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Got a cca from Egg for my Egg card which I originally thought was enforceable, however having read some more on the subject I'm now not so sure it is. I would therefore be grateful for some opinions
Reasons I am not sure it is enforceable are;
1. The signature page is seperate to the t&c page, I believe this doesn't matter if the pages are obviously linked but I'm not sure there is any definite link between them.
2. The word "credit" isn't mentioned when Egg talk about "my limit" therefore I am not sure the prescribed terms have been met. As limit in this context may not necessarily mean credit limit, presumably it could be misconstrued as something else.
They have sent a copy rather than the actual original so I don't know if it was originally two pages or one double sided one. Do you know how they normally are done by Egg at all?
Any progress from anyone on this? We have the same Egg agreement from 2002 with an "approved limit" which is said to be unenforceable because it lacks the prescribed term "credit limit". We were originally going to try and get the PPI refund, but perhaps this is a better approach?
Has anyone sent them a letter about this or, more importantly, stopped paying?
Any progress from anyone on this? We have the same Egg agreement from 2002 with an "approved limit" which is said to be unenforceable because it lacks the prescribed term "credit limit". We were originally going to try and get the PPI refund, but perhaps this is a better approach?
Has anyone sent them a letter about this or, more importantly, stopped paying?
My wifes egg is being dealt with by a DCA, my agreement is about to be passed over. I have not paid anything on either since september.
Both agreements have the 'approved limit' term and are therefore unenforcable.
I also have the added advantage that egg terminated my agreement last year without a default notice, and then defaulted it and terminated it again.
DCA's always harp on about using the facilities as acceptance of debt etc etc, but that has nothing to do with it, if the debt is unforceable the law says you can not be made to pay it, the debt may still remain but its your choice if it is repaid.
Thanks cosalt, I think I will try and persuade my friend to do the same.
Is it normal to be defaulted more than once on the same account? Her defaults are 3.5 years ago so will be dropping off in the not too distant future. It would be a pain to get a new default registered in 2009.
I have received the exact same documents in reply to my CCA request to Egg, together with a screen print of their T&C.
My account was "terminated" on 4 December 2008, though I know it was ended by them earlier due to the Citi thing, I honestly cannot remember if it was ended or terminated at that stage. it definitely wasn't in dispute or any arrears then. That was before i started my mission!
They sent my CCA response in November and I replied with a template letter on 8/12 stating it did not comply. As I said they wrote on 4th (arrived after I wrote to them) terminating and stating they would pass to a DCA in 10 days. To date I have heard nothing else. Not from them or a DCA.
I am keen to follow the outcomes of the rest of youo on this thread though, especially if it means my CCA information is definitely non compl;iant. Its interesting too that they haev signed these agreements before the client! Surely in real life the company signs after you send the form back? And after they have approved your application!!
hi all I have two cards with the same approved wording on them,
have cca'd Egg for both to see what they have.
Both cards were terminated last year during the credit crunch frenzy.
I had a fairly high balance on both but no missed payments.
they just withdrew facilty and was told to clear the debt with my monthly payment. I stopped paying and they are with DCA.
Best of luck with your accounts and I will keep you posted on how I get on
ok guys I sent Egg a secure message the other day which is posted below (thanks to Cosalt on the other thread for the wording).
Dear Sir/Madam,
Thank you for you recently supplying me with a copy of my credit agreement for my Egg card, unfortunately you have provided me with a copy agreement which does not comply with s61(1) of the CCA 1974 and the associated regulations and is therefore only enforceable by an order of the court by virtue of s65. However, since it does not have a term concerning the credit limit (rather, it defines an 'Approved Limit' - whatever that is) as required by Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, the court would be prevented from granting such an order by virtue of s127(3)
I trust you will now be in a position to reduce the balance on this account to £0 and remove any default that you may have registered with any credit reference agency as required by the Data Protection Act 1984 since it is obviously incorrect as no agreement exists between me and Egg. If you refuse, I will commence court proceedings against you under s14 of the Data Protection Act 1984.
I look forward to your favourable reply within the next fourteen days.
However, the debt is yours, and we're not going to write this debt off.
Also, your direct debit has been cancelled, and this month's payment hasn't been met.
Please call our Collections Team on 08456 000 296.
They're open Monday to Friday 8am until 9pm and Saturday/Sunday 9am until 6pm.
And thats it!! Whats everone's thoughts??
Hi, if you look at my other thread you will see I have now had a reply from the DCA in respone to my letter.
What I have noticed in all replies I have received to any complaint I have made ( not just Egg ) is that they always avoid mentioning the reason you state the agreement is unenforcable. They will happily refer to other parts of the letter but never say 'your accusation is wrong because of xyz' they just ignore it. I think they know we are right but just hope we will go away.
Think I need to go back to Egg with a letter saying they shouldnt be asking for payment when they havent properly complied with the CCA request.
Do others think this is the way to go or is there a better avenue to go down?
While I know this letter will just be ignored by them at least it will show I'm "playing the game" as it were. It will also prove the account is in dispute.
Send them your letter by post recorded delivery, take a look at my thread lollipop vs Egg or cosalts thread response to our cca request, and under zero circumstances telephone them or accept calls from them.
They have dodged the question and until they answer it they are.........well stuffed. And don`t send anymore emails-I`m not saying that it is wrong as such, just that there is a temptation to engage in a discussion you may later regret having just because it is there and convenient. Cool heads, and steady hands................
Egg cca questions
for my Egg card which I originally thought was enforceable, however having read some more on the subject I'm now not so sure it is. I would therefore be grateful for some opinions
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Originally Posted by militantconsumer
