Thread: Walter v egg

ok so i have just logged on to my Egg account and have found a link to my credit agreement on there. this is what came up, so reading other threads i presume this is unenforceable due to the approved limit part. What would be my next step? I haven't missed any payments yet, and haven't made any correspondance with them, was just about to CCA them but i guess there is no need after finding the link. any help very much appreciated.


CREDIT CARD AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

This is a credit card agreement between Egg Banking plc of Citigroup Centre, Canada Square, London E14 5LB and you

full name postcode e-mail address About your Egg Card

3. Limit We will tell you from time and time the Approved Limit we have set and, if different, the Individual Limit which you have chosen for the Account. We will carry out appropriate checks before increasing your Individual Limit. You should tell us if you do not wish us to increase your Individual Limit.

4. interest and Credit Charges

We will charge interest:

4.1

• on Purchases put on the Account until 1 November 2005 at a monthly rate of 0% fixed until 1 November 2005, and thereafter at a monthly rate of 1.167%, 14.9% APR;

• on Transferred Balances put on the Account until 1 February 2006 at a monthly rate of 0% fixed until 1 February 2006, and thereafter at a monthly rate of 1.167%, 17.3% APR (this APR is inclusive of a 2% handling fee); and otherwise (with the exception of Cash Advances)
  • at a monthly rate of 1.167%, 14.9% APR.
  If you miss or fall short of any of the monthly payments required under condition 5.1 during the introductory 0% interest rate period, we may remove the introductory 0% interest rate and charge interest on Purchases and Transferred Balances at a monthly rate of 1.167%, 14.9% APR.
  4.2 We charge a handling fee of 2% of the amount of each Cash Advance (minimum fee £2.00). The monthly rate for Cash Advances is 1.384% (20.3% APR). If you are an Existing Egg Customer, we will not charge a handling fee and the monthly rate for Cash Advances is 1.384% (17.9% APR).
  
  4.3 If you applied for your Card from 1 May 2005 we may charge a handling fee of 2% (maximum fee £50) of the amount of:
  
  • each Transferred Balance made during the introductory 0% interest rate period; and
  • each Transferred Balance made under a Special Promotion .
  4.4 We will charge interest on Promotional Balances at the interest rates and for the period we advise you of in the details of the Special Promotion.
  
  4.5 You can find up-to-date information on interest rates by looking on our website. You can also see on your statement the interest rate which has been applied where interest is being charged.
  
  In working out APRs, we have ignored any changes we may make to the interest rates, handling fees or any other charges which we introduce or vary at any time by giving you notice under condition 12.
  
  4.6 Other taxes or costs may exist that are not paid by us or imposed by us.
  
  5. Repayments
  
  5.1 Each month you must pay by direct debit at least the minimum payment given in your statement. The minimum payment will be:
  • the full Revolving Balance if it is less than £5, but otherwise the greater of 2% of the Revolving Balance and £5;
  
  Plus for each Transferred Balance;
  
  • the full amount of the Transferred Balance if it is less than £5, but otherwise the greater of 2% of the Transferred Balance and £5.
  We will collect the amount you tell us you want to repay so that it is paid into the Account on the Payment Date.
  
  IMPORTANT - YOU SHOULD READ THIS CAREFULLY
  YOUR RIGHTS
  
  The Consumer Credit Act 1974 covers this agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made. If they are not, we cannot enforce the agreement against you without a court order.
  
  The Act also gives you a number of rights. You have a right to settle this agreement at any time by giving notice in writing and paying off all amounts payable under the agreement. If you have obtained unsatisfactory goods or services under a transaction financed by this agreement, apart from any purchased out of a cash loan, you may have a right to sue the supplier, us or both. Similarly, if the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue us.
  
  If you would like to know more about the protection and remedies provided under the Act, you should contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau.
  
  LOSS OR MISUSE OF EGG CARD
  
  If the Egg Card is lost, stolen or misused by someone who obtained it without your consent, you may be liable for up to £0 of any loss to us. If it is misused with your permission you will probably be liable for ALL losses. You will not be liable for losses to us which take place after you have told us of the theft, etc, provided you confirm any oral message in writing within seven days.
  
  By signing this agreement, you confirm you want us to issue you with an Egg Card and that the details you have given us are true and complete and that you have read and accept the Egg Card Credit Agreement Conditions, a copy of which is enclosed especially conditions 1.2 and 16 (Personal Information). This sets our how we will use the information we obtain about you including information about the type of payments you make with your Card. We will not use this information for any purpose other than those set out in condition 1.2 and 16 but if you do not want us to have any information about a payment you should consider an alternative to using your Card.
  
  This agreement will only be binding on us when we have completed and are satisfied with our final checks and other searches, and you have signed the credit agreement.
  
  

This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms. signature of customer please tick this box (this is instead of providing your signature) date of signature 04 May 2005 Signed on behalf of Egg Banking plc.Signature of lender Emma Rayment, credit card product manager Date 04 May 2005This Agreement uses certain defined terms. For these and the other terms and conditions which form part of your Egg Card Agreement please refer to the Egg Card Conditions.

By submitting this Agreement to us, you confirm that you want us to issue you with an Egg Card and that the details you have given us are true and complete and that you have read and accept the Egg Card Conditions, especially Condition 21 (Use and disclosure of Personal Information). These set out how we will use the information we obtain about you including information about the type of payments you make with your Card. We will not use this information for any purpose other than those set out in Condition 21 but if you do not want us to have any information about a payment you should consider an alternative to using your Card. This Agreement will only be binding on us when we have completed and are satisfied with our final checks and other searches.

When did you take the Egg Card out? The rules have changed over time.

I think you would still have to CCA them, it depends what you want to achieve.
If you want to argue it's enforcability, see what they send you back and then send the "account in default letter" if it's the same as above in your post.
Also stating why you say it's unenforcable.

Thanks for the replies, it was may 2005. I will send them a CCA.