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.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hello to everyone who has contributed to this forum and thank you for taking the time out to help others - it is greatly appreciated. I have just joined the site yesterday so please excuse me if I have posted on the wrong place as I am struggling to find my way around the site.
Below is a copy of my Egg Credit Card Agreement. Can someone please tell me if it is enforceable or not.
Further queries/relevant information:
(1) also enclosed was a printout from the internet off the CC terms and conditions, which looks to be from their website circa 2004 by the dates mentioned. This is a separate doc entirely and has no signatures or any of my info.
(2) On page two there is a tickbox 'for the return of any supporting information sent to Egg'. This is ticked. I am about 90+% certain I don't remember sending them any supporting info, and so wouldn't have ticked this box, also the tick is not in my style of writing (sounds silly but my ticks are large and sloppy not small and prescise) and there are marks (are they just folds?) on both docs...has it been doctored, and if so what can I do?
(3) How do I work out the APR / interest bit, or would anyone help me?
(4) Is the credit limit bit missing or is what they have put okay?
(5) Also same with the right to cancel?
(6) Many thanks for any help at all - much appreciated.
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.
Hi Danny, subbing your thread as i received the same docs through from ARC who are the DCA for my Egg card.
Although i didn't receive any terms and conditions in my envelope
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.