Thread: Egg Credit Card Agreement

Hi Lex
Thanks for pointing out i had left some details on,i did sign the agreement and the 2 sheets shown is all they sent.

barns66

Hi
Thanks for the help i received from Lex,but i am still not sure if they send me everything they should have.

barns66

Hi Steven
Thanks for your reply,i just thought they might something else i should have had,but now i know thats not the case.Thank you.

barns66

Hi Barns66, I have received exactly the same Egg agreement, but what evidence is there that the two pages were part of the same document, as there doesn't seem to be anything to link them? Mine is being handled by Moorcroft and they are the most ignorant, unpleasant bunch of people you could ever have the misfortune to deal with IMO.

I agree Magda,i can't see any evidence either that both are linked and i thought they should have supplied something else, like the terms and conditions at the time the card was taken out but i must be mistaken.

barns66

I have exactly the same thing -no t&c. How do you intend handling it.
Ruby

I am going to write to Moorcroft (Egg) to dispute the 'agreement' as there is nothing to link the pages and also no T&C's provided or statement of account. Will let you know how I get on, Magda

Magda + Ruby,mine is being handled by Collect Direct (UK).I sent them a letter asking them to clarify that the 2 pages where part of the same document and that they contained no t&c,i have not heard back from about this but got a letter this morning saying they are considering sending a personal representative to my home,they will be getting the letter about trespass on Monday,plus another letter for them to provide me with what i asked for,if anybody as any suggestions what i should include in the letter i would be grateful.

barns66

XXXXXXXXX 2008



Dear Sir,


We refer to your recent letter dated 16th April 2008.

You will see from your files that the above mentioned account is "in dispute" as you have failed to reply to the s.77/s.78 Consumer Credit Act 1974 request of XXXXXX.
The ‘agreement’ provided does not appear to be linked in any way, i.e., pages one and two (the signature document) show no apparent connection. Under SI 1983/1553 the prescribed terms MUST be within the signature document to be valid, having them on a separate sheet headed T&C or similar ISN'T acceptable. This applies to all agreements pre May 2005.

As this account is in dispute and you were aware of this and are continuing to contact us, we now feel that you are in breach of your obligations under:

The Office of Fair Trading’s Collection Guidelines:

For "failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in the "debtor" being wrongly pursued"

The Banking Code –;

For "not ceasing collection activity /contact with the "debtor" whilst investigating a reasonably queried or disputed debt."

Your Consumer Credit License

You have failed to produce a properly executed credit agreement for the above numbered account, and as such dispute the entire balance of the alleged debt which is unenforceable. As there is no agreement between us, you also do not have permission to continue to contact us regarding this account, either by post or by personal contact. We also deem any further collection activity, of any nature that involves contacting us in relation to this account, an act of personal harassment, for the reasons outlined in this letter.

Please ensure that your system is updated to reflect this, as we will bring any future collection activity/contact to the attention of the appropriate Body, to whom we will make a formal statement regarding your conduct, given we have already warned you that your behaviour causes us to feel harassed.

We are of the view that your continued harassment/contact puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

Be advised that any further correspondence from your company will be used as evidence in any future formal complaint.

If you wish to resolve our complaint, you must supply the documentation previously requested to substantiate your claims against me under the alleged agreement. Failure to do so will result in my ignoring any further letters from you and the actions outlined herein being taken in complaint against you. We shall not correspond further with you regarding this issue unless you can fully substantiate your claim as outlined, and on receipt of a valid agreement, we shall of course be happy to resume payment to your company.
We have obtained a certificate of postage for this letter as proof of postage. We have also enclosed, for your information a copy of my original letter in which a request for a true copy of the agreement was made.

Yours faithfully

something along these lines might do the trick, bu tyou can adapt to suit, Magda

Originally Posted by MAGDA

XXXXXXXXX 2008



Dear Sir,


We refer to your recent letter dated 16th April 2008.

You will see from your files that the above mentioned account is "in dispute" as you have failed to reply to the s.77/s.78 Consumer Credit Act 1974 request of XXXXXX.
The ‘agreement’ provided does not appear to be linked in any way, i.e., pages one and two (the signature document) show no apparent connection. Under SI 1983/1553 the prescribed terms MUST be within the signature document to be valid, having them on a separate sheet headed T&C or similar ISN'T acceptable. This applies to all agreements pre May 2005.

As this account is in dispute and you were aware of this and are continuing to contact us, we now feel that you are in breach of your obligations under:

The Office of Fair Trading’s Collection Guidelines:

For "failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in the "debtor" being wrongly pursued"

The Banking Code –;

For "not ceasing collection activity /contact with the "debtor" whilst investigating a reasonably queried or disputed debt."

Your Consumer Credit License

You have failed to produce a properly executed credit agreement for the above numbered account, and as such dispute the entire balance of the alleged debt which is unenforceable. As there is no agreement between us, you also do not have permission to continue to contact us regarding this account, either by post or by personal contact. We also deem any further collection activity, of any nature that involves contacting us in relation to this account, an act of personal harassment, for the reasons outlined in this letter.

Please ensure that your system is updated to reflect this, as we will bring any future collection activity/contact to the attention of the appropriate Body, to whom we will make a formal statement regarding your conduct, given we have already warned you that your behaviour causes us to feel harassed.

We are of the view that your continued harassment/contact puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

Be advised that any further correspondence from your company will be used as evidence in any future formal complaint.

If you wish to resolve our complaint, you must supply the documentation previously requested to substantiate your claims against me under the alleged agreement. Failure to do so will result in my ignoring any further letters from you and the actions outlined herein being taken in complaint against you. We shall not correspond further with you regarding this issue unless you can fully substantiate your claim as outlined, and on receipt of a valid agreement, we shall of course be happy to resume payment to your company.
We have obtained a certificate of postage for this letter as proof of postage. We have also enclosed, for your information a copy of my original letter in which a request for a true copy of the agreement was made.

Yours faithfully

something along these lines might do the trick, bu tyou can adapt to suit, Magda

Thank you very much Magda,i will get a letter posted to them using this if thats o.k with you,adapting to suit.

barns66

No problem, hope it does the trick! Magda

Originally Posted by MAGDA

No problem, hope it does the trick! Magda

Thank you very much Magda,will let you know what happens.

barns66