Thread: egg court action

Hi All,

I have not posted for some time, however my oh has just received a letter threatening court action from Trevor Munn solicitors.

Oh's Egg account was passed to moorcroft who we cca'd and received a copy stating "limit to be arranged" like many others on this forum. I replied with a letter disputing the account and it was passed to 1st credit. We ignored phone calls and letters and then received a letter from ARC 2 wks ago. I sent a letter recorded delivery disputing the account and have now received a letter today from TM solicitors stating that they will prepare this issue for Northampton court within 7 days if no payment is received.

I do feel like repying with " SEE YOU IN COURT" but maybe not?

Could anyone possibly advise, my next move on this?

Kind Regards

Is this a credit card or loan account?

its a credit card.

Originally Posted by dropit

its a credit card.

Do you have a copy of the original Egg Card Agreement and under the section 'Limit' does it say 'Approved Limit'?

That is not a prescribed term under CC (Agreements) Regs 1983 Schedule 1 and the agreement is unenforceable.

Of course the agreement MUST predate 2007.

Yes, thank you for replying, the agreement was about 99-2000.
I have read many posts on this forum and thought that it was unenforcable, however not sure of my next move?

I don't know how the account came to be in the hands of a DCA originally, was it in default?

If the agreement doesn't comply explain this to the solicitors and tell them that according to the Consumer Credit Act 1974 s.127(3) the courts cannot enforce it.

They may take you to the line, but in the end the courts must apply 127(3).

Extract from OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT IN THE CAUSE
Wilson and others v. Secretary of State for Trade and Industry (Appellant)
ON THURSDAY 10 JULY 2003
Para 29. The court's powers under section 127(1) are subject to significant qualification in two types of cases.

The first type is where section 61(1)(a), regarding signing of agreements, is not complied with.

In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3).

Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order.

The very last paragraph is the killer (for Egg).

The situation appears simple-but that`s because I am not as far along the line as you are-I sent my account in dispute letter only a week ago.


You are claiming it is unenforceable because it does not contain the prescribed terms-Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order.


I don`t know how a court would work it but if it goes all pearshaped then I think you would then show them (the court) your income and expenditure and your offer to make a payment you can afford-I also think you can ask the judge to take off their interest and charges.

Either way-see you in court is probably the best way forward-BUT I think we need an "expert" to advise.

Have hope-when it gets to this stage one of the site team always steps in with advice.

If this is the document they are going to take you to court with they`re goosed, THEY sent it like that? All Blanked? Very strange, so what`s to say this is your agreement? Does it have your signature on the other page?

Hi lollipop,

Thank you for your comments, I actually subscribe to your thread and found out about the limit as apposed to the credit limit and used a sample of your letter, edited for our own situation. The tax office have petitioned for my oh bankrupcy, therefore we do not have a lot to lose by fighting this in court, as will be unable to pay anything because of very little assets.