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Can people advise if this is an enforceable CCA? Its "my copy" I was sent when I took the card out in 2000. Its double sided, and I have another two double sided sheets with the Ts&Cs.
Would I be correct to say that its unenforceable because of the section on my credit limit, or lack of the word credit to be more precise?
Could I also say its unenforceable as it fails to state a cooling off period?
It`s the exact one I have had back off them-still deciding what to do really, I will have to send an account in dispute letter. But can`t decide if I should make them a 2p in the £1 offer-it would be £100 in my case, or if I should wait until they make their next move.
However, as you have paid it off, unenforceability is not the issue for you.
The general consensus on these boards seems to be that default removal is a long and difficult process with no guarantee of success at the end. I think you have to try and show that it is untrue, defamatory, it has caused you financial problems etc. to have a claim. Have you seen this thread:- http://www.consumeractiongroup.co.uk...lback-egg.html
When were the defaults? They drop off your files automatically after 6 years.
Another question. How come you ended up with two defaults on the same account? This is something we are worried about on our Egg accounts which we are planning to stop paying on due to unenforceability issues. However, I have been unable to find a satisfactory answer so far on the question of whether they are allowed to default the same account more than once.
The two defaults are a result of Egg selling my account to Lowell when I entered a dmp. I entered a dmp in March 2005, making token payments for 6 months. For the first two months egg shown my payments as late, then after that they have listed my account as in default. After 2 years on the DMP, in July 2007, they sold my account to Lowell who promptly entered their own account on my CRF. That same month I was lucky enough to be in a position to make a F+F which was accepted. The account is currently shown as settled with both egg and Lowell on my CRF, with September 2007 and August 2007 as the respective settled dates.
I CCAd Egg on 13/02/09. They've replied with their standard give us your signature for security reasons guff. I've sent back a response basically saying that there's no point in sending my signature as it has changed significantly over the years and that they have sent me correspondence without needing a sig before.
There is no consistency with Egg for some inane reason. They sent mine out and l didn't sign my request, l put in a photocopy of my drivers licence and copy of my utility bill.
They are in default of your request, send them a letter saying as much and include the id.
Could you please tell me why this one isn't enforceable? I've got two Egg agreements very similar to this (here: http://www.consumeractiongroup.co.uk...forceable.html) which I've thought a judge would enforce as they contain the prescribed terms...
Despite asking for copies of default and termination notices, they have failed to provide them. I do see however from a screen dump that they sent a default letter on xx/xx/xx with a code DRSD 28 days. I'm presuming this letter stated I had 28 days to pay the arrears otherwise a default would be filed and the account terminated. Sure enough the same screen dump shows that a termination letter was sent exactly 28 days later. Sounds like the default notice may be iffy!
That agreement is the same as mine and I am rufusing all payment as its unenforcable. Any letters from them or they have even tried to reassign it, All I do is write to them and state "This account is in dispute - no further correspondence will be entered into"
This shuts em up time and time again.
I have no assets apart from a joint mortgage (They cant touch that) so I am really wanting them to push me into court and get it over with.
I have no income either. Cant get whats not there. I really wish they would push me into court as there is nothing anybody could do.
So in my case I am sort of ignoring them. (Im probably wrong, but they have an unenforcable agreement at the end of the day)
Wey up your assets and if poss i would advise what I do.
Unenforceable CCA
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Originally Posted by cds
