Thread: URGENT EGG Defaulted on CCA Request Account Increased by £2000 since

Steven4064 is the expert on CCAs going awol and consequences thereof. Until he surfaces one of his postings is pasted below as appetiser:

That means they are in default and must not enforce the account. Section 78(6) says:
Quote:
(6) If the creditor under an agreement fails to comply with subsection (1)--
(a) he is not entitled, while the default continues, to enforce the agreement; and
(b) if the default continues for one month he commits an offence.
I would write and point this out to them and tetll them that it will be made known to the court should they proceed with legal action.

For an account with £4K debit balance, an increase of £2K over 11 months equates to £180 increase per month, if you have made no inward monthly payments and added no purchases. Debit interest around 2% per month would account for £80-£100. Overlimit and Late Payment penalties would add 2 x £16 per month, total around £132, in contrast to the known monthly balance rise of £180. To explain this difference of £50 per month, perhaps you could logon to Egg and view your monthly statements, or request prints of same from Egg?

Until Egg find your CCA they cannot legally enforce collection of the oustanding balance, but there is nothing to stop them in the mean time from adding theoretical monthly interest and (reclaimable) charges, until that day if ever when they do find your CCA, when the debt becomes legally enforceable again. This is rather a sword of damocles, hanging overhead by a thread not knowing when the thread will break.

Steven4064 should be in soon.

By their action over the past eighteen months Egg have already conceded their Overlimit Charge and Late Payment Charge (£20 then reduced to £16) will be refunded after token resistance to claimants who ask. Their IT system does however carry on levying such charges monthly where applicable, even after refunding previous similar charges. In other words, until you ask for a refund you do not get it. Evidently out of 2 million Egg cardholders only a small proportion have asked for refunds, so Egg even now will be raking in far more in penalty charges than they are paying back.

If Egg or Moorcroft have additionally piled debt collection charges onto your statement then you would have a good case for having them rolled back. Not so the substantial monthly debit interest lawfully accrued on previous purchases and cash advances.

They can add on as much interest and charges as they like - it is obviously keeping them amused. But it matters not one bit - they can't enforce it without a valid CCA.

Well then you can claim back their silly charges and the interest on them. I see your point though - what you really want is for them to write it off and go away. How sure are you that the CCA is not valid?

Not sure if it would be a legal argument, but until the CCA is produced, you have a legitimate legal claim to have the debt written off. As the delay in producing the CCA is not your fault, but theirs, then you cannot be held responsible for costs incurred/interest incurred whilst they provide the required and requested proof that the debt is owed.