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I sent a CCA request to Egg in January and received the same agreement back as almost everybody else here. The one that just states "approved Limit" not "credit limit". Their 12 + 2 days were up on 11th Feb so I sent an account in dispute letter and yesterday I received a letter off them saying:
We've received your complaint
We're sorry you've had reason to complain and this letter is to acknowledge receipt of your complaint. This has now been passed to one of our Customer Relations Advisors who will carry out an investigation and, if neccessary, contact you to discuss your complaint in more detail.
Should we be unable to resolve your complaint to your satisfaction within eight weeks of receipt, we will contact you again and explain the reasons why.These timeframes are inline with regulations set out by the Financial Services Authority.
At the end of the eight weeks you can exercise your right to take your complaint to the Financial Ombudsman Service or sooner if you have received our final responce. Typically you have six months from the date of our final decision to do this.
We aim to resolve complaints as quickly as possible and we will keep in contact with you.
Thank you for making us aware of your complaint and giving us the opportunity to put things right.
Has anyone else received this letter?
I have missed the last payment and they were calling everyday but now I havent heard from them in over a week apart from this letter.
I received the "Termination of account letter" in Jan 08 and was paying them up until the end of last year but was unable to carry on paying minimum amount so I sent a letter offering a smaller amount which was ignored so thats when I decided to send the CCA request.
I will keep you posted with what they come up with in regards to my "complaint".
Can't wait to see what that is
Well, I've had a reply off them and it was what I was expecting really.
This is part of their letter:
Contrary to the assertions in your letter, the documents enclosed in response to your request constituted a copy of the executed agreement. This consisted of a copy of the agreement you originally entered into, together with the current terms of your agreement as required by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.
As permitted by these regulations, the copy of the agreement that you entered into is a "true" copy, reproducing the original terms and format of your agreement buy omitting signature boxes and signatures. As a matter of law, the documents we enclosed in response to your request constitute a "true copy" of the executed agreement.
We have provided all documentation required by law and do not consider there to be a genuine dispute as to the amount of your debt.
Has anyone any idea how I should respond to that? There has been no phone calls at all for a few weeks but I'm sure it's only a matter of time before they start calling again.
I am keeping an eye on all those in the same boat as myself and will keep my thread updated with any further info .
I'm very confused by Egg, most people, like you seem to get a very similar agreement.
I sent egg a CCA request 10 feb, got letter back 19 feb:
"Thank you for your letter, were sorry to hear that you're currently experiencing financial difficulties.
We need to make sure you're given the right help, so we'd ask you to please contact our collections dept on 08456 000 296. We're open.............
If you're unable to do this you should send us:
A detailed Breakdown of your income and essential expences
A list of all your other debts including the contractual payments you're required to make on them
Your proposal for reduced offers of repayment on a pro rata basis
Your contact telephone number in case we need to talk to you about any of the information you've provided
If you fail to contact us and your account falls into arrears, we'll issue you with a default notice. You'll be given 28 days to bring your account fully up to date. If at any time during this default period you're able to pay off your arrears and return to your normal payments, your account will return to its previous status and remain open. If you cant do this, your account will be terminated and the default will register on your credit file for at least 6 years. At bthis point we may pass your account to an external debt collection agency.
We'd really like to work with you to come up with a payment solution to stop this happening. Alternatively, enclosed is a leaflet detailing organisations that provide free debt advice.
Please get in touch with us at the above number as soon as you can so that we are able to start helping you straight away. If you still have your Egg card you should make sure this is destroyed and disposed of securely.
Yours sincerely"
I dont quite know what to make of it all?
No mention of my CCA request - no agreement.
Times up - I sent them default letter yesterday, I wonder what they'll send now?
Yes, my account was terminated last january and I have searched everywhere for the termination letter but cant find it, which is surprising cos I usually keep everything
I am definately thinking about that as a possible route as they dont seem to be budging on the non enforcable agreement issue, I have been following the "Termination of Egg card agreements" thread with much interest.
Tortilla, Eggs reply to you does seem strange cos nearly every one else has received the same agreement as me. No doubt you will receive one too. Keep us posted with their next move
I'm still trying to figure out what to do next. They haven't rang me for a while now. I will just have to wait and see what their next move is.
Basically you should respond by explaining to them that the agreement they sent may well be a true copy of the one you signed, but that does not make it a properly executed or compliant agreement and as such they cannot enforce it in court. Quote CCA 1974 s.127(3) and if you wish reinforce that with Nicholls and Overend. Remind them also about their having no rights to default you or pass to a DCA or report to CRAs.
Thanks for the reply Basa, I am going to have to come up with something cos they have now sent a default notice.
First I received a message through the online account which said:
Despite our earlier communications asking you to contact us, you have failed to respond. As a result we have issued a Statutory Default Notice which you will be receiving shortly.
We believe you may be experiencing difficulty in making your payments and would like to try and help you. We have a number of options available which could help including freezing interest and charges whilst you are in financial difficulty.
You need to call us as soon as possible so we can discuss your situation. There may be a payment arrangement suitable for you or we may be able to put you in touch with a free impartial advice agency which can provide independent financial advice to help you to manage your payments to all creditors.
We strongly urge you to contact our specialist team on 08453 660 605 to discuss the best way forward for you.
I like the way they said they would freeze interest and charges even though I asked them to do that and they wouldn't.
Anyway, I only received that message last night, but yesterday I received two letters from them, one a default notice and the other a letter saying legal action pending. In it it says I havent responded to the default notice they recently sent me. Well I would have a job seeing as I knew nothing about it till then
Has anyone got any idea what I could say to them in a letter as they are completely ignoring the unenforcable CCA issue. I have already sent an Account in Dispute letter stating the lack of the word Credit in the agreement. Also they havent passed this to a DCA yet which I thought they would have done by now.
Now Egg seem to be just totally ignoring my letters
I sent them a letter in respose to their default notice which they signed for on 19th March and I have just received another "Legal action pending" letter which has no mention what so ever of my letter, it says to call them immediately to avoid the possibility of my account being transferred to their solicitors with instructions to apply for a judgement against me for the full balance on the account.
My only other option is to send them a letter asking them about the termination of the agreement which they terminated in January 08, the account was not in default and I was within the credit limit. Anybody got any ideas what to put in a letter asking them about this?
They are truely annoying when they don't answer your questions, if their agreements were above board surely they would be able to give us a straight answer.
Hi pp found this on another thread originally by toymaker hope he doesn't mind I am going to change it to suit my situation with Egg
cds
xxxxxxx Solicitors
Our Ref: xxxxx
Your Refxxxxxx
Date
Dear xxxxxxxxx
Re: Termination by Egg of Egg Account xxxxxxxxxxxxxxxxx
Thank you for your letter of (date)
1.
In the course of preparing a county court Claim on behalf of your client, ARC (Europe) Ltd, you will have become aware that the debt claimed by your client is disputed by me.
2.
My reasons for disputing the debt, as both you and your client are fully aware, are set out in my letters xxxx to xxxx inclusive. As you know, paragraph 2.8 k. of the Office of Fair Trading debt collection Guidance of July 2003, updated in December 2006, makes it clear that collection activity must cease whilst investigating a disputed debt. I look forward to the results of your investigation.
3.
In the event that the dispute between Egg Banking plc and myself is put before a court for adjudication, I will draw the court’s attention to the following points.
3a
Both you and your client. ARC (Europe) Ltd, although fully aware that the debt is disputed, have continued collection activity in breach of paragraph 2.8k. of the OFT Debt Collection Guidance.
3b.
Both you and your client have ignored and disregarded the fact, of which both you and your client are fully aware, that the debt claimed by Egg Banking plc is disputed by me, and both you and your client have continued to make unjustified demands for payment, in breach of paragraphs 2.6h. and 2.8i. of the OFT Debt collection Guidance.
3c.
Both you and your client have communicated with me in a manner which presents information in such a way that it creates a false or misleading impression, and exploits my lack of knowledge, for example, my lack of knowledge of the law in relation to your own. Specifically, I am referring to your letter dated xxxx in which you state that the issue of court proceedings will mean that the amount I owe your client will increase. You also state that I can stop the claim being issued and the debt increasing by paying in full now. I consider that this amounts to unfair business practice, psychological harassment and a misrepresentation of the correct legal position within the terms of paragraphs 2.2b, 2.3, 2.6f, 2.10a, 2.10b of the OFT Debt Collection Guidelines.
3d
I also consider your client’s actions amount to psychological harassment within the terms of section 2.6h. of the OFT Guidelines, in that your client has ignored and disregarded the fact that I have reasonably queried and disputed the debt.
3e
I also consider that the way in which your client has exercised his rights under the agreement amount to an unfair relationship in terms of section 140 of the Consumer Credit Act 1974 as amended by the Consumer Credit Act 2006.
4.
As the solicitors acting for ARC (Europe) Ltd you will be aware that the credit card agreement between Egg and myself is governed by the Consumer Credit Act 1974, therefore I would be grateful if you would indicate to me the relevant section of the Act which provides Egg with legal entitlement to terminate my Egg agreement with effect from 6th March 2008.
5.
In the event that this matter is put before a court I will draw the court’s attention to the manner in which Trevor Munn Solicitors have dealt with the dispute between Egg Banking plc and myself, particularly in relation to,
The Consumer Credit Act 1974,
The Data Protection Act 1998,
The Office of Fair Trading Guidance on Debt Collection and Unfair Business Practices (Updated December 2006),
The Solicitors’ Code of Conduct 2007,
The Credit Services Association Code Of Practice.
I am confident that Egg, or the parties acting on behalf of Egg will, as I will, provide to the court full records of the matters to which I have referred, including copies of my letters xxxx to xxxxx.
I have now received a letter from Collect Direct (UK) which says:
Your account is overdue and we have been instructed to recover the above amount.
In order to avoid further action, payment is required within 3 DAYS choosing one of the following methods:
* Credit/Debit card over the telephone
* Cheque
* Bankers Draft or Building Society Cheque
* Cash by Registered Post
* Postal Orders
If you are unable to comply, you are advised to contact us upon receipt of this letter to avoid further action being taken to recover this debt.
PAYMENT MUST BE RECEIVED AT THIS OFFICE WITHIN 3 DAYS.
The letter was dated 9th April but I only received it yesterday so I guess the 3 days are well and truely up.
Who are these people? Should I send them a letter regarding the unenforcable CCA? Do they even read any of my letters?
I am also going to try and draft a letter to ask Egg about the termination of the agreement although they will probably ignore that aswell
It's another bluff letter.
I would write to the DCA explaining the account is in dispute with Egg and as such they are not permitted to assign or enforce the debt. You could give chapter and verse as to what your dispute is about and what parts of the act prevent them chasing the debt etc., and threaten to report them to the fos, but I think it would be a waste of paper.
You could ask around as to whether the default notice is kosher, but in the end the situation will have to go to court.
No, I havent thought about court, thats all a bit scary really.
Today I received another termination letter from Egg Dont they remember they already terminated it.
It says in big letters at the top
Your Egg Card account has been terminated
Then it says:
Due to your failure to satisfactorily comply with the terms of the Statutory Default Notice we recently sent you, your agreement has been terminated and the outstanding balance now due and payable is shown above. Any amounts subsequently charged to your account will be added to your balance.
Please cut in half and securely dispose of all non-expired cards bearing the above number. We shall no longer honour any regular payments that you may have set up on your account. These might include, for example, your Card Protection Plan provided by CPP, an internet service provider's monthly fees or any annual subscriptions/donations to other organisations. You must contact any payees to arrange to make an alternative method of payment. Failure to do this or continued usage of the card will result in further action being taken by Egg to retain the card.
Your account will now be handled by an external debt collection Agency who will contact you within the next 10 days unless we have agreed repayment terms with you, or a third party representing you, for repayment of this outstanding balance.
What do you make of that and can they terminate an account twice?
Their card expired and was disposed of over a year ago and has not been used for a couple of years so I am not likely to use it now, also I have already had the letter from the DCA. I will have to come up with a letter to send to the DCA and see what they come up with.
Egg CCA request
in January and received the same agreement back as almost everybody else here. The one that just states "approved Limit" not "credit limit". Their 12 + 2 days were up on 11th Feb so I sent an account in dispute letter and yesterday I received a letter off them saying:
Reply With Quote
Originally Posted by pennypenny
xxxxxx
Dont they remember they already terminated it.