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  • The Debt Star
    replied
    Re: Egg Loan Transferred to Arrow Global

    Originally posted by garlok View Post
    Hi DS,

    Just got in from a working weekend, weather good, the rest well??

    However, I never had PPI on anything but what I can say defintiely is that following our solicitors putting all four BC accounts into dispute formally and offering them the court route in 2009, they then went on to claim back all the unlawful charges. That brought the balances down and I have statement that they will recover any and all additonal charges and interest added from the time they formally put them into dispute. Therefore don't worry about the interest in restitution, all will come right in due course.

    As we pay nothing now I don't care that is worth a mint to us plus right from the outset of all this I was told that they would trash our credit files and to just take this on the nose. I understand that your circumstances will be very different to ours. Its just that I have no faith whatsoever in ombudsmen and the like. However I do feel that there may some validity in what you have said, but Me being Me coupled with my feelings about the whole shebang I would hit and would have hit them with everything I had.

    As the consolidation loan figures were absolutely wrong in the first place there can be no validity in the contract you signed. Also remember in the F & F matter the FOS will be pretty useless, this is Contract Law NOT Statute Law as are all F & Fs. Egg/Arrow will know this and will everything to cloud the fundamental issue. If youy don't have a sol. think about having a free thirty minutes with one. The reputable ones will usually give you this discussion time at the least.

    regards
    Garlok
    right, but I have signed a FOS adjudication agreement locking me into the settlement. That just leaves me with quantum does it not? although the FOS completely left out of the adjudication (no reference at all) anything to do with the mis-selling angle, which I had raised in the complaint form.

    Leave a comment:


  • Angry Cat
    replied
    Re: Egg Loan Transferred to Arrow Global

    The Unfair Relationships Test comes to mind:
    The unfair relationship test, consumer credit transactions and the long arm of the law

    Leave a comment:


  • garlok
    replied
    Re: Egg Loan Transferred to Arrow Global

    Hi DS,

    Just got in from a working weekend, weather good, the rest well??

    However, I never had PPI on anything but what I can say defintiely is that following our solicitors putting all four BC accounts into dispute formally and offering them the court route in 2009, they then went on to claim back all the unlawful charges. That brought the balances down and I have statement that they will recover any and all additonal charges and interest added from the time they formally put them into dispute. Therefore don't worry about the interest in restitution, all will come right in due course.

    As we pay nothing now I don't care that is worth a mint to us plus right from the outset of all this I was told that they would trash our credit files and to just take this on the nose. I understand that your circumstances will be very different to ours. Its just that I have no faith whatsoever in ombudsmen and the like. However I do feel that there may some validity in what you have said, but Me being Me coupled with my feelings about the whole shebang I would hit and would have hit them with everything I had.

    As the consolidation loan figures were absolutely wrong in the first place there can be no validity in the contract you signed. Also remember in the F & F matter the FOS will be pretty useless, this is Contract Law NOT Statute Law as are all F & Fs. Egg/Arrow will know this and will everything to cloud the fundamental issue. If youy don't have a sol. think about having a free thirty minutes with one. The reputable ones will usually give you this discussion time at the least.

    regards
    Garlok

    Leave a comment:


  • The Debt Star
    replied
    Re: Egg Loan Transferred to Arrow Global

    Garlok

    Great as always to hear from you m8.

    With regard to the stat interest (as opposed to the compo) cheque, I am playing it safe and not cashing it. I may return it to Egg and ask for XYZ more. I am hoping Bill will send the calcs soon and I will then know for sure whether I have been short changed. Obviously I will hold onto said cheque until I know for sure!

    But, assuming the bank have shortchanged me this means:

    1. I can continue the PPI dispute with the FOS
    2. That Egg have flogged on an account where not just the stat interest was wrong but also the principle sum balance sold to Arrow was for the wrong amount.

    With regard to consol loans, noted, thanks. Interesting point. Qustion is thouugh, how do I use this to persuade the FOS (or the adjudicator's line manager) to seriously look at this issue in light of their remarks in post #125 above?
    Last edited by The Debt Star; 4 July 2011, 13:43.

    Leave a comment:


  • garlok
    replied
    Re: Egg Loan Transferred to Arrow Global

    Hi Guys,

    Just a couple of quick thoughts really. One, the cheque in question is not a third party/ benefactor cheque is direct from the other party to the dispute, therefore under the case law I have mentioned to you DS and the legal sites for crditors I have referrd you to, you will find that you are able to cash the cheque and IMMEDIATELY write to them that you do not accepte the full and final settlement which you then detail and make it clear that you have taken this money as on account only. They are in defect of the rules because as I see it from the facts you have provided they not given you the opportunity in clear written form that you can return their cheque declining their offer of a F &F.

    Secondly 2004. Hmmmmm. Was that not the year of "consolidation"? a bit like the years of PPI misselling? perhaps others may have better memories of it than me but I declined every atte,mpt they made to get us to take out these forms of loan. Too good to be true--- yes?

    regards
    Garlok

    Leave a comment:


  • The Debt Star
    replied
    Re: Egg Loan Transferred to Arrow Global

    Originally posted by di30 View Post
    TDS

    Check on my Hamilton thread over at LB, TBD has left you a message on my thread in regards of your case, (so if you've not already came across it check it out).
    Yes, I'll take a look at Legal Beagles. Thanks Di.

    Leave a comment:


  • Hector
    replied
    Re: Egg Loan Transferred to Arrow Global

    Subbing. In similar boat to DS.

    Leave a comment:


  • di30
    replied
    Re: Egg Loan Transferred to Arrow Global

    TDS

    Check on my Hamilton thread over at LB, TBD has left you a message on my thread in regards of your case, (so if you've not already came across it check it out).

    Leave a comment:


  • The Debt Star
    replied
    Re: Egg Loan Transferred to Arrow Global

    You saying I need to loosen up? LOL

    TBT, I don't have the expanded smileys option for posts but yeah, they do irritate me somewhat!

    Leave a comment:


  • caspar
    replied
    Re: Egg Loan Transferred to Arrow Global

    Hey DS, you OK? I'm sure I saw a voluntary smilie on that post!

    Leave a comment:


  • The Debt Star
    replied
    Re: Egg Loan Transferred to Arrow Global

    I like to think so

    Leave a comment:


  • caspar
    replied
    Re: Egg Loan Transferred to Arrow Global

    Excellent - Glad the goriila came out of retirement for you - you deserve it!

    Leave a comment:


  • The Debt Star
    replied
    Re: Egg Loan Transferred to Arrow Global

    Compo cheque - agreed

    8% interest cheque - yeah, I'm minded to send it back to them asking for £X instead. Billy is working on some calcs for me and reckons it looks like Egg haven't rolled the consolidated PPI forward into the second loan - and I think the FOS guidelines say that they should. It's looking like there should be more money due to me.

    In short, I will have griounds to continue the dispute irrespective, which is just what I want right at the moment.

    Not that a 50% F&F from the new owners would be unwelcome

    Leave a comment:


  • caspar
    replied
    Re: Egg Loan Transferred to Arrow Global

    Originally posted by The Debt Star View Post
    Cheques from Egg today; compensation £100 and the other for 8% interest. The latter is for a much, much lower sum than I had calculated. So, bearing all of the above posts in mind, should I cash the cheque in part-settlement or should I not cash it at all because doing so might be construed as final acceptance?
    In my opinion you should bank the compo cheque - no probs with that.
    As regards the other, when things are the other way round the advice to creditors is if sent and F&F they're safe to cash it as long as they immediately send a letter back saying it's accepted on account.

    However, if the debt is in dispute they're advised to be exceedingly cautious about cashing the cheque.

    I would think that the same advice for a disputed final settlement would remain the same to the debtor -ie- I'd be wary of cashing it until you know it's absolutely safe to.

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Egg Loan Transferred to Arrow Global

    Originally posted by The Debt Star View Post
    Are we allowed to post up older threads on CAG/LB/etc on here? (or is that banned in the rule book along with Photobucket? lol)
    PB isn't banned, its a wasted resource and slows things down as you're going away from the forum to a third party to view a lesser quality image than what we allow you to directly upload.

    Point is, if it's on here, you can go into user CP and see all your uploads in one place and edit/delete them at your leisure, on PB if their servers are playing up or overloaded then images stall and create an error message - I hate forums with silly PB error boxes in place of where images should be and have our forum set to wipe posts where such occurs.

    Stop whinging and do as your bloody told

    Regards adding posts from other forums, you are free to copy some of the content and adding it as a quote, however only add any relevant stuff - if it's just to update us, then just add a link to the other forum where the thread it and we can go read it if we want to

    Leave a comment:

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