Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
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Hi all. I have recieved 3 ccas for hfc, barclaycard and an Egg card. I have sorted out what to say to hfc and barclaycard, but not sure what to say to egg.
The agreement has all prescribed terms and conditions so it is enforceable in that regard. However as it has no mention of default charges it can only be enforced by a court.
Also, given that my signature is on a different page from the terms and conditions it can be argued that I was unaware of the T&Cs. Apparently it is on a double side A4 page but this has not been sent so there is nothing to prove that the two pages are linked and I suspect that they do not keep the original agreements so are unlikely to be able to supply it in court. Also, it is for them to prove that the pages were linked, not for me to disprove it.
Here is a copy of my agreement. Can someone suggest a letter?
Opinion seems to be divided on these Egg agreements. I had the same one as you. Becausei had the card converted into a loan, i am just reclaiming the charges from the card.
I was unsure about the loan agreement too. Because opinion was so divided I decided to errr on the side of caution. To be fair, Egg cut out the DCA and set up payments i could afford, so i was/am happy with that.
(Not been so friendly on the charges front though, so that complaint has gone to fos!!! )
Did you think it was an enfroceable agreement? My thinking is it is only enforceable by a court order so i'm going to push to see if they will take it that far. They have sent me no T&Cs, there is no mention of default charges and it is clearly part of an application. Not to mention they have no proof the pages are linked, really the sig should be on the same page as the terms, dunno how they can prove I signed that bit.
I didn't think that mine was an application, although i had questions about the lackof T & Cs and the link to pages as you mentioned. However, i had read so many threads with differing views i decided it wasn't worth arguing with my lack of knowledge.
How much you argue also depends on what you want to achieve. When i sat back and thought through what i wanted, it was just to get the DCA off my back. I am happy to repay the MINUS the charges.