kuma's egg ends up being a marlin

[kuma]

I had an "egg" card, taken over by "barclaycard" then sold on to "marlin".
The card was taken out in 2002. All was fine until work dried up late 2008 and money got tight.
I decided to send for my CCA to "egg" to see where I stood. I was hoping it might be UE and give me some breathing space.

Below I will go through the whole thing from the start, including all the letters sent and received, although it's been going on from Feb 2009 there isn't too much but might help anyone new what to expect.

I have a few scans to do yet so will be updating when I finish. Might be easier to follow that way.

kuma.

[Undercover Elsa]

Re: kuma's egg ends up being a marlin

I've linked this on the mass thread, Kuma, reciprocal link for anyone searching for Marlin info here: allaboutFORUMS

[kuma]

Re: kuma's egg ends up being a marlin

I sent a CCA request to egg in Feb 09.
All was fine and I had not missed any payments on my card.
At first I got the "need you to sign" letters....hope they come out in order.

20/Feb/2009

Egg Card Services
Riverside Road
Pride Park
Derby
DE99 3GG

Dear Sir/Madam

Re: Account Number : xxxx xxxx xxxx xxxx

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order () in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

I look forward to hearing from you.

[kuma]

Re: kuma's egg ends up being a marlin

next

04/March/2009

Data Request Team
Egg Operations
Riverside Road
Pride Park
Derby
DE99 3GG

Dear Sir/Madam

Re: Account Number : xxxx xxxx xxxx xxxx
Thank you for your letter dated 25/02/2009 the contents of which are noted.
In your letter you make reference to requiring my signed authorisation before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my S77/78 request.

If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.

However please note that to date you have happily sent correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this matter?

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

My request for a true copy of my credit agreement under section 77/78 was made on 20/02/2009 and the 12 working days for your compliance expire on 10/03/2009. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.
For your records I enclose the same request including the same Postal Order with a copy of the letter you returned to me at this address.

I look forward to receiving the documentation requested.

Regards

[kuma]

Re: kuma's egg ends up being a marlin

11/March/2009

Data Request Team
Egg Operations
Riverside Road
Pride Park
Derby
DE99 3GG

Dear Sir/Madam

Re: Account Number : xxxx xxxx xxxx xxxx

I refer to my letter dated 20/02/2009 that was delivered via Recorded Delivery to your offices, received by you on 24/02/2009, making a formal request for a true copy of the original credit agreement for the above account under the Consumer Credit Act 1974 (Sections 77-79).

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

Under the terms of the above Act, a creditor has 12 working days to provide the requested documents. This deadline has now passed & I have not received the requested documents from you.

As I am sure you are aware, the absence of an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, renders the account completely unenforceable in law & I therefore consider that this account is in dispute with immediate effect.

I draw your attention to the legal requirement that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:
You must not demand any payment on this account, nor am I obliged to offer any payment to you.
You must not add any further interest or charges to this account.
You must not pass this account to any third party.
You must not register any information in respect of this account with any of the credit reference agencies.
You must not issue a default notice on this account

I hereby give you notice that if you proceed with any of the above actions, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

Yours faithfully

[kuma]

Re: kuma's egg ends up being a marlin

followed by.

[kuma]

Re: kuma's egg ends up being a marlin

more came without replies from me, I was still waiting for CCA.

[kuma]

Re: kuma's egg ends up being a marlin

lost a scan of one but here is what i sent and their replies.

WN7 3PQ

dlc
Buckingham Road
Northamptonshire
NN13 7DN


ACCOUNT IN DISPUTE

Date:25 June 2009

Dear Sir or Madam,

Account number: xxxx xxxx xxxx xxxx
I am in receipt of your letter dated 15 June 2009

This account is in dispute with Egg Banking Plc and has been since March 2009
Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998
As Egg Banking Plc are now in default of my Consumer Credit Act agreement request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.
As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.
Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.
Now I would respectfully suggest that this account is returned to the Egg Banking Plc for resolution of these defaults and breaches, as dlc. cannot lawfully pursue any enforcement activities.
If dlc. chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.
After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines
I hope that this will not be necessary and an acceptable solution can be accomplished.
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.

Yours faithfully






and in order

[kuma]

Re: kuma's egg ends up being a marlin

off we go again...along with the CCA was a copy of all my statements, from 2002...letter time.
dlc
Buckingham Road
Northamptonshire
NN13 7DN


ACCOUNT IN DISPUTE


Dear Sir or Madam,

Account number: xxxx xxxx xxxx xxxx
Thank you for your letter 17/07 2009.
You have sent a copy of my CCA and 166 pages of statements.
I asked for a copy of my CCA and a copy of the Terms and Conditions that applied to the card at the time of the CCA.
This does still not comply with my request.
You also state that Egg have no complaints for the above account.
I enclose a copy of a letter that was sent to them on 11/03/2009.


I await the above.

Yours sincerely


and.....

[kuma]

Re: kuma's egg ends up being a marlin

looks like it might have been passed off or sold.
just a few more now

[kuma]

Re: kuma's egg ends up being a marlin

didn't get anything for ages......I hoped they might have let me off

Well now it's here again and with the fish....
here is what I have so far...

[kuma]

Re: kuma's egg ends up being a marlin

then followed by

the J's.......

[kuma]

Re: kuma's egg ends up being a marlin

Oooops I got a "K" letter in with that last post...
I hadn't replied to the above but thought I better had so
I sent a CCA request copied from ADD with a postal order
and will now await their replies.
Hope it's not the "please sign" again.

kuma


(sorry for the long post..)

[Undercover Elsa]

Re: kuma's egg ends up being a marlin

Well done Kuma.

Not noticed any signature issues coming from the fish yet, you'll probably get the "referring to OC for docs" letter next.

[kuma]

Re: kuma's egg ends up being a marlin

Looking forwards to it. ;-)

kuma