EGG, PPI mis-sold, Moorcroft and NO CCA!

[veilside01702]

Where to start.....lol
In September 2003, I was taken ill after a holiday in Turkey. I was diagnosed by my doctor with a blood infection and told to take it easy for a while. After a month and No improvement I was getting worried about paying my EGG credit card and overdraft.

In October 2003, I took out a loan and PPI with EGG after chatting with them about my situation. I was told on the original phone call by Egg that, "should my diagnosis change, egg will make the repayments until I am well enough to return to work".
A month later I tried to claim, as EGG were already covering another small loan under the PPI at that time. I had been given a new diagnosis of Cluster headaches, suna headaches and another form of headache, yes 3 types in all. I was getting in excess of 25 headaches a day!
I was told that I wasn't covered by the old " Pre-existing Condition" clause. But I told them I had taken the loan and PPI out because the EGG sales person had said if my Diagnosis changed they would cover me. They stated it was, "If my condition changed and Not if the diagnosis changed!"
I complained and was refunded the PPI payment, but was left with a loan I couldn't afford to pay!
I borrowed the money to pay this until around November 2006, but got into even more debt trying to do this. I rang EGG and came to an agreement to pay them a monthly amount. They then passed the debt onto Moorcroft to collect.
I have received abusive and threatening calls, harrassment, etc. from moorcroft, so I decided to do something about it!
I wrote to EGG and Moorcroft with a Consumer Credit Agreement request under the Consumer Credit Act. I received a copy of the original agreement, No statement of account or Terms and Conditions enclosed.
I then contacted Experian and Equifax for a credit report from each of them.
The reports came back showing 4 seperate loans with EGG all starting on the same day as the original one!
The original loan was listed as settled with both the Credit Refference Agencies....
EGG still haven't sent the required CCA requested on 28th March 2007 and therefore were in default on 13th April 2007 and committed an offence on 13th May 2007.
Moorcroft are still trying to recover the alledged debt......
Or they were until a phone call with EGG yesterday, where I informed a nice lady that they had committed an offence and would be reported for that. She agreed to put a leash on Moorcroft until 30th June 2007, whilst she investigated again.
I have a recording of the original phone call and the EGG representative lying.......supplied by EGG on CD.....lol
I never wanted to avoid paying what I owed, but am furious how they have treated me over 4 years. They have made my illness 100 times worse with the stress!
I have been told that they cannot ask me to pay for the loans without agreements signed. Or the one they failed to supply a CCA, T&C's and Statement of account for?
They are making up loans to suit their needs.....and registering them with the Credit Ref. Agencies....
None of which have correct dates, repayment amounts or length of loan.....
Someone even said that, if they have No agreement they should give me back any money already paid to them!!???????
I just want justice now and an end to the whole thing!
I think that is all.....lol
Can anyone advise me......???
Saphire............????

[Paradox]

Ok... My thoughts:

1. Send them an account in dispute letter:

http://www.legal-beagles.co.uk/forum...te-letter.html

That'll get the DCA's away from you and get the debts back to EGG.

2. Send them a CCA request for every loan they have applied for in your name, Found here:

http://www.legal-beagles.co.uk/forum...st-letter.html

I'm sure someone will be along shortly with some further advice & help.

Matt

[Sapphire]

borrowed the money to pay this until around November 2006, but got into even more debt trying to do this. I rang EGG and came to an agreement to pay them a monthly amount. They then passed the debt onto Moorcroft to collect.
I have received abusive and threatening calls, harrassment, etc. from moorcroft, so I decided to do something about it!

They have no right to harrass and threaten you send them this letter #20 here http://www.legal-beagles.co.uk/forum...s-re-debt.html

I wrote to EGG and Moorcroft with a Consumer Credit Agreement request under the Consumer Credit Act. I received a copy of the original agreement, No statement of account or Terms and Conditions enclosed.
I then contacted Experian and Equifax for a credit report from each of them.
The reports came back showing 4 seperate loans with EGG all starting on the same day as the original one!

I would send a CCA request for all of the alleged loans and a http://www.legal-beagles.co.uk/forum...quest-s-r.html with a payment of £10 don't worry this covers all the accounts etc held on that one company. If you have any charges etc applied to these accounts at least the money claimed back will go towards paying off the outstanding amount.

The original loan was listed as settled with both the Credit Refference Agencies....
EGG still haven't sent the required CCA and therefore were in default on 13th May 2007 and committed an offence on 10th June 2007.
Moorcroft are still trying to recover the alledged debt......
Or they were until a phone call with EGG yesterday, where I informed a nice lady that they had committed an offence and would be reported for that. She agreed to put a leash on Moorcroft until 30th June 2007, whilst she investigated again.

Basically if the company does not supply the proper paperwork then there is no debt (allegedly), the train of thought is that they will have to produce the paperwork required before they can claim the money from you.
Also I would restrict 'chatting' to the on the phone and make sure that you get everything in writing. Although I do appreciate that you have recorded everything, I think it always looks better in black and white so to speak.

I have a recording of the original phone call and the EGG representative lying.......supplied by EGG on CD.....lol
I never wanted to avoid paying what I owed, but am furious how they have treated me over 4 years. They have made my illness 100 times worse with the stress!
I have been told that they cannot ask me to pay for the loans without agreements signed. Or the one they failed to supply a CCA, T&C's and Statement of account for?
They are making up loans to suit their needs.....and registering them with the Credit Ref. Agencies....
None of which have correct dates, repayment amounts or length of loan.....
Someone even said that, if they have No agreement they should give me back any money already paid to them!!???????

I have had that said to me although I havn't pursued it myself. Please bear with me and I will check on that for you.

I just want justice now and an end to the whole thing!

I'm sure you do, firstly don't panic we will get this sorted out hun.

If you have any more contact with these peeps, please post it on this thread.

sapphire

[boxerdog]

Hi veilside.
First they haven't committed an offence until at least tomorrow - i.e. 12 working days (+ 2 for posting) + one calendar month for CCA. That may be by the by, but I'm concerned you've told them they have when in fact, technically they haven't - yet. But just for future reference.

Second - you say you took out the loan in October 2007...?? it's only June now!

And if you ask for a FULL SAR and request a copy of the original agreement they allege they have with you then you don't have to worry about CCA'ing them.

I would go for non-compliance - put the matter officially "in dispute" which then makes it unlawful for anyone to pursue you for the debt.

[veilside01702]

Hi matt,
done both those.....they defaulted on CCA request for any CCA's held by EGG.....they even agreed on the phone they don't have any apart from the original one!
Account in dispute letter sent, egg agreed it was in dispute, moorcroft decided to ignore it till egg rang them yesterday again.....lol

Hi Saphire,
Sent similar letter 2 months ago to your letter no.20.....
Done the CCA request and they have committed offence on 10th June 2007...
SAR's request went in on 1st May 2007, they wrote back asking for ID and told me it would be with me by 26th June....
I am waiting for the lady I spoke to yesterday, as she is the first human that actually seems to be looking into it.....lol
But i'm still going to report them for failing to supply CCA.....and the SAR request if it doesn't turn up....lol

[Sapphire]

Ok so far it looks as though you are doing the right things. Just post up any contact that you may have on here so that we can follow your progress, and will be able to help you along your journey.
Good Luck,

sapphire

[veilside01702]

Sorry boxerdog.....was 2003....lol
Sorry looked at dates for Natwest by mistake......lol
They were given 12 days + 2 day + 1 month......
sent on 28th March 2007...
defaulted on 13th April....
committed offence on 13th May 2007......lol

[boxerdog]

sorry - mis-read your post.
If there is no agreement then the debt becomes unenforceable. It still exists, but they can't enforce it - but they can still default you and it will go on your credit file.

[veilside01702]

Hi boxer, how can they default me if they cannot prove an agreement ever existed??
If the debt is unenforcable in law, surely then they cannot register a default with the credit reference agencies as it would be knowingly registering false information under The Data Protection Act 1998 ?
Surely because they have defaulted and committed an offence they can no longer continue to register my 'Data' or persue the debt as the Agreement is deemed to be in dispute and uneforcable. Let alone the fact they registered the debt and agreement with Experian and equifax as settled already!

[veilside01702]

Sorry everyone......just trying to get me head round The Data Protection Act 1998 and Consumer Credit Act 1974 and all the subsequent revisions......lol
Head hurts and brain melting now...........lol

[boxerdog]

Hi boxer, how can they default me if they cannot prove an agreement ever existed?? Just watch them
If the debt is unenforcable in law, surely then they cannot register a default with the credit reference agencies as it would be knowingly registering false information under The Data Protection Act 1998 ? Have they agreed the debt is unenforceable?
Surely because they have defaulted and committed an offence they can no longer continue to register my 'Data' or persue the debt as the Agreement is deemed to be in dispute and uneforcable. One would hope they wouldn't

Let alone the fact they registered the debt and agreement with Experian and equifax as settled already! That's the best bit!!!

[hellhasnofury]

Hi boxer, how can they default me if they cannot prove an agreement ever existed?? Just watch them
If the debt is unenforcable in law, surely then they cannot register a default with the credit reference agencies as it would be knowingly registering false information under The Data Protection Act 1998 ? Have they agreed the debt is unenforceable?
Surely because they have defaulted and committed an offence they can no longer continue to register my 'Data' or persue the debt as the Agreement is deemed to be in dispute and uneforcable. One would hope they wouldn't

Let alone the fact they registered the debt and agreement with Experian and equifax as settled already! That's the best bit!!!

Hello veilside,

Hope you are ok. I agree with boxer. Legally they are not allowed to do things. but over the years they have and have never been questioned Until the consumer revolt
I feel that you have to disect the problem and deal with one issue at a time

If they have not produced the credit agreement, legally they cannot process your data, so you must ask, no sorry demand that they remove it. I personnaly would Take the advice given in the previous threads.

Don't get disheartened, that is want they want to confuse you so you don't know what to do.

[veilside01702]

Just had very interesting call from lady at EGG dealing with this.....
She sent a statement of account....I got it today....but they added my payments to them and Moorcroft onto the outstanding balance......they should have taken it off!
God....this just proves how bad their arithmatic is in banks.....lol
She has also recalled file from Moorcroft......yipee......no DCA involved anymore.....lol
Also she has listened to the recording of the conversation from when I took original loan and PPI out.......and has "serious concerns" about the information they gave me....lol
4 years for someone to actually listen to this and agree with me.....lol
So whole account on hold until she looks into it fully........
This lady actually seems to care and be able to do something!
So looking good for the moment.....
Cheers everyone.....will keep you all posted on the outcome of her investigation....
Russ

[Sapphire]

Good news hun, keep us informed

sapphire

[Glenn UK]

when people say a debt is unenforceable due to the loss of the origin agreement, its my understanding that its only unenforceable without a court order.

and they a can lawfully chase a debt if they wish even though they cannot enforce it without a court order.

Although it beats me how a court could or should enforce a debt without an agreement since the creditor cannot show what the terms of the agreement were. but what do i know.

Glenn