EGG agreement

[sam]

Re: EGG agreement

Hiya

Regards to the template - you need to send it as is. Obviously check over it first and see it is all relevant. You're right, it doesn't mention approved limit - however letter templates are just that - templates! Means they suit all scenarios. Therefore the lack of the correct wording means the prescribed terms were not intact meaning you send the template I linked you to.

Regards to the HF / Barclays debt - see here for a similar story (ie claim stayed) as it will help you out: ---> viewtopic.php?f=59&t=705

Pay attention to the following point I made to transformer:


I'd read through that thread, its not too big - and pay attention to the last 2 pages (page 5 & 6) as this is the most recent and explains in great detail what a stay is and what you do when you get one - ie nothing!! Unless of course you wish to accept their 10% repayment offer in which case you do not need to do all that! Let us know please?

Well done on the change over:-)

Some posts missing of here but nothing of any interest except I sent the letter as you said Niddy.. Lets see what comes back now..

[Never-In-Doubt]

Re: EGG agreement

Best of luck, keep us updated.

Missing info was explained here: ---> http://forums.all-about-debt.co.uk/s...59&postcount=2

You need to go back to the old forums and copy the info you want as we lost a few days...

[sam]

Re: EGG agreement

Reply from Lowells:-

Your comments have been noted and we have again queried these with Egg.
We will advise you of their response upon receipt.

[Never-In-Doubt]

Re: EGG agreement

Reply from Lowells:-

Your comments have been noted and we have again queried these with Egg.
We will advise you of their response upon receipt.

Ok, so you sit and wait then.....

[The Debt Star]

Re: EGG agreement

Hi. A lot of this might not apply to you so pls disregard if so. I have had a lot of dealings with Egg and want to share the fruits of my hard earned wisdom (!) with other fellow Eggsterminators.

Egg let CapQuest administer the account and I paid CrapQuest regularaly until spring last year.

I then did a CCA and got one of the Approved Limit CCAs back. A 2005 Egg Consolidation Loan agreement, that I defaulted on in 2006. The Loan had consolidated an Egg credit card and earlier Egg Loan.

I disputed the account on the usual uneforceability argument because there was an approved limit. However, post the Slater case the whole issue appears to be resolved in favour of Egg,

I was therefore left with nothing much to dispute with Egg as there was no PPI sold with the consolidation loan. I did however do some digging around on the credit card and old loan. At first Egg refused to let me have copies of the CCAs as these accounts were closed. S78 request was pointless. However, on a SAR the agreements showed up and, lopw and behold, there was PPI sold on both NONE of which had showed up on the consilidation SAR and CCA.

So I then requested statements from Egg (who should have sent them anyway but didn't) for the cc and old loan. Tuens out there was single premium PPI on the older loan and monthly PPI on the cc. Total PPI claim of £2K+.

Also appeared that the consolidation loan may therefore have been mis-sold.

CapQuest burgered off pretty darn quickly when I got into the multiple agreement argument on the older cc and loan, as these balances had clearly been transferred to the consolidation loan. Account handed back to Egg.

Egg then passed it onto Fredricksons who also quickly threw the towel in.

I have now started paying Egg what I can afford but directly - they hate this - and also am awaiting the outcome of my FOS complaint ref the PPI and mis-selling.

I did complain to the FOS about CrapQuest as well and got £50 (ok, its just a token nominal gesture) compensation for my efforts.

So, with Egg, keep rootling and digging around, all sorts of stuff can come up. If you send a suitably complicated an dtechnical letter justifying your dispute with Egg you will get shot of the DCAs. It won't be done on unenforeceability based on "approved limit" though.

[caspar]

Re: EGG agreement

I am in no way advocating this as good advice, but for information I stopped paying an Egg card maxed out at £10000 and have ignored everything they sent me (I went through a long period of burying my head in the sand!) It was only in December they marked the debt as settled so I assumed they had sold it on and waited to hear from someone. Now confirmed following a letter a written off (though special circumstances). Another with Morgan Stanley 9.5K marked as settled. 11 1/2 months till Statute Barred and only sold on in December. I await to hear from someone.

[The Debt Star]

Re: EGG agreement

Good one Casp. Maxing out at £10K. lol, may as well be in for a pound as a penny, eh?

[sam]

Re: EGG agreement

Hi. A lot of this might not apply to you so pls disregard if so. I have had a lot of dealings with Egg and want to share the fruits of my hard earned wisdom (!) with other fellow Eggsterminators.

Egg let CapQuest administer the account and I paid CrapQuest regularaly until spring last year.

I then did a CCA and got one of the Approved Limit CCAs back. A 2005 Egg Consolidation Loan agreement, that I defaulted on in 2006. The Loan had consolidated an Egg credit card and earlier Egg Loan.

I disputed the account on the usual uneforceability argument because there was an approved limit. However, post the Slater case the whole issue appears to be resolved in favour of Egg,

I was therefore left with nothing much to dispute with Egg as there was no PPI sold with the consolidation loan. I did however do some digging around on the credit card and old loan. At first Egg refused to let me have copies of the CCAs as these accounts were closed. S78 request was pointless. However, on a SAR the agreements showed up and, lopw and behold, there was PPI sold on both NONE of which had showed up on the consilidation SAR and CCA.

So I then requested statements from Egg (who should have sent them anyway but didn't) for the cc and old loan. Tuens out there was single premium PPI on the older loan and monthly PPI on the cc. Total PPI claim of £2K+.

Also appeared that the consolidation loan may therefore have been mis-sold.

CapQuest burgered off pretty darn quickly when I got into the multiple agreement argument on the older cc and loan, as these balances had clearly been transferred to the consolidation loan. Account handed back to Egg.

Egg then passed it onto Fredricksons who also quickly threw the towel in.

I have now started paying Egg what I can afford but directly - they hate this - and also am awaiting the outcome of my FOS complaint ref the PPI and mis-selling.

I did complain to the FOS about CrapQuest as well and got £50 (ok, its just a token nominal gesture) compensation for my efforts.

So, with Egg, keep rootling and digging around, all sorts of stuff can come up. If you send a suitably complicated an dtechnical letter justifying your dispute with Egg you will get shot of the DCAs. It won't be done on unenforeceability based on "approved limit" though.

Thanks for that.. I have copies of statements and some have PPI and some don't!!

[SLUG]

Re: EGG agreement

I have now started paying Egg what I can afford but directly - they hate this - and also am awaiting the outcome of my FOS complaint ref the PPI and mis-selling.

Hi DebtStar, wondering why you pay them anything? If you are able to bat it back and forth why are you paying?! Have I missed something?

Personal interest: I have a 10k with EGG, and its still hanging with a DCA right now. They seem a little bamboozled at the moment and have gone quiet, so hoping they have tied themselves in knots for now.

[Never-In-Doubt]

Re: EGG agreement

Its still hanging with a DCA right now. They seem a little bamboozled at the moment and have gone quiet, so hoping they have tied themselves in knots for now.

Haha - not hard for them to do that is it mate

[The Debt Star]

Re: EGG agreement

Hi. Yeah, well, I did stop paying capQuest when I disputed the account, following CAG advice that paying was "weak" and that they'd ignore my dispute if I didn't etc. At the time the whole pre-Slater "Approved Limit" unenforceable CCA was very much unresolvd and most posters thought my agreement was unenforceable.

Not paying them was no bad thing TBH as they had already registered a default and the only option for them was a CCJ. I knew they couldn't do that because of the valid dispute (at that juncture).

Then came Slater. Kinda screwed things up TBH.

After that I was looking around for a reason to continue the dispute. But, with Egg, its never hard to find and you just need to scratch the surface with those guys. When I got my SAR out came all the worms; mis-sold PPI on the cc and the old loan and, in addition, a possible multiple agreement argument.

So I could have continued not paying them. However, my reasoning is this:

1. I owe Egg something (after PPI and interest and any distress compensation is awarded)
2. I should pay them what I can afford and not what CapQuest told me to pay them
3. If they get some money based on a realistic income/expenditure sheet it will make it harder for them to obtain a CCJ
4. At some point the FOS will adjudicate this and I will then have to start re-paying them.
5. I wanted to cut out the middleman DCAs and pay Egg direct (a) it pishes them off and (b) I can then ignore any DCA that requests a penpal relationship with me.

Hope that makes sense. Its more of a practical take on the situation, rather than holding out payments for the hell of it.

[Never-In-Doubt]

Re: EGG agreement

1. I owe Egg something (after PPI and interest and any distress compensation is awarded)

Only if they acted properly and issued correct default notice, termination notice and allocation of charges..... if they mis-sold PPi then you ought to be fighting for balance write-off in totality.

2. I should pay them what I can afford and not what CapQuest told me to pay them

Not really, life doesn't work like that and legally it holds no merit, if you are supposed to pay £X per month and don't then legally then can default and enforce the agreement (if they knew how to do it properly of course) - so paying what you "feel" is not good advice and should not be taken lightly......

3. If they get some money based on a realistic income/expenditure sheet it will make it harder for them to obtain a CCJ

Not really, the logic behind this is clear in that if you are making reasonable and proven efforts to repay the debt then judges will not normally issue a CCJ - but they still do, bear that in mind! Now, what you fail to pick up on is that if you earn £20k per annum and try and pay this debt at £10 per month - the fact you done that would not stop a judge issuing a CCJ. If however you paid something like £50 per month, this would have a bigger effect as overall it shows a willingness to clear the account. You have to bear in mind a judge will calculate things properly using set pro-formas and he will not suffer fools lightly so whatever you do, don't buy into this nonsence approach that you can pay what you want - you simply cannot.

4. At some point the FOS will adjudicate this and I will then have to start re-paying them.

Why has it gone to the FOS? Did they refute your reclaim, if so based on what?

5. I wanted to cut out the middleman DCAs and pay Egg direct (a) it pishes them off and (b) I can then ignore any DCA that requests a penpal relationship with me.

Pissing them off, fine - however similarly, if they assign the debt to a dca and you ignore them and pay egg direct then that is classed as normal repayments into the account, collection activity can resume as though that payment was never accepted as you did not do what they outlined.

I don't like ripping your post to bits but the advice you are receiving is seriously flawed and i'd hate to see you get screwed - just cover all bases and stay in contact with whoever contacts you, you have NO right to ignore a dca acting on behalf of a debt, if you admit to the debt (as per point 1 above)...

Cheers.....

[The Debt Star]

Re: EGG agreement

Only if they acted properly and issued correct default notice, termination notice and allocation of charges..... if they mis-sold PPi then you ought to be fighting for balance write-off in totality.

Not really, life doesn't work like that and legally it holds no merit, if you are supposed to pay £X per month and don't then legally then can default and enforce the agreement (if they knew how to do it properly of course) - so paying what you "feel" is not good advice and should not be taken lightly......

Not really, the logic behind this is clear in that if you are making reasonable and proven efforts to repay the debt then judges will not normally issue a CCJ - but they still do, bear that in mind! Now, what you fail to pick up on is that if you earn £20k per annum and try and pay this debt at £10 per month - the fact you done that would not stop a judge issuing a CCJ. If however you paid something like £50 per month, this would have a bigger effect as overall it shows a willingness to clear the account. You have to bear in mind a judge will calculate things properly using set pro-formas and he will not suffer fools lightly so whatever you do, don't buy into this nonsence approach that you can pay what you want - you simply cannot.

Why has it gone to the FOS? Did they refute your reclaim, if so based on what?

Pissing them off, fine - however similarly, if they assign the debt to a dca and you ignore them and pay egg direct then that is classed as normal repayments into the account, collection activity can resume as though that payment was never accepted as you did not do what they outlined.

I don't like ripping your post to bits but the advice you are receiving is seriously flawed and i'd hate to see you get screwed - just cover all bases and stay in contact with whoever contacts you, you have NO right to ignore a dca acting on behalf of a debt, if you admit to the debt (as per point 1 above)...

Cheers.....

hi. no worries, finding my way thru this thicket same as everyone else

what I would say is that I cannot afford to pay Egg the full premium, so, based on a detailed i/e, I pay them what I can afford. Its not a nominal sum like £5 but is still less than they would like.

as for mis-selling, I haven't heard of an entire loan being written off because it had ppi in it. however, i have asked the FOS to look into mis-selling because thye loan was a consolidation loan comprised of 2 older accounts that had signif ppi in them and with a balance of ppi carried over to the new loan, from which I did not benefit. i think there's a cat in hell's chance of the FOS ever agreeing that it should be written off as mis-sold per se, but don't ask...don't get

Yep, Egg ignored most of my arguments on PPI. they offered ppi on the credit card and old loan but did not (a) offer the balance of the lump sum ppi that was clearly loaded onto the new loan and (b) no offer was made to re-schedule the new loan, taking into account that x% of it was ppi from the old loan. So Egg tried to rip me off twice over - back in 2005 and now. So off to the FOS it jolly well went

However, the FOS are taking ages to deal with this. Its been like 6 months already.

Niddy, you go ahead and rip my posts apart mate, thats fine, thats how we all learn and improve on these forums.

Perhaps we need a new thread on my Egg issues though, as OP may not be too happy?

[sam]

Re: EGG agreement

It came, its also unenforceable as it uses the term "Approved Limit" - however, you'd be best reading the recent Egg case - but either way, i'd be treating this as UE and replying with this: ---> viewtopic.php?p=1503#p1503

Got a reply today Niddy along with all the statements etc from 2002. Funny how they started adding PPI Nov 2007!!!!

[Never-In-Doubt]

Re: EGG agreement

Got a reply today Niddy along with all the statements etc from 2002. Funny how they started adding PPI Nov 2007!!!!

Have you sent me the cca to check?