Egg failure to comply with CCA request....

**paulrockliffe** · 3rd April 2008 14:05

Hello,

I've CCA'd Egg icon

and have had no response, over 24 days ago now. I've been searching for template letters for the last hour and come up with nothing - can someone please advise me on the next step?

I don't know that they don't have an enforceable agreement, because they haven't sent me anything, what do I need to say when I write to them about their non-compliance?

Thanks.

Paul.

Similar Threads:

**Castlebest** · 3rd April 2008 15:41

Hiya Paul, If Egg icon

have not responded to your CCA s78 request then after 12 days the account is unenforceable, after a further 30 days they are committing a statutory criminal act.

Until they provide the information you have properly requested they cannot do anything with your account so effectively all you need to do after the second period has expired is write to them and tell them that and also they must cease to process data concerning you, then forget it until they manage to find something that complies with the Consumer Credit Act.

pete

**steven4064** · 3rd April 2008 22:10

Currently the situation is as Castlebest says - they may not enforce the account (this is in s78(6) of the Consumer Credit Act 1974). This means:

1. they may not ask for payment (and you don't have to offer payment)
2. they may not add charges or interest icon

3. they may not pass information concerning the account to any third party including, but not limited to, Credit Reference Agencies.

You could write and tell them that or leave it until the commit an offence (under the same section - but not actually criminal I don't think) one month after the 12 days expired.

Passing infromation to Credit Reference Agencies would not only be an offence under s78(6) of the CCA 1974 but also an offence under the Data Protection Act.

If they keep asking you for payment it would be an offence (criminal now) under s40 of the Administrationof Justice Act 1970 and ss 1&2 of the Protection from Harassment Act 1997. If they keep phoning you it would also be an offence (criminal) under s127 of the Communications Act 2003.

They really are on thin ice

**fbnts** · 4th April 2008 22:51

Hi,

I've just seen this thread and have a similar issue with Natwest icon

CC and Halifax icon

CC where they have not produced the CCA for over a year. They are not contacting me but they do keep updating my credit file.

Is there a template relating to the CCA 1974 for this?

Tom

**sallysas** · 5th April 2008 11:06

Sorry to hijack this thread but Egg icon

settled with me last year but I didn't send cca request. Can I do so now and if they don't send me a copy can I instruct cccs not to pay my debt to them till they send me information. Can I also send off PPI icon

letter (in for a penny).

Another learning experience............... .....

**steven4064** · 5th April 2008 14:27

You can only send a cca request if you actually still owe them money. You can certainly send a PPI icon

letter - you will have to show that the PPI you bought was useless to you.

**mizan** · 15th November 2009 17:13

Hello,
Can someone help.
I had CL finance issue a small claim icon

application against me, I did everything recommended on these pages, i asked for the original CCA and sent them £1. however they never complied with it, until just 5 days before the hearing. At the hearing I agreed to pay £1200 (they wanted £2206). There is no order against me, we have a Tomlin order which says i agree to pay the £1200.
I was wondering, if they have committed a criminal offence by not supplying me with the CCA agreement within the 30 day limit, to who do i make this complaint. Can anyone assist?

**steven4064** · 15th November 2009 18:59

It is not a criminal offence and they did supply it eventually - that removes their default in the eyes of the CCA. Sorry.

**mizan** · 15th November 2009 19:07

Thank you for the above.

Can ask another question? They supplied consumer agreement, however the consumer agreement was dated 08/06/07 but in the statements it read Card starting Balance 20/01/97.

Should I ask them to confirm why the difference between the dates?

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