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Whilst on the subject of Egg can anyone assist and tell me whether the below linked documents are enforcable. It's interesting to note that on Page 3 of the loan THEY have blanked out the "parties" bit:-
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,
Yes, my signatures are on page 2 on both documents, the card and the loan. This is where I now need some sound advice please.
They have already got CCJ's on both accounts, (obtained before I found CAG and good advice), and at that time it wasn't a problem, wife was self employed ad the money was rolling in, business now collapsed, home and business swallowed by mortgage, etc., etc.
Had to rent house, pay for rates, utilities etc., wife self employed so no u/e benefit, out of my pension, incapacity benefit etc.
I then found CAG, and picked up a few tips.
I therefore applied to Court for variation in December, 2009, and asked for reduced payments, Court approved one, the Card, but sent me notification of this some two weeks after the first payment should have been made, they are still dragging their feet over the other, the loan.
In the meantime I apply for CCA's
Yesterday I received the below letter from Aplins threatening warrant over the Loan.
So where did Aplins come in, I ask, and as referred to in the letter Direct Legal and Collections, I have never received any previous communications from them, I always paid Egg. The original CCJ's were Egg, I have never been notified of an assignment, do I need to be informed and if so by whom?
I contacted Aplins by phone this morning, just to find out what their interest was, but the office is not manned on a Saturday, so I phoned D L & C, spoke to a woman there who knew ALL the details of my accounts. When I pointed out to her that I was awaiting a reply to my Application to Vary, she said they were aware of that, so I asked why they had sent the threatening letter, because, she said that although I had contacted the Court, I had not contacted them (?) and they had to get me to respond somehow !!!
I have now received a Claimant's Application to Vary from the Court (for the card)with a hearing on 1st April, 2009, Egg Banking plc, being the claimant, again no mention of Aplins, or DL & C.
Now here we go, if the agreement is unenforceable, can I use this hearing to point this out to the Judge, and have the Judgement reversed, on the grounds that a) that the agreement is unenforceable and b) that I have never received a NOA?
Dropit,
My apologies, I appear to have hijacked your thread, I was only looking for advice on the agreements, and as yours already referred to Egg I thought we might share advice
Bumping for you-but that`s is too legally technical a question for me, I haven`t ever stepped within the front doors of a court before. Sorry.
I think if you PM a site team member with a link to this thread they can at least point you to another thread which has the answers you need.
The card agreement is the same as the one I have disputed on account of it missing the prescribed term "credit limit", but I am nowhere near where you are at the moment-yet! So as far as the technicalities of it (DCA and such)I don`t know.
I still require advice on the action to take, where, as in my situation, CCJ's already granted, but on apparently unenforceable CCA's and loan agreements.
So they've complied with the CCA request, and I am given to believe that neither of the agreements purely because T & C's are not within the same page as the signature, am I right on this please?
Is there any other reason why they are not enforceable?
If the are not enforceable, doee this mean I have to submit N244's for both to get them set aside (or whatever)?
I still have my original agreement from 2000. The signature page is on the BACK of the other page - therefore this is NOT a reason why they would be unenforceable.
The reasons for the credit card agreement are in the thread I linked to above.
No idea about the set aside process - maybe ask in legal issues section of the forum?
Sorry MC, I'm starting to get really confused here (which isn't difficult for me). Page 1 & 2 on my Egg Card, are presumably front and back on the same sheet of paper. Nowhere does it give my Credit limit, it mentions .... 3. Limit We will tell you from time to time the approved limit we have set and, if different, the individual Limit which you have chosen for the account.
There is no mention anywhere as to the Credit limit. Therefore surely this agreement is NOT enforceable.
The following 8 pages are conditions, but there is no evidence they are attached to that CCA.
Page 11 and 12 are Egg Loan, here there is a figure for the Principal Loan and Repayment figures and duration. But the terms and conditions of the loan are on completely different pages......? Surely the T & C have to be on the same sheet as the signature, be it front or back?
Sorry MC, I'm starting to get really confused here (which isn't difficult for me). Page 1 & 2 on my Egg Card, are presumably front and back on the same sheet of paper. Nowhere does it give my Credit limit, it mentions .... 3. Limit We will tell you from time to time the approved limit we have set and, if different, the individual Limit which you have chosen for the account.
There is no mention anywhere as to the Credit limit. Therefore surely this agreement is NOT enforceable.
Correct - that is exactly what is being suggested in the link I have given you.
Originally Posted by Mightyacorn
The following 8 pages are conditions, but there is no evidence they are attached to that CCA.
Page 11 and 12 are Egg Loan, here there is a figure for the Principal Loan and Repayment figures and duration. But the terms and conditions of the loan are on completely different pages......? Surely the T & C have to be on the same sheet as the signature, be it front or back?
The loan agreement is a totally separate agreement. It cannot be "page 11 and 12" of something that starts with a credit card agreement.
MC,
Apologies, my fault on this one, both agreements on one album, the page numbers refer to the album page not the agreement page. I think I should have created two seperate albums.
MightyAcorn v Egg.
can anyone assist and tell me whether the below linked documents are enforcable. It's interesting to note that on Page 3 of the loan THEY have blanked out the "parties" bit:-
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Originally Posted by lollipop73
