j-dub vs Egg card

[j-dub]

Ok, so last Tuesday (28th october) the following letter arrived at Egg after I sent it recorded delivery...

Dear Sir/Madam

Account No: xxxxxxxxxxxxx

Under the Consumer Credit Act 1974

As per sections 77-79 of the above act, I hereby request a signed True Copy of the Original Executed Agreement for the above account number.

By law, you must comply with this request within 12 working days of having received it.

The statutory fee of £1.00 is required to be paid for this information, and I have enclosed a £1.00 Postal Order. (number xxxxxxxxxxxxxxxxx)

In responding to my request to supply a True Copy of the Original Executed Agreement, you must also provide any and all documents referred to in it. Where this may include Terms and Conditions as varied, I hereby specifically request a clearly readable and True Copy of the entire inception Terms and Conditions which form the original agreement, and all variations to them since.

Your obligations also extend to a signed statement of account.

I understand a copy of our credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to neither enforce an agreement, increase any alleged indebtedness, nor disclose any information regarding me to any third part, until such time you fully comply with my request for a copy of the agreement under these sections of the Act.

If you are unable to supply a True Copy of the Original Executed Agreement and all documents therein (and specifically the inception Terms and Conditions), I would be grateful if you would confirm this in your response within the 12 working days allowed.

This communication has been sent Recorded Delivery so I can ensure compliance on these issues within the legislative timeframes.

I would appreciate your due diligence in this matter.

Yours Sincerely


No reply yet... still counting the days...

[j-dub]

It's Thursday... That's 12 working days since they received the letter...

This is going in the post (registered, natch!) tomorrow... Anyone got any alterations I should make to it first?

Cheers!


re: my account number.
Credit Card Formal Complaint Letter
Dear Sir/Madam,

With reference to my previous letter, I wish to draw you attention to your company's lack of compliance with my legal request.

On 24th October 2008 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8, this letter was sent registered mail and was received at your office on Tuesday 27th October. A copy of this letter is enclosed for your perusal and ease of reference.
You have failed to comply with this request within the prescribed 12 working day limit.
The document that you are obliged to send me is a true copy of the executed agreement that contains all of the prescribed terms, all other required terms and statutory notices and is signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

As you may not be aware , your failure to comply with this request within 12 working days has now rendered the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a compliant credit agreement is a very clear dispute and as such the following applies in relation to this alleged debt, You:

* may not demand any payment on the account, nor am I obliged to offer any payment to you.
* may not add further interest or any charges to the account.
* may not pass the account to a third party.
* may not register any information in respect of the account with any credit reference agency.
* may not issue a default notice related to the account.

As this account has now become unenforceable at law, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

After taking advice, I am also of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets. Please reply in writing only, although please be aware that I will be recording all calls made to my telephone from your company for future reference.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully
J-Dub... (written, not signed!)

[j-dub]

I received a notice of default yesterday(they're a bit scarey aren't they?!?), the day after they received the above letter, must have crossed in the post... I have until the 11th December to contact them and sort it out according to their letter... they have until the 2nd to reply to my letter above... Lets see what happens next...

[j-dub]

Received an A4 letter from Egg on Saturday 22nd November 2008...

Letter reads:
This letter is about: Your Credit agreement reqest. It was sent to you on: 20th November 2008 (so well over the 12 days they were allowed to send it in)

Further to your recent request, I have pleasure in enclosing a copy of your signed Credit Agreement in accordance with your rights under the Consumer Credit Act 1974 and a copy of your terms and conditions.


There is then 6 pages of credit agreement conditions, a page which is entirely printed and has no place for a signature which is apparently the "credit agreement", and then my direct debit instructions, which is signed by me (as it would need to be)...

Basically, they've just sent me proof that the loan is un-enforcible in court, or they've not supplied me with a full copy of the loan agreement, meaning that the debit is still in dispute and that they can't charge me anything on it etc.! Another letter going in the post today (registered, natch!) telling them this, and also pointing out that they've breached the CCA1974 in that it's taken them much longer than 12 working days to respond and send my credit agreement through...

[j-dub]

Letter going in the post in a few minutes:

Credit Card Formal Complaint Letter
Dear Sir/Madam,

I refer to your letter dated 20th November 2008 (which I received on Saturday 22nd November) in response to my CCA Request, which you received on Tuesday 28th October. You will note that this is well outside of the 12 working days (actually, over a full working week outside) allowed for this reply to be sent as laid down in the CCA 1974, and as such puts you in default for this alleged agreement.
Additionally, the Credit Agreement documents and terms and conditions you have now provided me with have no signature anywhere on them, nor any place on the documents for a signature as there would be if you had decided to execute your right to remove signatures from requested documents. The only signature on any of the documents you sent to me was on the Direct Debit Instruction, which does not form part of any credit agreement. This either means that you do not have a signed credit agreement for this alleged debt, or you have not sent me a true copy of the signed credit agreement. Either way, you still have not discharged your obligations under the Consumer Credit Act 1974, in particular section 61, meaning that this alleged agreement is still under dispute and therefore you (Egg bank PLC):
* may not demand any payment on the account, nor am I obliged to offer any payment to you.
* may not add further interest or any charges to the account.
* may not pass the account to a third party.
* may not register any information in respect of the account with any credit reference agency.
* may not issue a default notice related to the account.

With regard to your warning letter informing me you intend to serve me a default notice on December 11th, which I received on Thursday 20th November, I would remind you that, (as stated above) in accordance with the OFT guidelines on debt collection and the Banking Code you are not permitted to take any action on the account whilst the dispute remains unresolved. Should you fail to comply with this, I will not hesitate to contact trading standards, the office of fair trading and the financial ombudsman service.
I am now of the opinion that a court is precluded from enforcing this agreement by s127 (3) CCA1974 as it is improperly executed under s61 CCA 74, the consequences of improper execution are set out in section 65 CCA 1974 and s65 sets out that only a court can enforce an improperly executed agreement subject to certain qualifications, one of those is that the document is signed and contains all the prescribed terms. Now since this document does not contain any signature relating to the prescribed terms, s127 (3) CCA 1974 strictly prevents the court from enforcing this agreement.


I reserve the right to report your actions to any such regulatory authorities as I see fit. If you cannot supply me with a document which complies with the Consumer Credit Act 1974 and ALL of the Regulations made under the Act, I shall be forced to make a complaint to Trading Standards and I will also draw this to the attention of the Office of Fair Trading.

I respectfully request you review this matter in light of my comments above and I request that you supply me the required information or alternatively confirm the account is closed and the debt written off with a zero balance.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is again a formal complaint.
I have enclosed copies of my two previous letters for your ease of reference.

Yours Sincerely

[j-dub]

received a very nicely worded letter today telling me that they'd received my complaint and were dealing with it, but that it may take up to 8 weeks for it to be resolved and for me to not contact trading standards or OFT until after that time if it still has not been resolved...

Isn't it amazing the change in tone of the letters you receive once they realise that you have learnt about what you've written to them about and aren't just going to roll over and give them an easy time...

Think that they may have sussed out that their agreement isn't worth the paper it's printed on?