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Hi there, my Egg CCA is unenforceable according to the learned views of some members on here. Would the below letter be okay to send to them? If not can someone direct / link me to a better alternative.
Once again, your help is appreciated.
Dear Egg
Thank you for you letter dated 15th January 2009.
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 require the following action from Egg :
1. All payments made to date to Egg for this account should be refunded in full, including interest at the rate of 8% per annum.
2. Removal of all defaults (if any) enetered by Egg. Note this is to be a complete deletion and not merely an amendment.
If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force (or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the fos and my local MP.
Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.
I look forward to your reply within 14 days to resolve the matter amicably.
EEG CCA unenforceable, is this letter okay?
at the rate of 8% per annum.
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