StressHead's UE Diary

[Never-In-Doubt]

Re: EGG Loan

Should I be doing anymore with this at present as I sent them the CCA Query - Missing prescribed terms letter on 08/03/11 and they responded with their letter on 16/03/11 (info above) but I haven't replied to it? Just wanted to check that I haven't missed something here? Thanks.

No, just leave it for now and update as and when you next hear from them

[garlok]

Re: StressHead's UE Diary

Frankly, stresshead, the choice of how to handle any of these matters has to be your own. Personally I would never discuss ANYTHING by telephone with any DCA, bank ot financial institution including HMRC.

I could have quoted Penny v Cole,
Bracken & Tinsley v Billinghurst
Commissioners of Inland Revenue v Fry
Stour Valley Builders in the Court of Appeal (Lloyd LJ)
The Temple case and Fletcher Moulton LJ's judgement thereof plus a number of other relevant cases to justify my comments. but as Niddy has asked me not to do so in the past I didn't.

Penny v Cole dates back to 1602 and Sir Edward Coke's statements that were made before the telephone was invented. They will sure as hell use this against you as many have found out very recently if you get this wrong.

Hence my freely given observations on the subject. We have been there done that got the teeshirt and ours was ALL handled by professional legal counsel and still they "tried it on".

regards
Garlok

[StressHead]

Re: EGG Loan

EGG2 (Loan)
Date commenced: Sept 2006
Approx balance: £22,902
Date last paid in full: ?
Other info: Partial payment paid by DMP, last one in Feb 2011. No payments being made now.
Status: Defaulted Oct 2008. No Default Notice received.
Account Owner: Aktiv Kapital.

02 NOV 2010: Letter from Aktiv to me offering settlement figure of £5813.33.
22 NOV 2010: CCA received from EGG to DMP Company.
9 FEB 2011: First letter requesting CCA sent to Aktiv Kapital.
11 FEB 2011: CCA received from Aktiv Kapital.
6 MAR 2011: Copy of CCA sent to Niddy.
7 MAR 2011: Niddy's confirmed as under s.18. He has also advised me to reclaim the £8K of PPI which I was told I 'had to take out otherwise couldn't have the loan'. Have posted a thread in the Reclaiming section of forum.
8 MAR 2011: CCA Query - Missing Prescribed Terms Letter sent to Aktiv Kapital.
8 MAR 2011: SAR Request Letter sent to EGG.
14 MAR 2011: Letter from Aktiv acknowledging receipt of my letter.
16 MAR 2011: Letter from Aktiv stating that copy agreement previously sent represents legally binding contract therefore they have complied with CC Act 1974. As is readily apparent, this transaction was undertaken online and placing a tick in a box represents your signature. This is clearly stated in the form which is recognised by the OFT. Contrary to your assertions, this agreement is not unenforceable but in any event this would be a matter for the Courts to determine. For our part, proceedings are not contemplated since we are receiving payments from you via DMP Company. Haven't paid any monies to DMP for 2 months. Aktiv didn't send me my SAR or return my £10?
17 MAR 2011: Letter from EGG. Thank you for your recent request for a copy of phone calls/call transcripts. Please provide us with approximate dates, times and the nature of the calls. As part of the SAR, we will provide a copy of account notes which include call contact information.
23 MAR 2011: Letter from EGG. Thank you for recent request for an executed copy of a CA for XXXXXX with Egg Banking. We do not seem to have received the statutory fee of £1 from you for this request. Please send a cheque etc. I received the CCA on 11/02/11.
1 APRIL 2011: Letter to EGG responding to their letter from 17/03/11. Requesting hard copies of my full file. Will request transcripts in due course. Was advised by Niddy to check that PO had been cashed. Was cashed on 21/03/11.
MAY 2011: Received full file from EGG. Niddy says not to claim PPI back unless loan is deemed enforceable.
21 JUNE 2011: Phone call from Aktiv saying that I haven't replied to their letter from 16/03/11. I told them to put all correspondence in writing and to not call me.
22 JUNE 2011: Phone call from Aktiv saying that I haven't replied to their letter from 16/03/11. I told her that someone called me yesterday and I've asked for all correspondence to be made in writing. She asked me if I'd received the letter and I said no because I was put on the spot however after referring to my write up, I can see that I did get the letter. I told her that I didn't wish to receive any more phone calls from Aktiv as they're harassing me (I've had about 15 missed calls over the past week).
30 JUNE 2011: Letter from Aktiv with a copy of their letter from 16/03/11. Advised to ignore.
2 SEPT 2011: Letter from Aktiv with a 'new deal' of £16438.73, they pay £8851.63. Still ignoring but interestingly the outstanding balance has creeped up to £25290.36!

Should I be doing anymore with this at present as I sent them the CCA Query - Missing prescribed terms letter on 08/03/11 and they responded with their letter on 16/03/11 (info above) but I haven't replied to it? Just wanted to check that I haven't missed something here? Thanks.

[StressHead]

Re: StressHead's UE Diary

Whoa stresshead, please stop talking to people like Moorcroft on the telephone. Always but always insist in writing only via her Majesty's Mail (Royal Mail). It is unwise to use even e-mail when discussing F & F.

For example please note the wording in their letter as you have quoted it. they have used the wording "partial" relating to the settlement. This has NOTHING to do with a partial settlement note on your credit reference file. You are dealing with the Common Law of Contract here and the wording used on their letter at this stage, had you accepted it, would have entitled them to pursue you for the balance at a later date at any time in the future or to have sold it on to another scumbag who would have pursued you afterwards, Much much care is needed when dealing with F & Fs. have a look through F & Fs on the site and never exchange money unitl you have a document stating they will not pursue you later. We have a template to use which contains the essential reference to the specific case law involved.

regards
Garlok

Garlok - Niddy told me to call them (page 13 at the bottom) so I did. Getting conflicting info here? Please refer to the advice that Niddy's given me and then let me know what you recommend as the next step. He told me to call them, offer a F&F of £400, more than likely that they wouldn't accept, get them to put any offer in writing and then negotiate the amount in writing with them. What should I do from here? Thanks

[Never-In-Doubt]

Re: StressHead's UE Diary

I'm going to wait for close to a year end for any f&f's I feel like doing on mine and hope they have had a bad year, any refusals can wait another year for me to consider them

Yea good - so stop talking to them, irrespective of your intentions - fail security, hang up or summat but please don't get into dialogue via phone with these clowns.....

[Susie]

Re: StressHead's UE Diary

fancy Stresshead! i wouldn't pay that, do the £1s for another 3 months and then approach them towards the end of the month and offer your £450, remember these eejits are on commission and month ends always loooooom................

I'm going to wait for close to a year end for any f&f's I feel like doing on mine and hope they have had a bad year, any refusals can wait another year for me to consider them

[garlok]

Re: StressHead's UE Diary

Whoa stresshead, please stop talking to people like Moorcroft on the telephone. Always but always insist in writing only via her Majesty's Mail (Royal Mail). It is unwise to use even e-mail when discussing F & F.

For example please note the wording in their letter as you have quoted it. they have used the wording "partial" relating to the settlement. This has NOTHING to do with a partial settlement note on your credit reference file. You are dealing with the Common Law of Contract here and the wording used on their letter at this stage, had you accepted it, would have entitled them to pursue you for the balance at a later date at any time in the future or to have sold it on to another scumbag who would have pursued you afterwards, Much much care is needed when dealing with F & Fs. have a look through F & Fs on the site and never exchange money unitl you have a document stating they will not pursue you later. We have a template to use which contains the essential reference to the specific case law involved.

regards
Garlok

[MrsD]

Re: StressHead's UE Diary

fancy Stresshead! i wouldn't pay that, do the £1s for another 3 months and then approach them towards the end of the month and offer your £450, remember these eejits are on commission and month ends always loooooom................

[StressHead]

Re: StressHead's UE Diary

Received their letter today which says 'we will accept £1164.69 of the outstanding balance as partial settlement of your account and the remaining balance will not be pursued by ourselves'. Tut tut I think they lied to me as they said it'd be a F&F! Imagine that, a DCA not telling the truth... grrrrr

[StressHead]

Re: StressHead's UE Diary

Morning! I've called Moorcroft and offered them a F&F of £450 (same as last time). They said that their best offer remains at £1164.69 unless I can complete a SOA with them over the phone in which case they can go back to their client and ask them for their minimum figure. I said I wasn't prepared to do this and unless they accepted the £450 then it'll be £1 a month. They got shitty with me and said that I'd have to do an SOA for them to accept the £1 a call. I ignored them and asked them to send the offer of £1164.69 in writing. They said that unless I agree to the amount, they can't send the letter out. I told them that was rubbish and I wanted the offer in writing and that I wasn't accepting the amount but still wanted it in writing. They're going to send it. Arrrrrrrgh!

[StressHead]

Re: StressHead's UE Diary

Perfect! Thank you!! :-) I'll keep you posted!

[Never-In-Doubt]

Re: StressHead's UE Diary

14th July.

LOL, so precise and so short!

Ok, well call them and say your sister has offered to lend you£400 and will they take that as F&F - they will say no but just say well if not then i'll pay you £1 per month as it's all I can afford and just play silly beggars till they give in. If they say they'll take anything under £1000 get them to send it in writing, but dont agree - just say "send it writing and i'll see if I can borrow more but no promises" - then we'll renegotiate in writing lol... the system works, trust me here!

So whatever you do when you call, do not trust them and do not pay there and then nor agree to anything, and most definitely do not agree to get into a discussion over affordability or I&E completion. Basically ring, make the offer and whatever they say (you need to haggle them down and stand firm) you just get it in writing - however when they write we then haggle via mail.

Make sense?

[StressHead]

Re: StressHead's UE Diary

14th July.

[Never-In-Doubt]

Re: StressHead's UE Diary

They wanted £1000 last time and I offered them £450 but they said no. I could afford £450/£500.

When did you last try and negotiate?

[StressHead]

Re: StressHead's UE Diary

They wanted £1000 last time and I offered them £450 but they said no. I could afford £450/£500.