Thread: Adz v Egg (Card) - Unenforceable? Please help. Thank you

Dear all,

I wonder if anyone out there can help. I've been reading though the forums over the past couple of months so am vaiguely familiar with the possible reasons for unenforceability but am not 100% sure.
I sent a CCA to Egg for my credit card - taken out in May 2001. I have also sent an SAR to egg (yet to receive anything).
I received the document below back in response to my CCA.
The quality of the original is terrible and bearly readable.





My initial thoughts are that I should reply stating that the CCA that they sent is illegible and that I request one that is readable.

Other things that I can see that would make the CCA inproperly executed and unenforcable are:

1. The prescribed term 'Credit limit' is not stated (the 'Approved Limit' issue)

2. interest Rate on Cash withdrawals is not stated (only APR is stated)

3. There is also the section on 'Your repayment protection' (bottom of page1). I seem to recall that this was originaly added without my consent when I signed up for the card. I think i contacted Egg shortly after receiving the first couple of statements to have them remove the PPI.

Could anyone please help me to determine if this is an enforceable agreement? Also any comments on the three points I raise above? Especially point 3 (PPI) as I really have no clue as to the repercussions of this being included in the signed agreement i.e. would this add to the reasons for making the agreement unenforceable?

thank you so much

Also, if required, below are links to the terms and conditions docs that came with CCA:
http://i714.photobucket.com/albums/ww143/adz1000_photos/EggCardCCA3.jpg

http://i714.photobucket.com/albums/w...ggCardCCA4.jpg

http://i714.photobucket.com/albums/w...ggCardCCA5.jpg

http://i714.photobucket.com/albums/w...ggCardCCA6.jpg

http://i714.photobucket.com/albums/w...ggCardCCA7.jpg

Well, bless my soul!
Egg have actually included PPI on your agreement,
that makes a change.

Hi there Angry Cat,

Yes i know, I noticed the part about PPI on there - I dont think I agreed to this during the initial signup, but they put it on there anyway. I contacted them after receiving the first couple of statements and had it removed (I think). The thing I'm not certain about is whether the fact that PPI was on there would have any effect on determining the enforceability of the agreement. Any ideas?

thanks

Well, if you didn't take out the PPI when you applied for the card, the PPI should not be on the agreement.
However, several people who did take out the PPI at the same time as applying for the card, do NOT have the PPI shown on their agreements!

It would appear that Egg were in a bit of a muddle over the PPI issue.

AC

Angry Cat - yes, it seems that Egg are in a muddle in general. I was just checking out your thread that dated back to 2006.. you have some serious history with egg there! i'm just starting with this..

Steven4064 - many thanks for your confirmation on my points raised.. I'm just not certain what the next stage is now - should I write back to egg pointing out the lack of prescribed terms? What's best letter to use?

Thanks very much!