EGG - Offered to pay charges but won't remove default

[Ginger66]

Hi,just wondering if anyone has any advice.Basically i owe EGG for a loan of just over £1600 and received a default notice for the debt.I wrote to them asking to remove or send me a copy of my default notice as the penalty charges on the account contributed to my default.

 

The reply was "in respect of your request for a copy of the default notice,whilst we are under no obligation to provide a copy of this default notice.I have enclosed a copy of the computer screen confirming details of it's issue and it has been registered in accordance with the correct procedure". This can't be right can it?

 

The charges that i reclaimed was £884 which they offered in full after only 4 days of sending the letter.I am still to accept this as i want my default removed.

 

Should i take the charges of £884,pay the rest of the debt off in full or should i hold my ground and refuse the charges saying i also want the default removed? I did put this on the original letter to EGG when i claimed the penalty charges back.I also called EGG who said i would have to contact a solicitor,they cannot remove a default notice.They said they could send a standard copy of a default notice.I personally don't think they have a copy of mine.

 

Thanks for your help in advance

[powelll]

They only have to confirm that the default notice was sent to you - they don't have to prove you received it. If you were in default of the original loan agreement you signed for ( have you CCAd them? ) then they can issue a default notice. If part of the debt was made up of charges you can claim these back but to some extent it's a separate issue.

 

If the whole debt or most of it was made up of illegal charges then you could go the route of claiming these back ( as you have done ). However they could still argue that you were in default of the original agreement in terms of payment amounts and dates etc.

 

If you are unhappy with their response to a complaint relating to credit referencing you may want to take it up via the Information Commissioner's Office:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Tel: 01625 545745

Fax: 01625 524510

E-mail: mail@ico.gsi.gov.uk

Website: www.informationcommissioner.gov.uk

 

Hope this helps

[rory32]

They only have to confirm that the default notice was sent to you - they don't have to prove you received it.

The actual wording of section 87(1) is "Service of a notice on the debtor or hirer....."

 

Section 87 & 88 of the 1974 Act provides for the sending of default notices and allows regulations to be made specifying the form and content of these notices. The Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 prescribe the form and content of these notices.

 

The default notice must contain all of the necessary information which includes

• a statement saying the notice is a default notice served under section 87(1) of the 1974 Act
  
• a description of the agreement
  
• the name and address of both the debtor and the creditor
  
• details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;
  
• a statement saying: if the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of that breach
  
• a statement saying: if you do not take the action required by this notice before the date shown then the further action set out below may be taken against you
  
• a clear and unambiguous statement saying that if the action is not taken by the date specified, what it will do (for example, if will it terminate the agreement)
  
• if the agreement is one of hire purchase or conditional sale, a statement saying: but if you have paid at least one third of the total amount payable under the agreement set out below (or any installation charge plus one third of the rest of the amount payable). The creditor may not take back the goods against your wishes unless he gets a court order. (In Scotland, he may need to get a court order at any time.) If he does take them back without your consent or a court order, you have the right to get back all of the money you have paid under the agreement set out below
  
• if an amount of money is required to be paid, the amount before deducting any rebate on early settlement
  
• statements saying:
  if you have difficulty in paying any sum owing under the agreement or taking any other action required by this notice, you can apply to the court which may make an order allowing you more time
  if you are not sure what to do, you should get help as soon as possible. For example you should contact a solicitor, your local trading standards department or your nearest citizens' advice bureau

Also as of 1st October 2006 the period of notice to remedy the breach was increased from 7 days to 14 days from the date of service of the default notice. The CCA quite clearly states that the creditor shall not take action such as mentioned in s87(1) before the date so specified or before those 14 days have elapsed.

 

If the default notice does not contain this information it is legally invalid.

[meshi]

they have to produce the default notice (if they still have it on their computer) if you send them a subject access request

[rory32]

They still have to produce it whether you send them a SAR or just a letter requesting it. The wording of s87(1) is very clear, the emphasis is on the creditor to prove it was served.

[mcfadzean1]

i see your good at default issues rory can you take a look at mine please ? i never got one but done a credit check and there it is in black and white