Thread: Response to our Egg CCA request - Please Help !

Received this today after a long wait, would appreciate any comments.

http://i407.photobucket.com/albums/p...salt/REGG2.jpg
http://i407.photobucket.com/albums/p...salt/REGG1.jpg

Thanks

Cosalt

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Originally Posted by steven4064

Typical Egg agreement. It is unenforcable becasue it doesn't have the prescreibed terms. It should have a term telling you what your credit limit is. Instead you have an approved limit - whatever that is. That is meaningless and does not comply with teh Consumer Crdit Act 1974 and its associated regulations.

Thanks so much, TBH I thought it looked ok, I did notice the heading was wrong - should read 'Credit Card Agreement' not 'Credit Agreement'

Any idea what sort of letter I should send in response, or should I do nothing. This account is now with 'Collect Direct' not egg.

Cosalt

How about this:-

Dear CD

Thank you for you letter dated XXXXXX, unfortunately Egg have provided you with a copy agreement which does not compply 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)

As a measure of goodwill I would be prepared to offer the sum of £2000 in Full and final settlement of this account on the basis that you remove any default that you have registered with any credit reference agency as required by the Data Protection Act 1984 since it is obviously incorrect as no agreement existed between you and Egg. If you refuse, you will commence court proceedings against them under s14 of the Data Protection Act 1984.

I look forward to your favourable reply within the next seven days.

Cosalt


The a balance is actually about £12.5K I just though we would offer them that. If they accepted it would I then be able to offer them say £100 for 20 months ?

Thanks

Cosalt

Ok, so are you suggesting it would be best that I not offer them anything at present, and maybe see what they come back with in defence of my claim that the agreement is not enforceable ?

Sorry to barge in on this thread but I think its also relevant to mine a little further down. I think my agreement is unenforceable for the same reason but would like some advice if possible. My debt is still with Egg, would the letter above be suitable for me to send them if I adapt it slightly?

http://www.consumeractiongroup.co.uk...questions.html

There is also a thread for my Egg loan if anyone is able to check the agreement and see if it looks ok (pretty please)

How about this ?

Dear CD

Thank you for you letter dated XXXXXX, unfortunately Egg have provided you 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 have registered with any credit reference agency as required by the Data Protection Act 1984 since it is obviously incorrect as no agreement existed 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.

Cosalt

Originally Posted by Mistermind

DNs are issued and notified to CRAs by Egg. CD have no involvement in this. Some go after Egg, others tackle the CRAs for publishing allegedly untrue info. Far from easy.

Thanks so should I say they should ask egg to remove the default markers or just not bother mentioning that at all ?

Thanks everyone, no amended to this, any good ?

Dear CD

Thank you for you letter dated XXXXXX, unfortunately Egg have provided you 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 request EGG to remove any default that has registered with any credit reference agency as required by the Data Protection Act 1984 since it is obviously incorrect as no agreement existed 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.

Cosalt

Originally Posted by Mistermind

You write in a tone suggesting you almost believe CD are gentlemen.

Not sure what you are reffering to?

What do you suggest I send then, something along the lines of-

' get stuffed, I am not paying you a penny, I hope you suffer a nasty accident '

We also have a "Credit agreement" for an Egg card with an "approved limit".

So little time, so many credit agreements to challenge.....!

Hi, could somebody possibly confirm that this part of the letter as underlined below refers to the incorrect heading on the agreement.

If so I think we have established in other threads that this only applies to post 2005 agreements ?

Thanks


Dear CD

Thank you for you letter dated XXXXXX, unfortunately Egg have provided you 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 request EGG to remove any default that has registered with any credit reference agency as required by the Data Protection Act 1984 since it is obviously incorrect as no agreement existed 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.

Cosalt