Thread: R Vs EGG

Hi Folks,

Here is my 1st letter sent to Egg:


12th January 2009

Egg Banking plc.
Citigroup Centre,
Canada Square,
London
E14 5LB.


Dear Sir/Madam

Re:− Account/Reference Number


This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

We look forward to hearing from you.

Yours faithfully

Here is their response:

ZERO RESPONSE

Here is my 2nd letter to Egg:


2nd February 2009

Egg Card Services
Riverside Road
Pride Park
Derby
DE99 3GG

Dear Sir/Madam

Account/Reference Number

Re: my request under the Consumer Credit Act 1974

I wrote to you via recorded delivery on 14th January 2009 requesting a true copy of my Credit Card Agreement with you under the Consumer Credit Act 1974. To date this request has not been fulfilled. 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 dated 14th January 2009.

Unfortunately, it would appear my request remains outstanding. As no response has been sent following my request I am unable to ascertain if I am liable for any alleged 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 28th January 2009 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, or administer any further charges to the account. Additionally, you are not entitled to register any information regarding 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

In summary. 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.


I look forward to your reply.

Yours faithfully

Here is their response:

Whats my next move

Is it enforceable?

It does not have the term "credit limit" it says "approved limit"

for further readling

http://www.consumeractiongroup.co.uk...r-egg-cca.html

Was your agreement ended early 2008, before any default notices were issued.

cds