Really Need some advise on how to proceed with EGG and capquest

[alix2]

My wife has a debt with EGG credit card

 

when it defaulted they passed it to keepe and partners solicitors

my wife set up a payment arrangement with them and was paying

 

they passed it to capquest and she continued to pay them every month on time but was £40 a month

a few months ago they rang asking for more so she upped the payments to £50 a month

(she only works part time and a few days a week).

 

Today we got a letter from a DCA called scotcall with whom we have never had any correspondence

before saying that the debt is now with them

and if she doesn’t make payment or contact them in 7 days they will send a rep to our house.

 

What is the best course of action with this as I am sick of her debt being passed around when she is making payments?

Please help many thanks

 

ps she just payed capquest £50 yesterday

[Seminole]

What is the total outstanding amount of the debt?

[alix2]

about £1400

[Seminole]

I'm puzzled by this. Scotcall are a fag end debt collector who only tend to get involved with debts that other DCAs aren't able to get anywhere with. Mind you Capquest are capable of anything.

 

I'm guessing that Egg has assigned the debt to Capquest and they now own it. You could make a Subject Access Request and obtain details of how the balance is made up. At the same time write to them and ask why they have involved another DCA. Under no circumstances should your wife pay more than she can reasonably afford and don't allow these bullies to intimidate you.

[alix2]

thanks very much for your reply can she make a Subject Access Request to capquest or EGG

 

Many thanks

[ajjars]

alix2,

For what it's worth I had a debt with orange (long story!) but it was passed to scotcall and as soon as I sent a CCA request - scotcall wrote to me and said they had passed it back to orange. Not heard from orange yet, but if i do i will send them a CCA too. I read on another thread of someone else doing the same to scotcall and they wrote to them saying the same (debt passed back to original creditor). Have you sent egg a SAR? There must be charges to reclaim if they have passed the debt over to a DCA. I would CCA scotcall and send egg a SAR requesting your statements, then claim for the charges back. should reduce the debt and then you can make an arrangement with them to pay off the balance (if there is one).

 

Hope this helps! ajjars.

[alix2]

thanks for your answer but also can I send a SAR to a DCA as my wife has been paying and has not kept reciepts of postal orders (silly i know) just so the debt collectors have to show what she has paid so far?

 

many thanks

[ajjars]

hi alex2

 

I suppose if this debt was sold to the DCA you would need to SAR them to find out what has been paid etc but if they were only acting for egg, I would just SAR egg. DCA's are not very good at coming up with info and sticking to timescales. I would definately SAR egg though. Hope someone with a bit more experience can answer more thoroughly though ......

Help someone please!

 

Ajjars!

[alix2]

sending scotcall CCA today lets see what happens

[alix2]

hi guys scotcall have signed for details on 02/03/07 and we havent heard a peep from them yet. wife has also reminded me that the EGG account was opened online and she cant remember signing anything does this change anything ?

 

please help many thanks

 

any ideas about the online thing please

 

many thanks

[s10owl]

I have two "large" debts to EGG and these were handled by Cap Quest, I recently managed to get them to read my letters and agree an affordable offer of monthly payments. start date 1st March. The march payments by cheque were debited from my account yesterday and low and behold today I recieve letters for each debt from Scotcall demanding full repayment within 7 days or a door step collector will call.

 

So who do I owe money to know????

 

Should I send CCA requests ????

 

I am thinking of writing to both CapQuest and Scott Call and stating that i will only pay and communicate with the organistaion that can prove they have been assigned the debt and can produce a copy of my original CCA.

 

Advice needed Please

[alix2]

I have only sent one to scotcall and will work down line from there as my wife was paying off all the time then debt was passed on that is what annoyed me. On the other hand I have had debt collectors give up when they cant get the money out of me. Seems like when you pay them that gets them going like a bunch of wolves that smell blood but when you don’t pay they seem to run off with their tail between their legs.

 

still awaiting anything from scotcall from the cca req .. not a peep yet the ball is in their court and the clock is ticking

[pmhcfc]

still awaiting anything from scotcall from the cca req .. not a peep yet the ball is in their court and the clock is ticking

 

YOu'll hear nothing from this lot....

[kennyparkroad]

any ideas about the online thing please

 

many thanks

 

 

have you done anything about the online thing yet?

 

if not, send them the CCA, the cant produce anything then they are toast!

[alix2]

Hi guys still nothing from scotcall, so what date do the officially default and what date is it a criminal offence as they signed for it on the 02/mar/2007... also as pmhcfc says I don’t think we will hear anything but you never know. Also if they go into the default stage then committing an offence what do we as a consumer do. and is there a letter for such a thing? Also if the cant prove the debt and pass it back to the original creditor (as I have seen on many a post) can the original creditor sell it on again? Sorry I am still learning on this

 

thanks for all your help

[gemspan]

Hi Alix2

 

I'm sorry to hear about the problems you are having with this debt. I am suffering the same fate with a BT bill that I have disputed. They have sent that to 5 DCAs to collect no less.

 

Anyway, here's the lowdown!!!! If Scotcall are the ones who are chasing you, you are quite right to have sent them a CCA. If they dont comply within the regulatory 12 working days then the debt becomes unenforceable until they produce a copy of the original credit agreement. Thereafter, they have a further 30 days to produce the agreement, after which time they have committed a criminal offence and you can contact trading standards and all the relevant authorities to report them.

 

The debt is then unenforceable without a court order (and this is the bit I am a bit sketchy on!) even if they do produce the agreement!!! Somebody can probably clarify that for me too!!!

 

Now - and here's the good bit for your wife! - after the 12 day period is up , write to Scotcall and advise them that as they have defaulted on the deadline the debt is now unenforceable and you are stopping all payments. At this point ask them to remove any defaults registered against you (they dont have the agreement so they dont have the authority to do this!) or you will take them to court.

 

After the 30 day period is up you can report them to the relevant authorities.

 

I hope this sets things straight for you and your wife. I am a little uncertain about that one point though.

 

Also, Scotcall told me they would call at my house and I informed them that if they did I would get the police as they have no court order authorising them to do this.

 

Good luck

Annie

 

PS: Also have a look at the "Legalities" forum regarding any defaults you have registered against you. You will get lots of information there.

[tiglet]

Sorry, I'm afraid I have to disagree with Gemspan - don't call them once the 12 working days are up. They know the law and what they have to do. Let the 30 calendar days expire, which means if they then attempt to enforce payment without a court order they have committed a criminal offence.

 

I know if seems like the best thing to do when they default is to contact them and try to get the situation resolved quickly, but I think you need to give them enough rope to hang themselves with. If you call them after 12 days, reminding them in fact of what they have to do, they could still produce the agreement within the additional 30 days. That wouldn't necessarily be in your best interests.

 

So, hang fire and wait for them to get back to you. If they do make contact, IMO, best thing to do is post on the thread and see what advice you get.

[gemspan]

HI there

 

I didnt say to call them. I said to write to them advising that as they have defaulted you are no longer making payments. I personally think this is the correct thing to do because you are letting them know the reason why you are not making payments and this is the advice given on many threads I have read.

 

If they have the agreement, they have the agreement and it will be produced. However, if they dont have the agreement (which is likely to be the case!) then you are effectively advising them why you are not making payments to them. I think this is the best way to do it because, if the matter ends up in Court then at least you have kept in touch with the DCA and given them every opportunity to comply with the Law.

 

At any time, if the agreement is produced and it is a valid, properly executed agreement, the debt will have to be paid. The way that you are advising looks as if the debtor is just forgetting about the debt and is unaware of the law.

 

I personally think it is best to keep them informed of why you are doing things at all stages. If you dont want to do that then of course that is fine but it wouldnt be me because I would be thinking about what may happen if the agreement is produced.

 

Just my thoughts, for what its worth. !!!!!!!

[tiglet]

Sorry gemspan, you did say write - My mistake.

 

I have read a lot of times on this site that it's best to allow the DCA the further 30 days to potentially commit a criminal act if they continue to chase for payment - perhaps a Mod can say whether they think this is the case or not.

 

I am not suggesting that this is a way of avoiding a legitimate debt HOWEVER, DCA's are not acting fairly in a lot of cases, and without the CCA they're not even acting legally (IMO) so if people continue to act in a way which forces them to comply with the law, and potentially lose money if they don't, surely this can only be for the good? If this means a certain number of poeple getting debts "written off" until such time as DCA's clean up their act, well, if everyone paid up, no questions asked (and none answered) would the DCA's actually decide to abide by the law under their own steam?

 

It's worth thinking about.

[gemspan]

Hi Tiglet

 

I think you're right. However, in my case, I just feel better writing to them letting them know that they have defaulted! If they have the agreement it will be produced then. If they dont then at least they know that I am aware of the law. If the matter did get to court at least Id be able to prove I gave them every chance.

 

My feeling is that if they havent produced the documentation within the 12 days, the chances are that they dont have it at all!!!!

 

I have been suffering financial difficulties since BOS started whacking charges on my account back in 2005. I only found this site in November 2006 but what a change it has made to my life. I feel empowered now and able to deal with these people on an even playing field.

 

I know that for some folks this just isnt the way they would deal with it and that is absolutely fine. I respect that. I just find that the fact that I write to them gets them even more flustered when they cant produce the documentation!!!!!!

 

Take care

Annie

[alix2]

Well still nothing and thanks for all the help they default tomorrow I think so I will write to them once more in about a weeks time and see what happens

 

Many thanks

 

alix2

[pmhcfc]

Well still nothing and thanks for all the help they default tomorrow I think so I will write to them once more in about a weeks time and see what happens

 

 

Many thanks

 

 

alix2

 

Why write and remind them they're breaking the law? LEt it go another month before you tell them

[alix2]

Am I working this out correctly please

Signed for on 02/mar/07

Default will be on 21/mar/07

Criminal offence committed on 20/apr/07

ps still no answer and I haven’t sent any letter yet

[pmhcfc]

Am I working this out correctly please

 

Signed for on 02/mar/07

Default will be on 21/mar/07

Criminal offence committed on 20/apr/07

 

ps still no answer and I haven’t sent any letter yet

 

Sounds about right to me

[allykat]

Hi Alex2

 

subscribing to this if you don't mind

 

Really interested to see how this goes as my debt with natwest has been passed around the DCA's too...whether I paid anything or not! Tis very annoying when they do this.

 

 

Anyway, best of luck to you, I hope the 30 days pass