Differentjudge v EGG/Barclaycard

[differentjudge]

Had an EGG card many years ago, which was taken over by Barcklaycard. Can not really remember dates so i have Posted my CCA request today. will update once i've received a reply

[MrsD]

Re: Differentjudge v EGG/Barclaycard

whoa has some one contacted you about this?

[differentjudge]

Re: Differentjudge v EGG/Barclaycard

i have been struggling to make payments. Stopped payments 2 months ago. I have received a letter from barclaycard saying they will pass the account to their inhouse collection agents.

decided i would get a copy of the agreement to see what my options might be.

had the account about 8-10 years

[Enforcer]

Re: Differentjudge v EGG/Barclaycard

Just read the posts regarding egg agreements. Wait for reply to S78 request, then do not believe anything that they send you. Mercers may be the first callers, fail to answer security questions! Writing only.
Anything that they send, please refer here. You will be helped, and get the advice that you need. Do not acknowledge that you owe anything!

[MrsD]

Re: Differentjudge v EGG/Barclaycard

ok we need a bit more information

To help us, to help you, please provide the following information for each account:

• Type of account (credit card/loan)
  
  
• Date commenced (ideally before Apr 2007)
  
  
• Approx balance
  
  
• Date last paid (approximate date you last made a FULL payment)
  
  
• Are you on arrangement or not paying
  
  
• Status (default/in arrears/up-to-date)
  
  
• Account owner (who is writing to you, a DCA or the lender)

must say this is the first one we've come across where barclaycard are actually chasing an old Egg debt, most Egg debts were never paid to BC or chased by them

so until we've got all the info, don't worry, BC will pass it to their inhouse dumplings, Mercers, who'll shout a lot, send a lot of scary letters but are actually just a crowd of ineffectual numpties.

[differentjudge]

Re: Differentjudge v EGG/Barclaycard

Hi all

thanks for your messages. As soon as i receive the reply to my CCA request i will be able to put all the relevant information on here

until then im doing a lot of reading

[garlok]

Re: Differentjudge v EGG/Barclaycard

And just to add a little bit to MrsD's comments about Mercers, their default notices are usually defective so keep them and the envelopes they came in filed safely marked up with the date they arrived through your letter box. After getting fed up with your resistance to them they will pass it across the office gangway to another outfit belonging to Barclaycard----- Calder Financial who will stupidly attempt to terminate on the back of that defective default notice. On no account tell them though, its a useful tool later on.

regards
G

[Enforcer]

Re: Differentjudge v EGG/Barclaycard

I agree with Garlock. Keep the default notice safe. Terminated on the back of a defective default notice in my case. It almost makes you feel sorry for the thieving Barstewards!

[differentjudge]

Re: Differentjudge v EGG/Barclaycard

re DEFAULT NOTICE

you guys must be physic. Received it this morning.

The default notice is dated 21st August an requires remedy by 10th September, but it only arrived Today !!!!!!!
the envelope is TNT but there is no post mark on it so not able to prove what day it was posted

Still awaiting reply to my CCA request

[SXGuy]

Re: Differentjudge v EGG/Barclaycard

Dont worry about proving it, just keep the envelope, staple it to the default notice, and write on it the date it arrived. The fact it arrived today techically means the time for remedy im guessing as 29th August to 10th September is 12 days.

Someone else will advise what to do, thats just my opinion.

P.S, did it come with the factsheet?

[Enforcer]

Re: Differentjudge v EGG/Barclaycard

Please check the default notice very carefully, is it served under Section 87 (1) or Section 87 (i)? Most important look carefully then let us know.

[differentjudge]

Re: Differentjudge v EGG/Barclaycard

Hi Enforcer

It says

"Default Notice served under section 87 (1) of the consumer credit act 1974"

[differentjudge]

Re: Differentjudge v EGG/Barclaycard

just had a quick look at section 87 & section 88 of the CCA 1974 ..... so the date of service in my case is 29th August with remedy by 10th September being only 12 days........but i can not prove i only received it on 29th

88Contents and effect of default notice.

(1)

The default notice must be in the prescribed form and specify—

(a)

the nature of the alleged breach;

(b)

if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

(c)

if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

(2)

A date specified under subsection (1) must not be less than [F114] days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those [F114] days have elapsed.

[garlok]

Re: Differentjudge v EGG/Barclaycard

It doesn't matter DJ, you won't have to prove anything. THEY WILL if they take further action, the onus of any proof lies with them not you. As usual the DN is defective ---- not enough time to remedy. End of story. Just don't tell them anything. Make them do all the running.

regards
G

[differentjudge]

Re: Differentjudge v EGG/Barclaycard

received a letter from Barclaycard, recon and current T&C's
Emailed Niddy