Thread: Received this CCA from Arc re Egg, can someone take a look please.

got them now I think

Have a look at the sticky above that explains what should be included in a credit agreement to make it enforceable.

What strikes me is the difference in the font for these two pages. Egg are fairly expansive in their letters and the first page reflects their typeface and general set out of a letter or other document. The second page (which you have apparently signed) doesn't seem to be in the same style. Any one care to comment?
Its important because it raises the question as to whether they have a signed copy of your agreement or whether they have manufactured a document.

IS my next step a letter back to Arc and do i dispute the CCA?

Who are Arc anyway? Do you have their full name and have you checked out that they can legally collect this debt?

subbing in same position

Good luck

Originally Posted by Docman

Who are Arc anyway? Do you have their full name and have you checked out that they can legally collect this debt?

They are the collectors for Egg, it's ARC Europe and I think they can legally collect if they have provided a valid CCA

The agreement is the same as the one Egg sent me.
See my thread here: http://www.consumeractiongroup.co.uk...-capquest.html

My document is from 2001. They certainly seem to have the prescribed terms, but my concern is the last paragraph above the signature box, which talks about terms and conditions which are in a separate document. This was not provided to me as part of the CCA - and the Act requires that where reference is made in an agreement to another document, a copy of that document should also be supplied.

My experience with other creditors is that many of them don't have old terms and conditions; many send out the latest version in an attempt to mislead (or, as MBNA put it 'to assist you to understand the current position').

In my view, Egg have not fully complied with the CCA request, but might be able to enforce in Court.

Thank you Sp, so do I write back to ARC disputing the validity of this CCA, or to arrange payments?

how long from your request did you wait for your cca?

I've got a similar situation, although I requested in late October, still waiting tho.

there doesn't seem to be any pattern to the behaviour of this lot

I wouldn't be too bothered about the letter you received this morning. If they were serious, they would have filed regardless. They are still interested in making a deal.

The agreement itself complies to the extent that it has details of the rate of interest and repayments. However, the limit is not specifically quoted, only a reference to another document. Further, as Scarlet mentioned above, the agreement does mention Terms & Conditions. These should have been supplied.

There is an argument to be made that the agreement supplied does not fully conform and thus the liability cannot be enforced. But whether you would win in this case is not certain. Egg agreements are better than most I have seen, which are just application forms.

I would be tempted to write back to ask for the Terms & Conditions applicable at the time. State that in your opinion the CCA response does not fully comply with the Act and therefore any liability may not be enforceable.

Don't close the door though on making a deal. Suggest that whilst the agreement may not be enforceable, you would like to settle without litigation and therefore would make a Full and final settlement offer of around 20-30% if you can afford a lump sum or a monthly amount for a fixed period that would result in around 40% being paid. Include a condition that your credit report must be cleared. Make sure whatever you agree is put in writing.

If you want it to go back to Egg, then I would ask for the T&Cs from the DCA. At worst, if all you can afford is £1, make that offer if and when they take you to court.

Saddler10,

I've put a post on your other thread.