Egg No Agreement Default Removal

[Mistermind]

With bank charge reclaims stymied by appeals for perhaps two years, attention in CAG is turning to DN removal or correction, particularly since BankFodder's high-profile rallying call.

http://www.consumeractiongroup.co.uk...efault-issues/

Persons who challenged DNs and won are in a very very small minority indeed. Not quite sure how small, but their stories would be of great interest not to mention inspiring, and of practical value as to what can and cannot be done.

Steven,

Is there appetite among Mods to open up a new forum
"Default Notice *** WON ***"

where two threads from Egg Forum would qualify?

Regards,

[steven4064]

I'll ask

[wednesday1867]

Thanks for the pointers Steven, i have now changed the letter and its in the post tomorrow

[wednesday1867]

Update.

Today i received Eggs response, obviously crossed in the post, well it is dated last week, it reads:

I have looked into your account and can see that the documents we have sent you are ther correct ones.

You applied for the loan via the telephone, an Email link was then sent to you. The application was then continued on the internet.

The default has been registered correctly.

If thats the case, i haven't paid them anything in probably very nearly if not over a year. Since the last letter from the DCA (March) saying they haven't been able to provide the document, i haven't heard anything from Egg or anyone associated with them, trying to collect payments against the loan. Surely if the paperwork they sent me, is legit, then surely they would be beating my door down asking for repayment?

Its kind of thrown me, am i in the right, or am i not?

Got to dash out for a few hours, but ill be back soon

[wednesday1867]

Any idea on their reply and why they aren't chasing me for money?

[wednesday1867]

Is it worth me putting up the documents they sent me?

[wednesday1867]

These are the documents i have received from Egg, claiming to be an enforcable agreement.

First one

[wednesday1867]

This was the second one

[wednesday1867]

Another One

[wednesday1867]

Page 2 & 3

[wednesday1867]

Received the first 2 in June 07 and the last 3 page document in August.

They "say" it was completed over the internet, i can't remember, i thought i did it over the phone.

Either way, i've had no contact since roughly then from Egg, the DCA's end up saying Egg can't provide any document and they dont chase me for the payments. So why now, do they say they have supplied the correct documents and added the default correctly?

No doubt cos it was done over the internet (maybe) it might be regulated by some other legislation rather than the CCA 1974?

[citizenB]

Did you send them a S.A.R letter ?. This entitles you to ALL the data they hold on you. I imagine which ever way you applied for the card would show up in records of telephone calls or copies of email transmissions. It will cost you £10.00 and they have to reply within 40 days or you can ask the Information COmmissioner to sort them out for you.

[davefirewalker]

I am getting "nervous twitches" about this claim......are you 100% sure that the agreement doesnt "cut the mustard". I dont know if I have read this right, but you seem to be going forward on the basis that egg havent signed the docs, or the copies that they sent you aren't signed therefore its unenforceable. HOW did you apply for this loan...was it on the internet or was it via post?

My worry is that if you did apply via internet or even by post, is that they do have a copy somewhere. The copy they send you does not have to have a signature on it.

I would love to see the docs that they sent you

I'm a little concerned

Dave

[davefirewalker]

ooops.......posted before reading the whole thread .... (blush)

Dave

[davefirewalker]

Looking at those docs, I would say that might be in a little bit of trouble.

They look (to me ) 100%.

If you apply via internet you dont have to provide a signature, just tick a box. I dont know how you could verify or deny a "tick" its really stupid....they should have to send you the docs for signature before giving the loan.......

I suggest that you read the 2004 regulations and ammendments, to find out about electronic signatures

They may have chosen NOT to chase you for whatever reason...on the grounds that it may be more cost effective to farm it out.

Dave

[Mistermind]

Originally Posted by davefirewalker

If you apply via internet you dont have to provide a signature, just tick a box. I dont know how you could verify or deny a "tick" its really stupid....they should have to send you the docs for signature before giving the loan.......

I suggest that you read the 2004 regulations and ammendments, to find out about electronic signatures

49 weeks - 22 AUG 2007 - JULI99 - lost PPI in court - Scrambled Egg (1 2)

The case above was the sole court defeat in two years reported by an Egg (PPI) reclaimant, in contrast to 95 charges reclaim successes, 90 of them repaid before court. The judge's verdict in this case turned on Egg's screen print (not signed agreement) showing a PPI acceptance ticked in the box.

By contrast the PPI case below showed the absence of a PPI acceptance tick in the box. Again the judge's verdict hinged on the tickbox, in this instance finding for the PPI reclaimant.

On websites beyond count consumers are not allowed to proceed further without ticking an "I have read T&C and accepted" box. It would be surprising if such electronic signs of commitment were in practice not recognised by law.

16 weeks - 19 JUN 2007 - won PPI in court - Empire strikes back v Egg Card Repayment Insurance.