Thread: Help drafting a response to Egg CCA

Originally Posted by macdog

I recently received an alleged CCA from Cabot Finance (for an Egg credit card) which after extensive research I believe is unenforceable.

If signed [EDIT:] after BEFORE Jan 2007, that would appear to be the case if it uses the term 'approved limit' rather than 'credit limit'

Originally Posted by macdog

I intend to draft a letter to respond as such, but would really appreaciate any pointers, or maybe a link to a similar letter/template that I could make use of.

I wrote a similar letter, though you would have to remove the parts about payment protectioin insurance (unless they are relevant):
http://www.consumeractiongroup.co.uk...ml#post1957368

Originally Posted by macdog

Here is a summary of the points I would like to get accross:

• CCA is not enforceable as per the reasons highlighted in this thread.
• Cabot delivered the CCA and relating documenation after the 12+2 deadline (not sure what material effect this has on anything).
• The letter of assignment from Egg (and Cabot in fact) is clearly not a copy of a genuine letter sent to me at the alleged time. (I never received any letter of assignment from anyone and these are clearly mail merge templates).

Point 1 - covered in my letter
Point 2 - not relevant going forward if it has now been supplied
Point 3 - something that could win it for you if you were taken to court - BUT presumably they might later be able to produce a proper copy.[/quote]

Originally Posted by macdog

Also, I have some other queries that I would really appreciate some advice on.

Cabot have placed a default on my credit file. The default is dated 2006, but they claim to have purchased the alleged debt in 2008. Does this have any implications? I am very keen to have the default removed (my primary goal).

Again, something that could win it for you in court if they couldn't prove ownership of the debt - but, again, not if they managed to sort out their story and prove the case.

Have you been defaulted twice on the same debt (once by Egg, once by Cabot)? If so, the second default might be challengeable (there is a guide to this), otherwise not so easy as it is, after all, a reflection of the history on the account - which is why they are so hard to get removed.

Originally Posted by macdog

I have not sent an S.A.R. to either firm as of yet.

Any help or advice greatly appreciated.

Normally worth doing - sometimes you don't know what it's going to tell you until you do it. Egg send a very interesting inch thick pack - a bargain for only £10!