Egg CCA - Enforceable?

[thereisanotherway]

Hi Everyone,
Egg have replied to my CCA request with the following - it looks pretty official.
I would be grateful if someone could have a look to check if it's the real deal!
Thanks for your time
http://i443.photobucket.com/albums/q...erway/egg1.jpg
http://i443.photobucket.com/albums/q...way/egg2-1.jpg
http://i443.photobucket.com/albums/q...way/egg3-1.jpg

[keepgoing]

the last image is a screen dump, reading the url for the webpage it looks like the current terms and conditions and not the ones you signed up for.

plus i'd pick apart the url shown and see if it includes your acc number or anything that attaches it to you.

Dont want to supply false hope tho, egg cca seem to be very watertight. if its any consolation i'm iv'e recently cca'd egg via moorcroft and am still waiting

[bathgatebuyer]

Just going by another thread, is there not a distinction between the requirements of a pre-2004 CCA and a post-2004 CCA? I note that the openng page of yours says 2003.

[thereisanotherway]

Hi to everyone and thanks for your comments/questions. Sorry I have been a bit too snowed under to give this my full attention (so many CCA's so little time).

I've been trying to work it out - is there anywhere you can point me to with regards to the difference between pre 2004 agreements?

The 'screen dump' contains nothing specific to my account as far as I can tell and on the pages that deal with interest rates, it has 'for those that apply bet. 1/7/03 & 31/7/03', but it also goes on to list charges for those who 'applied' between various other earlier dates, in sections back to 2002.

Having never seen a real CCA, does anyone know if this is normal? As I don't quite understand why past rates would/should be included in 'my' CCA.

No actual credit limit mentioned as they still had credit checking to do -which makes me wonder why they would sign the agreement when;

"this agreement will only be binding on us when we have completed and are satisfied with our final checks and other searches and you have signed and returned the credit agreement to us"

yet it appears to have been signed before I signed (if I did sign an official agreement, that is) not sure where the line in their signature box comes from as it doesn't seem to correspond with any fold on the other copied page - could their signature be from somewhere else? (sorry if this question seems a bit muddled)

Clutching at straws, but the return address also states 'new application'

Would love to hear your suggestions.

[keepgoing]

bump....anyone got any ideas? my cca has come back now and its pratically the same

[fleeced_by_rbos]

Yeh mine too. I know the prescribed terms must be on the agreement, but do the Terms and Conditions at the time the *alleged* agreement is made have to be included in the same single document?

[thereisanotherway]

Just had default notice from Egg

Can anyone confirm if Enforceable?

Thanks

[cosalt]

A credit card agreement should have the title 'credit card agreemnet regulated by the consumer credit act 1974'

Your agreement says 'credit agreement regulated by the consumer credit act 1974'

Technically that is incorrect, whether its enough to be unenforceable I am not sure, but it is a start !

[steven4064]

the agreement in post #1 is not enforceable for the reasons given - it doesn't have your signature and the prescribed terms in the same document. The prescribed terms are on the screen dump

[Falcokeith]

I just got my CCA from egg (Blue) card, took 3 weeks. Must have cut down 2 trees for the amount of paperwork sent with it. Identical to the first post. No mention of credit limit ect. Has anyone pursued this further yet?

[keepgoing]

Originally Posted by steven4064

the agreement in post #1 is not enforceable for the reasons given - it doesn't have your signature and the prescribed terms in the same document. The prescribed terms are on the screen dump

can you explain a bit more steven4064

My agreement is almost the same. whats missing from doc1 to make it unenforceable?

thanks in advance

[MAGDA]

Another thing that might help is that it states "limit" only when referring to the credit limit (which may be determined from time to time) it must state the words "credit Limit" to comply with the Act. This is something that has been picked up on other threads by Pt, and most of the older Egg agreements (my own included) seem to be worded in this way. Magda

[MAGDA]

How can you tell if the copy is a screen dump, mine looks exactly the same, so just wondering? Magda

[thereisanotherway]

Hi Magda,

Thanks for your comments.

You need to check the URL (see post #2), if it has nothing specific to your account, then it's just a screen dump!

Can anyone suggest a way forward with this? So many of us seem to be in the same Egg cup!

[fleeced_by_rbos]

Originally Posted by steven4064

the agreement in post #1 is not enforceable for the reasons given - it doesn't have your signature and the prescribed terms in the same document. The prescribed terms are on the screen dump

I thought the prescribed terms where those shown in the first image, i.e. amount of credit, interest, and payment terms - not the complete terms and conditions. If that is the case, then it seems Egg have the prescribed terms in the right place, although having a signature on a separate page may be a no no.

It seems all lenders put their full terms and conditions in separate documents and refer to them. But are those full Ts & Cs part of the "prescribed terms" as defined in the Consumer Credit Act? If so, then it would indicate that just about every lender has cocked up their agreements as I've never seen any lender put them anywhere else but as a separate document, i.e. not within the four corners.

[steven4064]

Originally Posted by fleeced_by_rbos

I thought the prescribed terms where those shown in the first image, i.e. amount of credit, interest, and payment terms - not the complete terms and conditions. If that is the case, then it seems Egg have the prescribed terms in the right place, although having a signature on a separate page may be a no no.

It seems all lenders put their full terms and conditions in separate documents and refer to them. But are those full Ts & Cs part of the "prescribed terms" as defined in the Consumer Credit Act? If so, then it would indicate that just about every lender has cocked up their agreements as I've never seen any lender put them anywhere else but as a separate document, i.e. not within the four corners.

You are right - the prescribed terms are the 3 you identify and are on page 1. To be enforceable, there must be on the same document as the signature. If pages 1 and 2 are back and front of the same page, then it would be enforceable. However, the way it is printed with the egg logo on both sheets would indicate (to me at least) that these are 2 seperate pages.

The remainder of the terms and conditions may be on a completely different document.

[fleeced_by_rbos]

Indeed there is nothing to prove they are part of the same document.

I have one from MBNA (won't go into it here except to compare against Egg) which has the prescribed terms photocopied on the back of what is basically an application form, but nothing ties them together and there isn't even a signature panel for MBNA to sign, only for me to sign the application. So I guess that would also indicate that these agreements are less than properly executed!

Oh, and I love the way Egg can't even be bothered to send a proper terms and conditions document out, they just do screen dumps of pages on their web site. They have become a very lazy company. I remember when their customer services department was extremely helpful and appeared to be staffed by decent people, but now they are just another branch of the mighty Sh***yCorp. <End rant>