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hi all
I have a few threads running at the moment and thought i would just double check a few things with yourselves regarding my Egg cca .
I have not even started with this one as believe egg can be quite tough and form me just looking at it , believe there is not much i can dispute on.
Any advice would be really appreciated .
Enforcable or Not ?
thanks
no it shows that have not got PPI/ppc cover it think well it not ticked on the agreement , was just checking that it was enforcable as i thought it was but it always good for someone out of the picture to have a gander .
thanks though x
This is basically the same thing I got when I sent a CCA for my Egg loan.
Its rediculous with online applications post 2004ish as creditors dont need to provide a signed agreement. They could make anything up and send it i.e. make sure its all nice and enforceable (no matter what the original looked like) then post it happily to us!
Does anyone know anything more about the requirements needed by the creditor for online agreements to ensure they are enforceable? e.g. do they need to keep records of IP addresses of the computer you were using or any other technical things? Surely there must be more needed than a print out of text and a tick!!
As The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into force in December 2004 any online agreements entered into prior to this date still need a signed executed credit agreement.
Electronic signatures weren't considered valid until this date.
Also it would still have to contain all of the prescribed terms to be valid.
Quote:
Originally Posted by What are the prescribed terms
S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.
Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.
8.2 What if prescribed terms are missing or incorrect?
s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.
If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.
8.3 What are the prescribed terms?
The prescribed terms specified in Sch 6 are as follows:
* amount of credit – see Q8.
* credit limit – see Q8.5
* repayments – see Q8.9.
* rate of interest – see Q8.6
Sch 6 was not amended by the 2004 Regulations
Regards.
Scott.
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I too have been sent the same as above in reply to my CCA request. Firstly it does indeed look as though what they have sent is enforceable BUT the question is this:
Is this what you "signed" in the first place?
Can someone here inform us if Egg need to send you EXACTLY what you "signed" online. I would assume so! I have strong reason to believe that they don't have the actual document but have simply "modified" one to suit?
Does this mean that my account is still in dispute?
online egg CCA Advice please
cca .
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Re: online egg CCA Advice please
