Egg CCA

[Black Monday]

Thanks Mehim

I have started to read your diary, but as you say it's a long read, I will persevere, any help is appreciated.

congrats on getting to the end of your debt journey, perhaps one day it might be me!

BM

[Black Monday]

Hi Warwick65

you have edited both your posts, got some of it in my email, would like to read the rest and see what you wanted to tell me, please reply.

thanks

BM

[Joanna Connolly Solicitors]

Hi Warwick65

you have edited both your posts, got some of it in my email, would like to read the rest and see what you wanted to tell me, please reply.

thanks

BM

That sounds like a technical blip!

I’ll ask someone to take a look at the problem for you (and Warwick65).

Di

[The Tech Clerk]

2 x above post stated (DELETED) hence removed, no information was posted within content of the post

[Warwick65]

I am sorry, last time I looked there was one post and three copies, so I deleted the extra posts. Clearly a technical blip.

Anyway what I said was this ( paraphrased as I can not remember exactly what I wrote).

So without wanting to stand on Di's toes as her advice is exceptionally good.

I started my 'journey' with a serious amount of debt - it was over £45K . I did the CCA thing as some came back enforceable and some unenforceable. There was over £25K enforceable - by that I mean the CCA request was complied with and what they sent was good.

Since then all but two have now gone Statute Barred. One of the two did take me to court (the agreement looked good) but thanks to Joanna Connolly and Di we went to court and won. Jo put forward about 4 arguments I think but the Judge only looked at one, this was the Default Notice. His decision was that no DN was sent and therefore the claimant could not enforce. I believe even if he had decided differently we could have won on the other issues.

What was unusual was that in the small claims track you don not often get costs awarded but we did. That made me feel better because all the people who had worked for me on a fixed fee got the recompense they deserved and the claimant was even more out of pocket.

[Black Monday]

Hi Warwick

thank you for your comments, it's the court bit that scares me, I am very bravado when I'm talking
about it, but very nervous when it comes to any of them taking me to court.

my journey started some 6 years ago when I kept using credit cards to keep business going with my
friend and trying to keep 70 people in work! ended up with debt of, wait for it, £104,000.00. To keep it
as brief as possible, started dmp with CCCS 6 years ago, went alone in 2017, got rid of some of the
cards with f & f, decided to do some CCA's and still paying a minimum amount to some in hubby's name,
not brave enough yet to CCA all of them, don't want to rock the boat until I have dealt with mine.

One of my PRA debts is definitely unenforceable, they sent me a LBA, (had done a SAR to MBNA,
they had no CCA) I replied saying in dispute, they wrote back saying they had no paperwork, result!

a second PRA is still in the pipe line.

the third is the EGG one which is the one Di is looking at for me, I'm getting a bit jittery about this one,
still thinking should I arrange a payment or try a full and final before they decide to take me to court.

Seem to have been reading debt forums for a lifetime before I decided to post my own so any advice
is much appreciated

BM

[Black Monday]

Sorry, site seems to alter my text !

[Roger]

Hi Warwick

thank you for your comments, it's the court bit that scares me, I am very bravado when I'm talking
about it, but very nervous when it comes to any of them taking me to court.

my journey started some 6 years ago when I kept using credit cards to keep business going with my
friend and trying to keep 70 people in work! ended up with debt of, wait for it, £104,000.00. To keep it
as brief as possible, started dmp with CCCS 6 years ago, went alone in 2017, got rid of some of the
cards with f & f, decided to do some CCA's and still paying a minimum amount to some in hubby's name,
not brave enough yet to CCA all of them, don't want to rock the boat until I have dealt with mine.

One of my PRA debts is definitely unenforceable, they sent me a LBA, (had done a SAR to MBNA,
they had no CCA) I replied saying in dispute, they wrote back saying they had no paperwork, result!

a second PRA is still in the pipe line.

the third is the EGG one which is the one Di is looking at for me, I'm getting a bit jittery about this one,
still thinking should I arrange a payment or try a full and final before they decide to take me to court.

Seem to have been reading debt forums for a lifetime before I decided to post my own so any advice
is much appreciated

BM

"..a second PRA is still in the pipe line.
the third is the EGG one which is the one Di is looking at for me, I'm getting a bit jittery about this one, still thinking should I arrange a payment or try a full and final before they decide to take me to court. .."

Before coming to this site I engaged with PRA and their Solicitors, which was a big tactical mistake. My battle rolled on and on BUT the brilliant Jo and Di trounced PRA.
If you engage with PRA you will simply be restarting the Statute Bar clock and in their favour!
If they intend to issue a Claim they will most likely do this anyway. Issuing a Claim is one thing proving it is another AND there would be plenty of time and opportunity for say a Tomlin (if payment of F&F becomes desirable) .
You are a long way still away from a CCJ.

PRA are not a charity and their intent is to maximise the return on their investment (that's your Debt) preferable for more than its face value!
With EGG there are a whole series of hoops to go through not just the CCA.

Have you sent a SAR to your DMP CCCS, if not do so now!

Take control of this matter and do not let PRA play you like a puppet!

[Black Monday]

Thanks Roger, that's put me in my place lol. I will not rush into anything, I will wait to hear
from Di. I do feel I should fight, over the years they have had thousands upon thousands of interest, one card alone used to be £600 interest per month!

Is there any particular reason why I would send a SAR to CCCS, would they have anymore info than I have?

cheers

BM

[Warwick65]

Hi
What you would be checking with CCCS is that the money you sent them was distributed to your creditors, when the last payment was made and also cross check to see if the money CCCS(Stepchange) say they sent is was the debt purchasers say they received.

As Roger says, engaging with any creditor can be a dangerous game in that if not done correctly can reset the limitations clock - for example say you hadn't paid for 5 years 11 months and then wrote saying I am not paying you anymore to my debt , well that would reset the clock. Also, although some say this acknowledgment has to be in writing, most of these companies record their calls so maybe a verbal acknowledgment would do the same.

As for court - well that should be a long time off, if ever. It took over a year from me receiving my claim to my day in court.

It was all very polite, I was cross examined by the opposing solicitor who said 'You must have seen a default notice' you must have known what one looked like - my response was that I had kept all the paperwork and searched through it but could not find anything.

They couldn't produce one and the judge believed me when I said I hadn't received one . It really wasn't that scarey although of course I was nervous. It is nothing like a criminal court, no gowns and wigs , there were just 4 of us in the court room.

[Black Monday]

Hi Warwick

thank you for putting me in the picture, so to speak! and telling me your story, I would be quivering in my boots!

I HAVE JUST SPENT OVER AN HOUR AND A HALF ON THE TELEPHONE WITH THE WONDERFUL DI,
SHE HAS EXPLAINED EVERYTHING TO ME FULLY AND PUT ME ON THE RIGHT TRACK. I WILL NOW NOT REPLY TO ANY CORRESPONDENCE WITHOUT CONSULTING

[Black Monday]

Sorry, cut my writing off again.....

meant to say, WITHOUT CONSULTING THIS FORUM.

THANKS DI FOR YOUR ADVICE, IT WAS LOVELY SPEAKING TO YOU.

[Joanna Connolly Solicitors]

THANKS DI FOR YOUR ADVICE, IT WAS LOVELY SPEAKING TO YOU.

Likewise

Di

[Warwick65]

Hi Warwick


I HAVE JUST SPENT OVER AN HOUR AND A HALF ON THE TELEPHONE WITH THE WONDERFUL DI,

Is that all. ?


Seriously though you are in good hands with Di and other on the forum

[Black Monday]

Hi All

just a quick update, Niddy says the paperwork from PRA for old Egg Card/Barclay Card
is UNENFORCEABLE (yeah).
i will wait and see what comes next from PRA.
i will update as and when.

big thanks to Di.

Have a good day all you enforceables!

BLACK MONDAY (not today though)