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Hi james3004 / cds
I have had the same letter come back from Egg yesterday, I didn't sign it when sent on the advice given on the forums, so they can't use the signature on a doctored copy.
If I just sign the request and put a line through it I will then scan it and keep that copy as you never sign the exact same signature twice.
Does the 10+2 days have to start again or is it still from the original date sent. Please if someone can give their opinion.
Many Thanks
Jim Pike
I like to keep the edge of the argument in my favour, send this but still sign and line it.
I keep the clock running from the original date, its all stall tactics.
RE Account NO XXXXXXXX
Thank you for your letter dated xx/xx/2008 the contents of which are noted
In your letter you make reference to requiring my signed authorisation before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my S78 request.
If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.
However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this matter.
As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:
7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
My request for a true copy of my credit agreement under section 78 was made on xx/xx/2008 and the 12 working days for your compliance expire on xx/xx/2007. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.
I look forward to receiving the documentation requested.
I would appreciate your due diligence in this matter.
Many Thanks cds
I will if that's OK, copy your letter and send it with the request.
as your letter says, they have used that address for many years and even passed it on to the DCAs so they have deemed it to be me at the correct address.
Thanks again cds and everyone for giving up your time to help us with these people.
Jim Pike
Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.
The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.
My request remains outstanding. The absence of any relevant paperwork confirms that I am not liable for any debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.
I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.
You had until xx/xx.2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.
To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.
The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office
The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation. If you continue to harrass me without complying with my original request your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.
To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.
Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.
Also please note I am of the view that your continued harassment of me by telephone puts you in breach of CPUTR 2008 and also in breach of the Protection from Harassment Act 1997.
If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.
Be advised that any further telephone calls from your company will be recorded.
Hi maroondevo52
I am in the same position as james3004 still waiting for my cca from Egg. I will use your dispute letter also if that's OK, Eggs DCA has now accepted my reduced payment offer now, for a short term. this is after I have waited to go to court for the charging order, wondering now if they can't get the cca either as the original is required in court?
Cheers
JimPike
On the face of it this looks like a later Egg agreement where they had sorted out some of their earlier mistakes. There is also no payment protection insurance, so you don't have that angle of attack.
Two points that might be worth looking into are:
1. Where is the APR? I can't see this anywhere (and it's not the same thing as an interest rate). I thought this was a prescribed term for agreements in 2006 and earlier?
2. Did you ever receive any of this money or was the whole lot used to clear an Egg card? Or part and part? Some people are challenging agreements where this has happened.
Egg APRs normally seem to be ok but I can't check as I can't read the scanned up agreement. What is the amount of the loan and what are the monthly repayments (and how many)?
Egg Loan
as atached and recieved the attached reply, i'm sure i read somewhere that you are not meant to sign the letters?
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Originally Posted by james3004
