad

 

I am about to enter a dispute with Egg over the amount because of charges, sent the DPA request, so can they force me to up the payments? Can they force a full payment?

 

The only way they may be able to 'force' a change of payment is via a court action. If they were to choose this option, it would be for the court to decide what amount you were capable of paying, based on an income/expenditure questionnaire.

 

I have my own 'version' of this if you would like one. It might help you to see how payments to creditors are apportioned. Anyway, I digress....

 

Likewise, full payment would have to be by court order, but as per above, if you haven't got the money, the court can only act with what you have.

 

A fair and reasonable attempt to make payments will always mean that the court would frown on a DCA or creditor that then involved it.

 

I was going to respond asking if they purchased the debt from Egg, if they did not then I will no longer deal with them and will only deal with Egg...

 

There is no use if this - even if they haven't purchased the debt, they've been instructed to deal with it, so Egg may not even discuss matters with you directly anymore.

 

...I have 2 answerphone messages each a day apart insisting I ring DLC by close of day as the matter is urgent, I was away last week on business and they rang every day that week until our number finally changed on the Friday.

 

Any advice more than welcome.

 

You've already told them - in writing - that they should not contact you by phone. This is now harrassment. You should make an official complaint to the OFT.

 

If you receive a telephone call in the mean time, have this with you and quote the following...

 

"I am now taping the rest of this conversation: (Pause for effect) and I am putting you on notice that I intend reporting you to Trading Standards and The Office of Fair Trading, under Section 40 of The Administration of Justice Act 1970, for Harassment. Furthermore, I will from this point on, only communicate with you in writing and if I receive one more telephone call from you or your organisation, I will see that you face criminal proceedings under Section 2 of The Protection from Harassment Act 1997 - and before you say anything further, you may be interested to know that your consumer credit license will not protect you from prosecution. Are we now absolutely clear on this matter?"

 

If they don't end the call themselves, simply hang up. If you have any way of recording calls, do so.

 

Also, taken from the CCCS website......

 

 

It feels like my creditors are harassing me, what are my rights?

 

It is often difficult to know what to do when you feel a creditor is not dealing with your account fairly. If you do not pay, your creditors are allowed to keep reminding you from time to time but they must not act illegally. Many activities could be classed as harassment but this is often difficult to prove. It is important to note that 'anything done by a person which is reasonable' when trying to recover a debt, is not considered to be harassment.

Guidelines have been put together by The Office Of Fair Trading giving guidance on what activities may be considered as harassment and should therefore be avoided by creditors.

Creditors are warned by the Office Of Fair Trading that they should not: -

• Bring unreasonable pressure to bear on you in default of payment

• Falsely claim that criminal proceedings can be brought for non-payment

• Falsely imply that they may legally seize property or take other action without going to Court

• Impersonate a Court or any other official person, by letter or by telephone

• Make nuisance visits and phone calls, or use abusive or threatening language in person, by letter or by telephone

• Leave messages for you to contact someone urgently with no explanation

• Contact you at work, or the customer's employer with intent to create embarrassment and create fear of dismissal

• Wait outside work on payday

• Park outside your door in a vehicle marked 'debt collectors'

• Call on the neighbours, pretending to believe the neighbour is you

• Send insufficiently addressed postcards

You cannot be prosecuted in the Criminal Court because you have not paid a consumer debt, but some creditors may try to make you think you can, this is also illegal.

If you feel you are being harassed, you may take the following action:

 

The first step is to write to the creditor and outline your concerns regarding the company's behaviour. Inform them that you are familiar with the terms of Section 40 of the Administration of Justice Act and ask that the creditor take steps to avoid similar occurrences in the future. Make suggestions as to how you would prefer to be contacted by the creditor and ask that they confirm their agreement to this in writing.

 

However if you do feel the need to make an official complaint regarding a creditor, this should firstly be made to your local Trading Standards Officer. If Trading Standards will not act it may be worth contacting the Office of Fair Trading.

 

I hope this is of help to you Brad, please don't hesitate to ask further questions. Other members of the site are trained debt counsellors and I'm sure will pick up on this thread soon.

 

John

[Nightmare4banks]

Hi all!

 

I have had a very similar experience with "Humpty Dumpty" as well!

 

Basically,Egg defaulted me for an amount including unlawful fees,useless expensive PPI and have instructed Credit Solutions Limited based in Surrey to hassle me with calls.

 

I have:

 

1.written to Credit Solutions about hassling me(I must admit it did not refer to Section 40 etc) but they still take no notice.

 

2.also I have sent them a £1 to find out if they have bought the debt off of Egg but they write back with a different reference number and totally ignore my request - a criminal offence as the 30 days have since lapsed.

 

3.have logged a complaint with the OFT and told Egg about it - the calls have decreased - instead of daily now twice a week.The objective is to exhaust the debtor into paying up rather sort out the correct amount in an amicable manner.

Credit Solutions ring my mobile number and I just ignore it because otherwise they would drive me mad - I would fall into their trap.

 

4.recently started the ball rolling in challenging the default that Egg has put on my credit file.My argument is that if the default is there due to unlawful fees and any other disputed amounts it should be removed,replaced with the correct amount owed if any and (me) compensated under the 1998 Data Protection Act.

 

5.decided to sue "Humpty Dumpty" and the DCA for harassment and mainly for not trying to deal with me in a sensible human manner but think they can rip me off,drive me up the wall with calls and me stay silent about it.

 

You must be joking!

 

I hope any of you folks my find experience useful.

 

I will keep you all posted.

 

If you have any questions,just ask.

 

All the best!

[bradkb]

Sent a letter to DLC, including a DPA request as for the time they have been dealing with the debt (since august 2004) I have not had a single statement.

 

Also sent DPA to egg, they tried the stall tactics of please send a copy of utility bill/credit card statement to prove its you, which I have done.

 

My main gripe with Egg is they are the only one that registered a default against me, I then started IT contracting as a way of paying off my debts.

 

However last year I went for a 12 month contract at one of the banks, had the interview, then offered the job paying £415 a day, then got the offer widthdrawn after a credit check, you guessed it - Default registered from Egg.

 

Anyone know where I stand on this? Could I also include that for damages?

[blackrain]

Just got my first call from DLC and they said 'It is urgent we speak to you before close of business today'. They didn't say who DLC were or why they were calling. (I know it's because EGG handed over my card to them). So in their first call to me they have already broken a guideline.

 

Now I also told EGG everything must be put in writing. I am presuming I will have to do exactly the same again with DLC? No problem.

 

I think I will be investing in some recording device and keeping a diary of everything they do or say.

 

Good luck bradkb. Love the info Jonni2bad. Makes me feel quite empowered for when I speak to DLC. Already prepared to go to court to have my repayment levels set if they won't accept my offer each month.

[blackrain]

Wow! Just realised how old this thread is. Guess bradkb might not be reading it still. If you are. How did you get on with DLC in the end?

[still-learning]

mm

[blackrain]

Thanks, Still Learning. Your reply isn't showing here but I got it in my Hotmail. Your experience is invaluable. I will add that to my arsenal which is already pretty big to deal with DLC. I don't think Egg can afford to sell big debts on as they are struggling financially.....maybe they should try and imagine how that feels to their customers.

 

I'm not scared of them. Which is odd because I would have been. But nah. Seriously what can they do? harassment? Bring it on. I'll sue.

 

Will start a thread as things happen to keep people updated on anything I learn.

 

Still Learning? Yep, me too.

[gingypingy]

I really need some help. My egg card account has been handed over to DLC. I have spoken with them over 4 times in the last 2 weeks but they refuse to take a payment saying I have to pay 10% of the debt, which is £750 or 5% over £350. I have tried telling them that if I had that kind of money I wouldn't be in arrears! They say because I own a flat they can take the equity if I do not pay atleast the 5% every month. I am actually in the process of selling the flat, it has fallen throught 3 times which has delayed us and cost us money we can't afford. We were planing on paying our arrears with the little money that would be left over after the estate agents and solicitors take their money. What actual rights do they have and surely they should be accepting a payment plan from me? I can pay say up to £80 a month and then maybe more when I move out of London ( spending over £250 a month on petrol at moment and the new rent will be £300 less than the current mortgage)

PLEASE PLEASE HELP!

[blackrain]

DLC from my experience and understanding DO NOT OWN the debt. Therefore they have zero powers. They can't initiate court proceedings. They can't do anything.

 

They have refused my payment plan until I give them income/expenditure. But I made token payments anyway so that if it ever goes to court I can show I was willing and it was them that refused to negotiate.

 

If you can pay £80 a month you could send it anyway but don't pay what yuo cannot actually afford.

 

They will threaten you with 1. court proceedings (they can't only Egg can start that). 2. Visiting you at home to work out a payment plan (ooh scary, just tell them to go away and you are only willing to deal with them by written correspondence - if they refuse then call the police for trespass and harassment). 3. to hand your info over to a debt investigation agency (this is quite funny, what on earth is a debt investigation agency? Anyway, your credit agreement ended when Egg defaulted you. DLC do not have your permission to process your data).

 

Get in touch with NationalDebtLine or CCCS. They are very very good and offer free advice on debts. They can help you work out a payment plan with DLC. Good luck

[gingypingy]

Thank you for the quick reply. It has made me feel a bit better about the whole thing. I will do as you say and make a payment whether they like it or not. So when they say in 28 days if I haven't paid the full 5 or 10% they will take me to court , they can't actually do that?

They haven't even asked for a list of my outgoings etc just keep saying I HAVE to pay the amount they are asking for, they also expect the 5% every month not just as an intial payment. By the way would it be better to pay Egg the £80 or DLC?

[blackrain]

You can't pay Egg anything as they have passed it over so unfortunately yo have to deal with DLC.

 

1) Find out for definite if DLC actually OWN the debt. I'm about 99% certain that they will just be collecting for Egg. If that is the case then NO they can't bring court action. In fact they can't do anything. Although they will want you to believe they can.

 

2) It's entireley up to you whether you make a payment but it might look good depending on future developments. ie if Egg do take you to court you can show willing.

 

3) This I think is quite important. Stop talking to them. Write to them and say you will ONLY deal with them in writing/email. This way you can at least have a record of what they they have said and you post all yours by recorded. Remember they can make promises or say things over the phone that later they can deny. Get it all in writing. They said I didn't respond to a letter but I had an email from them contradicting this. If it had been a phone call then I wouldn't have been able to prove it.

 

Above all, don't get too stressed. These people have NO powers whatsoever. And please remember you owe money that's it. Look after your health and your family. These people will threaten you in any way they can think because they are desperate. Be polite and tell them to go away.

 

If they are phoning then tell them to stop or you will report them under the Wireless Telegraphy Act 1947 for harassment. If they continue change your number and phone the police. I hope you get on ok. I'm sure you will but also chck your charges. You could do a claim against Egg back.

[blackrain]

Actually I should have said. If they don't own the debt then they shouldn't be threatening things they can't do.

 

It's against the law for debt collectors to pretend they have more power than they have.

[blackrain]

Sorry to reply again! Seminole gave a great answer to a thread. I have taken a lot of strength from this. Click here.

 

http://www.consumeractiongroup.co.uk/forum/general/10802-debt-collectors-what-can.html

[gingypingy]

Thank you again for all your advice. So to find out if they have bought the debt do I just phone DLC or EGG? And will they tell me the truth?

Also what is the next step if i want to claim back my charges from Egg? Do they actually pay you them back? Do you mean charges like late payments etc?

Sorry for all the questions, I just feel more confident to deal with these things when I know what's what.

Thanks Charlotte x

[blackrain]

You can claim overlimit charges and late payment charges. You will need to follow the procedures and send your £10 to Egg with a request for the last 6 years statements under the Data Protection Act. Then tot up the charges. The templates for the letters are in the Bank Templates bit of this site.

 

I'm not entirely sure who you should ask about the debt but you could try Egg first. I'm fairly certain they don't sell to DLC but there isn't a lot about this bunch on the site.

 

As for your other question, do they pay out? Recently they went ot court and lost. Judge said the charges should be £5 max. I don't think they were very happy. That said, they are a tough bunch to crack (no pun intended) but stick to the procedure and you should be ok. Good luck!

[gingypingy]

Ok here's another question!

Tomorrow I will make a last call to find out about whether Egg have sold the debt or not then I shall write to them as you suggested. So if I write to them saying I only want written correspondence from now on and that I am willing to pay £80 a month and will make a payment regardless. What then? Do I just wait to hear from them? Has anyone has any luck sorting out a payment plan that is reasonable without going to court?

[blackrain]

Not sure about how lucky you will be sorting out plan. They seem generally to keep on sending letters. They did stop phoning me though after my letter asking them to put everything in writing. You could also email as this way you can save the replies. They replied to a mail saying 'thanks for the payment' and then posted me a letter saying they hadn't heard from me. I could now prove otherwise.

 

If you wish to give them your income/outgoings it may help, but by sending payment you will be showing a judge later on that you have been wiling to pay something toward your debt. If you can show Egg/DLC you can't pay anymore then I would think it unlikely they will take you to court but please remember my advice is only from experience and shouldn't be taken as gospel. I would recommend starting your own thread in the Debt and Bailiff Forum. You will get much more response from others. There is so much info here to help.

 

Best of luck.

[gingypingy]

Hi just wanted to say thank you for all your help, DLC agreed to my payment of £50 a month, well for the next 3 months anyway but how great is that, takes the heat off. Thank you for all your advice I couldn't have done it without it xxxx

[blackrain]

No problem. Nice to give some help back. Did you give them an income/outgoings?

[gingypingy]

Yes I did. I basically wrote to say that there was no way I could pay the £350 plus they wanted and had just paid £50 and would they accept it every month. Also included my incomings/outgoings to show I can barely afford that. And said I only wanted contact via email or post. It worked immediately. So I have 3 months grace atleast and by then my circumstances should have changed so I can raise the payment.

I have a debt with Mercer's aswell who are working on behalf of Barclay's, they phone about 10 times every half an hour so I sent a letter to them aswell asking them to stop doing that . They also text me saying I have to call then urgently. So I will see if that works.

[Guest The Terminator]

Both DLC and Mercers are dormant companies see thread on debt and baliff advice.

[blackrain]

sorry to sound thick but what's a dormant company? Which thread?

[blackrain]

Ignore, I found the thread. interesting. Not sure how much it really means in the whole scheme of things though. Eventually DLC give up or Egg get narked and pull the debt back and then issue court proceedings to get attachment of earnings or whatever. They are in a big financial mess and I would think that Egg will try to get as much back as they can any way they can. Although I have managed to avoid DLC for last two months quite easily while I prepare for bankruptcy.

[bradkb]

Well I managed to get DLC off my back, I sent a letter saying no more comminucation by phone and no letters demanding me to ring, I also said in my letter that the amount owed to egg was currently under dispute and as such I legally did not have to pay a penny, but as a gesture of good will I would continue to keep up my installments. Nothing heard from them since.