Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
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the last image is a screen dump, reading the url for the webpage it looks like the current terms and conditions and not the ones you signed up for.
plus i'd pick apart the url shown and see if it includes your acc number or anything that attaches it to you.
Dont want to supply false hope tho, Egg cca seem to be very watertight. if its any consolation i'm iv'e recently cca'd egg via moorcroft and am still waiting
Just going by another thread, is there not a distinction between the requirements of a pre-2004 CCA and a post-2004 CCA? I note that the openng page of yours says 2003.
Bank and credit card reclaims - £9,806
Sainsburys CCA non-compliance with FOS;
Natwest reclaim of £340 in progress;
Egg credit card reclaim in progress
Hi to everyone and thanks for your comments/questions. Sorry I have been a bit too snowed under to give this my full attention (so many CCA's so little time).
I've been trying to work it out - is there anywhere you can point me to with regards to the difference between pre 2004 agreements?
The 'screen dump' contains nothing specific to my account as far as I can tell and on the pages that deal with interest rates, it has 'for those that apply bet. 1/7/03 & 31/7/03', but it also goes on to list charges for those who 'applied' between various other earlier dates, in sections back to 2002.
Having never seen a real CCA, does anyone know if this is normal? As I don't quite understand why past rates would/should be included in 'my' CCA.
No actual credit limit mentioned as they still had credit checking to do -which makes me wonder why they would sign the agreement when;
"this agreement will only be binding on us when we have completed and are satisfied with our final checks and other searches and you have signed and returned the credit agreement to us"
yet it appears to have been signed before I signed (if I did sign an official agreement, that is) not sure where the line in their signature box comes from as it doesn't seem to correspond with any fold on the other copied page - could their signature be from somewhere else? (sorry if this question seems a bit muddled)
Clutching at straws, but the return address also states 'new application'
Yeh mine too. I know the prescribed terms must be on the agreement, but do the terms and conditions at the time the *alleged* agreement is made have to be included in the same single document?
the agreement in post #1 is not enforceable for the reasons given - it doesn't have your signature and the prescribed terms in the same document. The prescribed terms are on the screen dump
Steven
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I just got my CCA from Egg (Blue) card, took 3 weeks. Must have cut down 2 trees for the amount of paperwork sent with it. Identical to the first post. No mention of credit limit ect. Has anyone pursued this further yet?
the agreement in post #1 is not enforceable for the reasons given - it doesn't have your signature and the prescribed terms in the same document. The prescribed terms are on the screen dump
can you explain a bit more steven4064
My agreement is almost the same. whats missing from doc1 to make it unenforceable?
Another thing that might help is that it states "limit" only when referring to the credit limit (which may be determined from time to time) it must state the words "credit Limit" to comply with the Act. This is something that has been picked up on other threads by Pt, and most of the older Egg agreements (my own included) seem to be worded in this way. Magda
the agreement in post #1 is not enforceable for the reasons given - it doesn't have your signature and the prescribed terms in the same document. The prescribed terms are on the screen dump
I thought the prescribed terms where those shown in the first image, i.e. amount of credit, interest, and payment terms - not the complete terms and conditions. If that is the case, then it seems Egg have the prescribed terms in the right place, although having a signature on a separate page may be a no no.
It seems all lenders put their full terms and conditions in separate documents and refer to them. But are those full Ts & Cs part of the "prescribed terms" as defined in the Consumer Credit Act? If so, then it would indicate that just about every lender has cocked up their agreements as I've never seen any lender put them anywhere else but as a separate document, i.e. not within the four corners.
I thought the prescribed terms where those shown in the first image, i.e. amount of credit, interest, and payment terms - not the complete terms and conditions. If that is the case, then it seems Egg have the prescribed terms in the right place, although having a signature on a separate page may be a no no.
It seems all lenders put their full terms and conditions in separate documents and refer to them. But are those full Ts & Cs part of the "prescribed terms" as defined in the Consumer Credit Act? If so, then it would indicate that just about every lender has cocked up their agreements as I've never seen any lender put them anywhere else but as a separate document, i.e. not within the four corners.
You are right - the prescribed terms are the 3 you identify and are on page 1. To be enforceable, there must be on the same document as the signature. If pages 1 and 2 are back and front of the same page, then it would be enforceable. However, the way it is printed with the egg logo on both sheets would indicate (to me at least) that these are 2 seperate pages.
The remainder of the terms and conditions may be on a completely different document.
Steven
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My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Indeed there is nothing to prove they are part of the same document.
I have one from MBNA (won't go into it here except to compare against Egg) which has the prescribed terms photocopied on the back of what is basically an application form, but nothing ties them together and there isn't even a signature panel for MBNA to sign, only for me to sign the application. So I guess that would also indicate that these agreements are less than properly executed!
Oh, and I love the way Egg can't even be bothered to send a proper terms and conditions document out, they just do screen dumps of pages on their web site. They have become a very lazy company. I remember when their customer services department was extremely helpful and appeared to be staffed by decent people, but now they are just another branch of the mighty Sh***yCorp. <End rant>
Indeed there is nothing to prove they are part of the same document.
I have one from MBNA (won't go into it here except to compare against Egg) which has the prescribed terms photocopied on the back of what is basically an application form, but nothing ties them together and there isn't even a signature panel for MBNA to sign, only for me to sign the application. So I guess that would also indicate that these agreements are less than properly executed!
Oh, and I love the way Egg can't even be bothered to send a proper terms and conditions document out, they just do screen dumps of pages on their web site. They have become a very lazy company. I remember when their customer services department was extremely helpful and appeared to be staffed by decent people, but now they are just another branch of the mighty Sh***yCorp. <End rant>
Egg has informed me (via Moorcroft) that I can obtain the T&cs for the account on their web site! I have informed them that they have to be the original t&c's not the current ones, but Moorcroft informed me that Egg's legal team has confirmed they do not need to do anything more, other than to direct people to their website, which is complete rubbish. I wrote to Egg asking for confirmation that they hold a copy of the orignal agreement, as what they have sent me is two page document with no apparent link. I also pointed out that the prescribed terms are incorrect as it states on the agreement 'limit' only and not 'credit limit' which apparently it must do. They have totally ignored all of my correspondence and have informed Moorcroft to continue litigation. I rang Moorcroft today to check they had received my latest correspondence and they advised me that the only thing left to do then is to take me to court. So, I told them to go ahead. Wonder if they will oblige? Magda
You need to check the URL (see post #2), if it has nothing specific to your account, then it's just a screen dump!
Can anyone suggest a way forward with this? So many of us seem to be in the same Egg cup!
Many thanks, thereisanotherway, the Egg agreements do seem a bit more complicated than normal don't they, at first everyone said they were definitely enforceable, although certain cracks now seem to appearing in them, such as the credit limit issue, where they have only mentioned the limit. Not sure how any of us would get on though if it did go to court, magda
Egg CCA - Enforceable?
have replied to my CCA request with the following - it looks pretty official.
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Originally Posted by steven4064
