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

    Can't I just carry on paying the Eggsters direct?
    Last edited by The Debt Star; 27 June 2011, 15:10.

    Leave a comment:


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

    Hiya

    I've edited this - obviously. Mate yes the account is in dispute; they've initiated a rights transfer on a FOS adjudicated dispute.

    You can send the letter I originally wrote. Now we're clear.

    They cannot assign an account in such circumstances. I wish you'd been clearer mate lol

    You do need to cease repayments as well. Obviously & copy egg into the letter with a copy also going to the FOS case handler dealing with the complaint. Attach a copy of the arrow/britannic letter as well.

    Leave a comment:


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

    Originally posted by Never-In-Doubt View Post
    Sorry, some confusion. Ok so you're paying £20pm to egg direct right? Well thus must stop immediately as they no longer own the debt; it's nothing to do with them.

    Therefore you need to send a letter to arrow explaining you pay £20 per month and plan on continuing this so please send bank details. Simple.

    That's it. Just pay the new owners.

    Is this disputed? Have you had ppi? Have you done a cca?

    Why not just stop paying and see what they send to you next month? It's up to you mate.
    The debt itself is not in dispute, no.

    I took this to the FOZ 'cos of PPI. The FOZ told Egg to pay up the PPI + interest and compensation.

    So far they have only paid some of the PPI and I am awaiting for the balance of it plus interest and compensation ordered by the FOZ.

    Its been to'ing and fro'ing between Egg and the FOZ since April like this.

    So, because the account is still in "prior dispute" imo I was wondering if Arrow could be forced to hand the account back to Egg? Why do I want this? Probbaly because Arrow use knobjockey DCAs like Freds and lawyers like Bryan Carter. Rather deal with Egg.

    If you are saying that this legal assignment is irrevocable despite the FOZ adjudication not being complied with by Egg, then so be it.

    I just need to be clear where I stand on this 'cos I like to aggravate Egg and if I can do it again now I will.

    Have already seen off 2 of their DCA threatmonkeys and was hoping to make this a hat trick.

    Leave a comment:


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

    Sorry, some confusion. Ok so you're paying £20pm to egg direct right? Well thus must stop immediately as they no longer own the debt; it's nothing to do with them.

    Therefore you need to send a letter to arrow explaining you pay £20 per month and plan on continuing this so please send bank details. Simple.

    That's it. Just pay the new owners.

    Is this disputed? Have you had ppi? Have you done a cca?

    Why not just stop paying and see what they send to you next month? It's up to you mate.

    Leave a comment:


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

    Originally posted by The Debt Star View Post
    Surely this applies whether assignment is absolute or not provided an account is in prior dispute?
    no, they can sell the full rights - as it's not the same as selling the partial rights. They've sold the whole account in essence.

    Leave a comment:


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

    Originally posted by The Debt Star View Post
    Right....
    ....but why is it irrelevant now? Yeah, I'm being a plank, explain it to me!
    Cos I done that assuming the debt was not assigned. Come on mate, keep up with things..... As for s.40 all you got to do is mention that they are in breach of it and you'll consider reporting them for their suitability of retaining a consumer credit licence.

    That's it, a simple paragraph!!

    Leave a comment:


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

    Originally posted by Never-In-Doubt View Post
    they cannot assign a debt whilst in dispute so technically ignore arrow exist and deal with Egg
    Surely this applies whether assignment is absolute or not provided an account is in prior dispute?

    Leave a comment:


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

    Originally posted by Never-In-Doubt View Post
    My letter is void ya plank

    ie don't send it as it's irrelevant! pmsl
    Right....
    ....but why is it irrelevant now? Yeah, I'm being a plank, explain it to me!

    Leave a comment:


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

    Originally posted by caspar View Post
    I'd make sure the letter contains something about the Administration of Justice Act 1970 Section 40 as well, as I believe their actions breach this.
    Copied this from web ref AJA s.40

    Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

    harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;
    falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
    falsely represent themselves to be authorised in some official capacity to claim or enforce payment;
    utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
    Paragraph (1) above does not apply to anything done by a person which is reasonable (and otherwise legal) for the purpose of:

    of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or
    of the enforcement of any liability by legal process.


    Ok, so how does that help where there is an absolute assignment of a debt in prior dispute? Is it this bit?

    falsely represent themselves to be authorised in some official capacity to claim or enforce payment;

    Leave a comment:


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

    Originally posted by The Debt Star View Post
    I don't see why it is null and void? The absolute assignment is presumably null and void because of the prior dispute?
    My letter is void ya plank

    ie don't send it as it's irrelevant! pmsl

    Leave a comment:


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

    I don't see why it is null and void? The absolute assignment is presumably null and void because of the prior dispute?

    Leave a comment:


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

    Originally posted by The Debt Star View Post
    Thanks mate. I'll send a version of the above letter referring to the AJA.

    Cheers.
    Sorry mate, yes do that. As they have full assignee then my previous letter is null and void (ie not relevant)

    Let us know what happens

    Leave a comment:


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

    Originally posted by caspar View Post
    I'd make sure the letter contains something about the Administration of Justice Act 1970 Section 40 as well, as I believe their actions breach this.
    Thanks mate. I'll send a version of the above letter referring to the AJA.

    Cheers.

    Leave a comment:


  • caspar
    replied
    Re: Egg Loan Transferred to Arrow Global

    I'd make sure the letter contains something about the Administration of Justice Act 1970 Section 40 as well, as I believe their actions breach this.

    Leave a comment:


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

    Any update Mr Niddy?

    Leave a comment:

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