Egg Credit Agreement Request

bandyandstrange · 24th September 2007, 12:52

Hi As Well as gold fish i have egg which I have CCA'd due to not freezing interest and charges, they have sent me a credit agrrement back but i think its the standard one which every one gets different pages different fonts t&c's not on same page as signature etc, i have scanned them but dont know how to put them up on here if some one can tell me how to do it i will post them.

regards Bandyandstrange

payingonlyencouragesthem · 24th September 2007, 18:36

Did you take out the agreement more than six years ago? The earlier Egg agreements weren't enforceable but the more recent ones are. I think you would have a job arguing that the different font sizes and T&C's on different pages preclude enforcement.

bandyandstrange · 24th September 2007, 18:56

Hi Yes it was taken out on 15th may 2000 7.5 years ago.

bandyandstrange

payingonlyencouragesthem · 24th September 2007, 19:12

Try and post it up here - someone with a detailed knowledge of this area can then advise.

bandyandstrange · 24th September 2007, 20:51

ill try again

bandyandstrange · 24th September 2007, 21:01

bandyandstrange · 24th September 2007, 21:03

bandyandstrange · 24th September 2007, 21:05

bandyandstrange · 24th September 2007, 21:06

Right done it this is what they have sent me looks to be enforceable to me any advice is as ever gratefully reciecved.
Bandyandstrange

payingonlyencouragesthem · 25th September 2007, 09:23

Yes it does seem to be kosher. Some of the early ones were just electronic application forms with no customer signature, just an x. Try to PM peterbard - he's done a lot of research on this subject.

Having_A_Knightmare · 25th September 2007, 14:35

Hi

Did they send you the original T&C they should be there.

They seam to bo on the ball Egg with the CCA`s, I still havent got the bottle to send them one yet.

HAK

bandyandstrange · 25th September 2007, 21:11

Hi No everything i recieved is posted on here.

Egg is the only one out of five to respond to the CCA

bandyandstrange · 25th September 2007, 21:26

right i know this is a bit off topic but been searching for ages how do i upgrade my account from a basic account??

bandyandstrange

Having_A_Knightmare · 25th September 2007, 21:37

Quote:

right i know this is a bit off topic but been searching for ages how do i upgrade my account from a basic account?

It will get upgrade the more post you do.

Not sure what happen about the scales anybody know?

HAK

vinegarvera · 26th September 2007, 18:30

Subbing

ncf355 · 26th September 2007, 21:58

Seems similar to mine

I CCA'd them about 6 months ago and received the same documents, note that thet T and C's are clearly in a sep document, meaning this would be improperly executed (T and C's need to be in the sig document)

Taken from OFT786a advice for creditors re making of agreements:

S61(1) provides that a regulated agreement (other than one falling within the s74 exemptions, see Q1.2) is not properly executed unless:
• a document in the prescribed form, containing all the prescribed terms of the agreement and conforming to regulations under s60(1), is signed in the prescribed manner by the debtor and by or on behalf of the creditor;
• the document embodies all the terms of the agreement, other than implied terms;

S61(1)(b) requires that the document must embody all the terms of the agreement other than implied terms. This is not limited to information required to be included by virtue of the Regulations, but is designed to ensure that the entire contract is set down in the signed agreement. If this requirement is not complied with, the agreement is not properly executed (see Q1.20) and is enforceable against the debtor only with a court order.

1.20

What if an agreement is not properly executed?

S65(1) provides that an improperly-executed regulated agreement is enforceable against the debtor on an order of the court only.

Now, to my way of thinking this means any interest added since the beginning of the account was a result of enforcement of an improperly executed agreement, so my case will be to claim back -

a) all penalty charges
b) all interest
c) removal of all data from CRA's (as the data processed was inaccurate)

and if im feeling gutsy -

d) interest on b) at Eggs cash withdrawal rate on the prinicpal of restitution for Eggs unjust enrichment

All the above is of course IMHO!

Bob_and_Wendy · 25th February 2008, 18:41

Hi further to my letter for a CCA following my card being cancelled the EGG have now written to us offering us our charges back??? I called them today to say I would like this sent to me by a cheque but they have refused saying it has to go onto my account as I have a balance?

Can they do this? I now cannot use the card with the high interest and cannot have access to the money they say I am due? They have NOT supplied the CCA?

Please help

intercityman · 26th February 2008, 15:59

Quote:

Originally Posted by Bob_and_Wendy

Hi further to my letter for a CCA following my card being cancelled the EGG have now written to us offering us our charges back??? I called them today to say I would like this sent to me by a cheque but they have refused saying it has to go onto my account as I have a balance?

Can they do this? I now cannot use the card with the high interest and cannot have access to the money they say I am due? They have NOT supplied the CCA?

Please help

Intresting you CCA them and they off the fee's back. Not heard that happen. You sure iyou didnt send a Subject Access Request ?

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