Termination of Egg credit card agreement

[electron99]

What if Egg terminate your agreement when you are not in default, and you then default on the agreement by not paying the monthly amount when due. Can Egg then issue a default notice on an agreement they have already terminated.

[steven4064]

Originally Posted by electron99

What if Egg terminate your agreement when you are not in default, and you then default on the agreement by not paying the monthly amount when due. Can Egg then issue a default notice on an agreement they have already terminated.

Now you are just being silly

[toymaker1]

Hello electron,

That is a very interesting point.

Originally Posted by electron99

What if Egg terminate your agreement when you are not in default, and you then default on the agreement by not paying the monthly amount when due.

It seems to me that, logically speaking, I dont see how it is possible to default on an agreement which does not exist (because it has been terminated by Egg). The money you owe to Egg on the day Egg terminates the agreement has to be repaid by means of an arrangement which is outside the terms of the Egg agreement, which no longer exists, having been terminated by Egg. My view is that one would reach an agreement with Egg on the terms on which the money would be repaid. But that agreement would not be the same agreement you had when the agreement was in force. I can find nothing in CCA 1974 which covers that situation, because, of course, Egg have acted outside the provisions of CCA 1974 , and there are no prescribed regulations which govern actions which are outside the provisions of the Act. [/quote]

Originally Posted by electron99

Can Egg then issue a default notice on an agreement they have already terminated.

Again, logically speaking, I cant see how it is possible to isuue a default notice in connection with an agreement which no longer exists. - especially when a default notice wasn't issued when the agreement did exist! It seems to me that by terminating agreements without complying with the requirements of CCA 1974 Egg have opened a can of worms, and got themselves into a mess of their own making!
Speaking for myself, I am not paying any money to Egg until the matter is either settled by agreement between Egg and myself, or the courts decide the matter. I consider that Egg breached my agreement with Egg, and all the associated problems derive from that fact.

Regards

[steven4064]

I think if they issued a default notice on an account where the agreement was terminated they would be comitting an offence under the Data Protection Act - they are not allowed to process your personal data without your permission which would effectively have been withdrawn with the termination of the agreement.

[dbairduk]

I also have an egg credit card which they terminated in january. So would you think there is at least a chance of stopping interest going onto the account as they have terminated the original CCA?

[toymaker1]

Originally Posted by dbairduk

I also have an egg credit card which they terminated in january.

hello dbairduk

I'm not clear what your exact situation is, but if Egg terminated your credit card agreement without first giving you a default notice as required by S87(1)(a), I believe that in such a situation Egg have acted in breach of CCA 1974.
That is what happened to me.
My position is that I consider that by terminating my agreement without complying with S87(1)(a) Egg have breached CCA 1974, and consequently all of Egg's subsequent actions are therefore also in breach of the Act. i.e. all Egg's threats about taking legal action etc. etc. are legally meaningless.

I intend to let Egg take me to court, at which time i will make an application to the court under Sections 19/20 of CCA 2006 (unfair business practices.)

Regards

[dbairduk]

Originally Posted by toymaker1

hello dbairduk

I'm not clear what your exact situation is, but if Egg terminated your credit card agreement without first giving you a default notice as required by S87(1)(a), I believe that in such a situation Egg have acted in breach of CCA 1974.
That is what happened to me.
My position is that I consider that by terminating my agreement without complying with S87(1)(a) Egg have breached CCA 1974, and consequently all of Egg's subsequent actions are therefore also in breach of the Act. i.e. all Egg's threats about taking legal action etc. etc. are legally meaningless.

I intend to let Egg take me to court, at which time i will make an application to the court under Sections 19/20 of CCA 2006 (unfair business practices.)

Regards

My card was terminated with the 160,000 others earlier this year. I did not default on my card and never missed a payment. I had the odd charge for going over my credit limit though.

I am a bit new to all this but I am trying to investigate if them terminating my credit card also nulls me from the original agreement. There for at least letting me get out of paying interest.

I would also like to know if now they have terminated my credit card I can stop them updating my credit file - then ultimatley coming to a settlement figure without showing as a default on my credit file.

Kind Regards

D

[steven4064]

I am still not sure about the implications about the CCA and the terminatio of all these cards by Egg - toymaker is rapidly becoming the expert on that.

However, if they have terminated your agreement then they certainly may not update your credit file - that would be an offence under the Data Protection Act 1998.

[Mistermind]

(1) Egg have withdrawn the standard credit card facility of accommodating new spending.

(2) Egg have not withdrawn the standard credit card facility of allowing the outstanding balance to be paid off at the rate of minimum 5% monthly.

The account has not been sold nor sent away to debt collectors who demand payment in total at once, the account is still being updated monthly on Egg computer in Egg House. It is unclear if merely calling a halt to new lending (as is Egg's right), whilst honouring prior lending, constitutes "terminating the agreement".

All who read this forum know I do not take Egg's side. Just a point of law, a view which a judge may or may not share.

[toymaker1]

Originally Posted by dbairduk

My card was terminated ...... I did not default on my card and never missed a payment. I had the odd charge for going over my credit limit though.

Hello dbairduk
My situation is exactly the same as yours. I cant tell you what you should do, but I can tell you what I am doing.
As I seem to be in a minority of one on this matter, it might be worth going into a bit of detail. I apologise if it's a bit boring - but then no one is forced to read it!

1. The starting point for my position is taking note of the fact that the stated purpose of the Consumer Credit Act 1974 is to protect consumers in their dealings with companies which offer credit -in this specific case credit card companies. This might seem to be an irrelevant point to make, but I dont think it is. Every part of CCA 1974 must be read and understood in that context.

2. In keeping with what I have just said, S60 of CCA 1974 makes it clear that the Secretary of State shall make regulations -i.e. the regulations contained in CCA 1974 and any related regulations or amendments - as to the form and content of credit card agreements, and those credit card agreements must incorporate terms and conditions which make the card holder aware of all the rights/duties/protection/remedies conferred or imposed on the card holder by the credit card agreement(those rights/duties/protections/remedies being derived from CCA 1974), and also any other matter which the card holder needs to know.

3 In light of this, it is clear to me that if one wishes to find the origin of Egg's claimed entitlement, in Egg condition 20.2, to terminate an agreeement "at any time", one must look for it in CCA 1974.

What you will find in CCA 1974 with regard to terminating credit card agreements are very specific procedures which must be adhered to by the creditor - in this case Egg, if Egg intends to terminate an agreement.

4. In my case the relevant section of CCA 1974 is S87(1)(a). Egg did not send me a default notice before terminating my Egg agreement. It is quite straightforward, as I see it. If Egg (or anyone else) does not comply with the requirements set out in CCA 1974, then Egg is in breach of CCA 1974. - all the subsequent huffing and puffing and stick waving of Egg
is legally meaningless- the one significant fact is that Egg has breached the CCA 1974.

5. The consumer proctection aspect of this, which I mentioned at the start of this post, has been strengthened hugely by the CCA 2006 S19/20, regarding unfair business practices. It is well worth reading if you haven't done so yet.

6. My way of dealing with Egg's breach of CCA 1974 will be to let Egg take me to court, at which time I will make an application to the court under S19/20 CCA 2006, drawing the attention of the court to Egg's unfair business practices towards me in respect of Egg's termination of my Egg agreement in breach of CCA 1974 and Egg's other actions in relation to that unauthorised termination. Egg will have to prove to the court that Egg acted reasonably and fairly at all times.


7.Steven has already dealt with the matter of Egg referring your details to credit agencies - as he has indicated, it would be in breach of the Data
Protection Act for Egg to process your data after Egg considered it had terminated your Egg agreement.

Regards

[toymaker1]

Originally Posted by Mistermind

(1) Egg have withdrawn the standard credit card facility of accommodating new spending.

It is unclear if merely calling a halt to new lending (as is Egg's right), whilst honouring prior lending, constitutes "terminating the agreement".

Hello Mistermind

Regarding your suggestion that Egg have not terminated the agreement, but have withdrawn the standard credit card facility of accommodating new spending. I think that is an incorrect view.

The way I see it, if Egg, having not served a Default Notice, nevertheless wished to withdraw the standard credit card facility of accommodating new spending, Egg could have acted in accordance with S87(2), and treated the right to draw upon any credit as restricted or deferred, and could have taken such steps as might be necessary to make the restriction or deferrment effective.

But, in my case, that is not what Egg did. What Egg actually did, having not served a default notice, was to send me a notice informing me that Egg had terminated my Egg agreement.

Termination means termination,
withdrawal of credit means withdrawal of credit
- they are two distinct actions, both of which are provided for within the provisions of CCA 1974.

Regarding your point that it is unclear if merely calling a halt to new lending constitutes "terminating the agreement".
I consider that it is not unclear at all. Calling a halt to new lending does not constitute "terminating the agreement".

What constitutes "terminating the agreement" is where Egg (in the case of a credit card agreement) acts to terminate the agreement in accordance with S87(1)(a) and follows the procedures as prescribed by S88 and S89. If the card holder fails to take the required actions by the required date, Egg is at that point entitled to formally terminate the agreement.

Regards

[Mistermind]

What is the answer when a judge asks:
has Egg terminated the agreement for the cardholder to pay minimum 5% monthly?

[toymaker1]

Originally Posted by Mistermind

What is the answer when a judge asks:
has Egg terminated the agreement for the cardholder to pay minimum 5% monthly?

Hello Mistermind

The answer is:

"I can only put to the court, for the court's consideration, the actions actually taken by Egg.
Egg gave me a notice stating that Egg had terminated my Egg agreement. There had been no previous communication regarding my account between Egg and myself other than the normal monthly statements. There were no missed payments, and Egg did not give me a Default Notice under Section 87(1)(a) prior to terminating the agreement. Egg simply informed me that the agreement was terminated.
I submit that in the circumstances I have described, Egg's actions were in breach of Section 87(1)(a) of the Consumer Credit Act 1974.

Furthermore, if the court should determine, under Section 140A(1), that the relationship between Egg and myself arising out of this Egg agreement is unfair to me because of the way in which Egg has exercised or enforced any of it's rights under the Egg agreement or under the Consumer Credit Act 1974, I respectfully make an application to the court under Section 140B(2)(b) of the Consumer Credit act 1974 as amended by the CCA 2006, for an appropriate order to be made, under section 140B(1), in connection with the credit card agreement between Egg and myself".


Regards

[Mistermind]

Looks like you want to go to court to prove Egg sent out a letter with the wrong wording -- wording which does not accord with Egg's action.

I have no doubt the Eggployee wrote a poor letter. Whether the regulator will be exercised about poor wording, or whether a judge will consider the issue of vexatious litigation is another matter.

I have exhausted my contribution, but best of luck.

[Decanus]

Very interesting thread. I am also part of the EGG 161,000, and I agree that I don't believe they should be able to take such arbitrary action without valid reason. I also paid on time, was never late, but clearly was not making them enough money....

If you have not defaulted, and they can just withdraw your card but still charge interest, its both a licence to print money (you can bet your life other lenders are watching this), and shows consumer protection is a joke. If you enter into an agreement, which you keep, then its ridiculous that one party can arbitrarily change it to suit them.

they have fundamentally broken the rules, I believe, by terminating the agreement and borrowing facility without a default notice; they could not issue a default notice because very few customers had done anything wrong. This is an action that SHOULD be challenged in court, and SHOULD be appealed to the OFT.

iF Egg get their own way,it may just open the floodgates....

[toymaker1]

Originally Posted by Decanus

I don't believe they should be able to take such arbitrary action without valid reason.
If you enter into an agreement, which you keep, then its ridiculous that one party can arbitrarily change it to suit them.

they have fundamentally broken the rules, I believe, by terminating the agreement without a default notice;

Hallo Decanus

I agree with your comments.
As I see it, by terminating the Egg agreement outside the provisions of the CCA 1974, Egg has chosen to forfeit it's rights under the agreement.

If you think about it, what would be the legal basis for a claim against the card holder for the debt that was incurred when the agreement was active.? What law could Egg use in defence of it's claim?

Surely the court would say to Egg something along the lines of "Egg, you chose to terminate the agreement when, in terms of any relevant law, it had not been breached by the card holder, therefore when you terminated the agreement you also extinguished any liability to Egg owed by the cardholder .

Regards

[Mistermind]

Originally Posted by Gismocat
have had a good look through Egg Card credit agreement and I cant see anything

[quote=Mistermind;1368133]

20. Ending this Agreement

20.2 We can end this Agreement at any time. We will normally give you 30 days' advance notice by post or email. However, if there are exceptional circumstances, or in any of the circumstances referred to in Condition 19.2, we may end this Agreement immediately and tell you about it afterwards, unless we are required by law to give you notice first. You can end it at any time by telling us to do so by post or email. In both cases, this Agreement will continue until you have repaid all amounts you owe us.

20.3 We can end this Agreement early by giving you notice in writing if you seriously or repeatedly fail to meet your obligations under any other agreement you have with us and as a result:

• we give you notice ending that agreement; and
• we reasonably believe that you will fail to meet your obligations under this Agreement in a serious way.

This Agreement will continue until you have repaid all amounts you owe us.

20.4 Any benefit or services we provide will end when you give us notice or when our notice is effective unless the terms of the particular benefit or service state otherwise.
"20.2 We can end this Agreement at any time."
"20.3 We can end this Agreement early by giving you notice in writing if you seriously or repeatedly fail to meet your obligations under any other agreement you have with us and as a result..... "

20.2 says ending of agreement is unconditional.
20.3 says it is conditional on misbehaviour on any agreement within the Egg group of companies.

The last part of 20.3 further compounds the confusion by saying: "this Agreement will continue until you have repaid all amounts you owe us.". This is truly a dog's dinner of ambiguity -- an agreement is both ended and not ended! Egg lawyers please attend English Composition class . If there is any sense camouflaged inside all this, I suggest Egg could be trying to say:

(1) Egg can terminate the agreement on additional lending "at any time", i.e. refuse to accept fresh spending and cash advances. As is well known, Egg can do this lawfully either by reducing the credit limit piecemeal on every account every month, or with more efficiency and economy Egg can say to 161,000 cardholders, "No more new spending". I doubt if any judge will rule against Egg for preferring the cost-saving efficient move.

(2) Egg cannot rescind the 5% minimum monthly repayment bargain unless the cardholder defaults. Egg Agreement clause 20.2 tries to say the fresh lending agreement is terminated, whereas 20.3 tries to say the 5% monthly repayment agreement is not terminated, this non-termination being:

what legally protects Egg from cardholders walking away with non-payment,
what legally protects cardholders from any future demands for immediate full repayment.

Egg is both terminating and not terminating. What an omlette.

[Decanus]

thats what happens when the terms and conditions are worded so as to try and include any and all variations of everything; they are too clever for their own good, and trip themselves up.

The agreement cannot be in place, but also terminated! although a Judge may uphold Egg's rights to terminate the credit facility, he/ she may look less favourably on such vague language in the rest of the wording. A good lawyer may be able to have a nibble at what exactly Egg are saying.

I had a similar thing with Tesco in that they said to accept a reduced payment deal they had to default me, but in the same letter said that the terms and conditions remained the same!! If they are the same, why default me because we are in the same agreement, aren't we? if I am defaulted, isn't that exactly because I am breaking the terms and conditions (as they see it), and a NEW agreement, however informal, is in place.

Seems to me the credit card people like Egg have never really had to worry about the T and C's before, because us ill-informed consumers never knew to actually read them, and then actually challenge them...

The worm turns.......

[Mistermind]

The lending agreement is terminated.
The repayment agreement is ongoing.
Egg cannot bear plain English.

[toymaker1]

Regarding the matter of Egg terminating accounts.

The central point in all this, which is beyond any legal dispute as to how to interprete particular terms in an Egg agreement, or what a particular word means, is that Egg has terminated credit card agreements without first sending a default notice to the alleged defaulter.

The law regulating termination of credit card agreements is CCA 1974. Under that law, and any associated regulations, Egg has no legal entitlement to terminate a credit card account without first giving the alleged defaulter a default notice, and complying with the neccessary subsequent procedures, such as under S88 and S89 of CCA 1974.

It is difficult to see what law would be quoted by Egg when trying to get their money back after having terminated, of their own volition, a credit card agreement where there was no default.

Regards


It seems to me that in that situation Egg would be saying, we hereby terminate this agreement, and we thereby terminate - that is, we choose to forfeit - any liabilities of the other party to the agreement.