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I have sent the letter to obtain a copy of the Credit agreement I have with them for my credit card.
The Letter was posted on the 6th Feb 2008, it now the 21st Feb. 15 Days have elapsed And I thought I'd seen that they had to provide this in 12 days. ( Please correct me if I am wrong ).
What should my next step now be. Any advise welcome.
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MBNA WON 16/3/07 £1700
Barlcays N1 fileld in and awaiting funds to take them to court.
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Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )
A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested, after a further month the creditor has committed an offence. This offence can be reported to the Trading Standards Authority (in the creditors area, not your local one), or the FSA.
The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.
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Ok so I cant take them to court. But is the anything I could do now. If it unenforcable, i am assume that in THEORY they cant add intrest or add fee etc etc.
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MBNA WON 16/3/07 £1700
Barlcays N1 fileld in and awaiting funds to take them to court.
If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.
Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )
As I understand it, after the 14 days are up, the account is 'In Dispute' and therefore they can not add any more charges until it has been resolved. Others on here may know better than me. You now need to complain to TSA in Their area.
Egg Card Services
Point North
Waterfront West
Brierley Hill
DY5 1LU
The local TSA office can be found at :-
Dudley Metropolitan Borough Council Trading Standards Division
3 St James's Road
Dudley
DY1 1HZ
I believe this is the office you now need to complain to. Sorry, I can't find a template letter for you anywhere. Prehaps a email to the TSA above will be some use??
Lex
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Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.
I have dropeed Trading Standards an Email outline eggs breach. Strangley enough Egg have nowadd the £1 to my account. And apolgised state they are looking into it. I have respond and said that they are still in breach as such, and in the meantime until its found the account is in dispute
If I have been of any use to you in my response please click my scales.
MBNA WON 16/3/07 £1700
Barlcays N1 fileld in and awaiting funds to take them to court.
If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.
Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )
Can any one advise on wheterh i should continue paying this card. As I am worried if I continue to pay it I am letting them carry on with there antics.
I am going to go after Egg for charges as well when i have £10 spare to SAR them. Any advice please
If I have been of any use to you in my response please click my scales.
MBNA WON 16/3/07 £1700
Barlcays N1 fileld in and awaiting funds to take them to court.
If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.
Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )
Dudley Trading Standards just fob you off and say use the Financial Ombudsman. Great Response, although expected.
Suspect fos wont be much use either. Seem some people are above the law.
If I have been of any use to you in my response please click my scales.
MBNA WON 16/3/07 £1700
Barlcays N1 fileld in and awaiting funds to take them to court.
If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.
Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )
Can any one advise on wheterh i should continue paying this card. As I am worried if I continue to pay it I am letting them carry on with there antics.
I am going to go after Egg for charges as well when i have £10 spare to S.A.R - (Subject access request) them. Any advice please
£10 (option 3) is for the comprehensive one-inch-high bundle of papers including screen prints of little interest to you. Option 1 (list of penalty charges) and Option 2 (reprints of all back statements) cost only £5. You could request Egg to put the charge on your card if it is still open.
Seems Egg have final come up with the goods It look like a Credit Agreement that is enforeable, so next will be charges Just for any one intrested it date 1999. I am going to scan a copy as I am concerned that no card limit is shown.
Will Scan and posta copy ASAP
If I have been of any use to you in my response please click my scales.
MBNA WON 16/3/07 £1700
Barlcays N1 fileld in and awaiting funds to take them to court.
If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.
Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )
It should have a card limit or something saying how it will be determined. Most CC companies get round this by saying something like "we will inform you of your card limit"
Steven
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