Thread: helpingfriend vs Egg

I sent a CCA request to Egg.

5 days later I received the letter saying that my card would not be renewed. To this letter I wrote and asked them to indicate to me the specific part of the 1974 Consumer credit Act which provides Entitlement to Egg to terminate my agreement when my account is not in default. I also stated that this account is in dispute.

I've now received a response to this letter and they state Section 20.2

The 12 + 2 date has also now passed and they haven't sent a CCA.

Please help me with the next letter.

Do I send the account in dispute letter as they have failed to provide a copy of the agreement and in that letter also reply to the letter saying that under Section 20.2 they could end our agreement?

Thanks

just send the dispute letter they can restrict your credit without terminating the agreement

will not- be renewed ? can you post up the letter?

hopefully these images will come out bigger than the last ones:

Egg have now sent me a default notice. I've had a read of the threads about default notices and it looks ok. Could someone confirm this?

Also, whats my next step, this was an agreement that was terminated by them and a copy of an unenforceable agreement was sent?

Thanks

I've been reading more about default notices and am I right in thinking that the amounts on the default notice can't include unlawful charges?

If so, do overlimit charges and late charges of £16 each fall into the category of unlawful charges?

Thanks

correct

Originally Posted by diddydicky

correct

Thank you!

What is the next thing I need to do?

wait for the termination letter

done on the back of a faulty DN is an unlawful repudiation

when one party unlawfully repudiates a contract the other party has the option of either ignoring the unlawful act and demanding that the contract continues or he can accept that the other party seek to no longer be party to a contract with him and accept their unlawful actions and thus releive himself of any obligations the contract placed on him

thus only the amount of arrears genuinely outstanding at the time of termination are due

note that in these circumstances the termination takes effect when the in jured party accepts the termination not when the other side makes the announcement that they consider the agreement terminated.

The reason being that as the injured party can just ignore the unlawful termination and consider the agreement to endure- it is his acceptance of the unlawful act which confirms that both sides have agreed to the ending of the agreement or contract

Thank you for so much help.

So, do I wait for the termination letter then write and accept that the account is terminated? If I pay for arrears, is that the end of the debt? and can I request the default is removed from cra's?

well its a matter of opinion and you should read the threads on DN's and termination

personally i write and accept the termination and ask for an up to date balance of at time of termination but point out that against these arrears will be my claim for damages for unlawful repudiation which by and large will exceed their arrears

I've now received a letter from them terminating my account. So, now I need to work out what letter to send them.

sorry to hijack posting just looked at your default notice it looks same as one i had some years ago from Egg however never had termination in fact i can now access eggs online system again 4 years on from default my debt was sold obviously not lets fight egg together damn american companies riping us off again....

I've read a lot more and I think the next step is to SAR them just to be sure that no other Default Notice exists?

Is this right? I think I need to do this to check that they didn't issue a second Default Notice that I haven't received and the amounts are correct?

I've been thinking more about what I need to do and would like some help please.

My priority is to get the default removed and I'm happy to make a F&F offer to settle the account, but thought I would first suggest that they first write off the account as I won't counterclaim



So, here's my thoughts:

I need to accept the termination

Do I still point out to them that they do not have an executable agreement?

I've drafted the letter below. Do you think I need to add or change anything?

Thanks


I write with reference to your letter dated 16th September 2009. Despite the alleged account being in dispute following your failure to supply a copy of the fully executable agreement, you issued a Default Notice under section 87 (1) of the act on the 19th August, 2009, further unlawfully terminating the alleged account on the 16th September, 2009. I confirm acceptance of your termination actions.

You will be aware that having unlawfully rescinded the agreement by failing to comply with the requirements of the consumer credit act by first issuing a valid default notice under sect 87(1) of the act ,the amount owing to you will consist only of the outstanding arrears at the time of the termination.

I am of course entitled to counter claim compensation as a result of your unlawful rescission of contract and damage to my credit reputation which I believe would be greater that the arrears outstanding.

I am however prepared to offer to waive my counterclaim in order to dispense of this matter quickly on the terms as follows:- .

Within 14 days of the date of this letter you will remove any and old adverse information you may have supplied to any credit reference agencies. You will undertake not to pass any details of this terminated account to any debt collection agency and will mark the account satisfied in full.

If not, please advice how you expect to compensate me for unlawful recision of contract.

I look forward to receiving your proposals to deal with this matter

Yours sincerely

personally i would amend the letter- they are not going to agree with you and therefore will reject your offer out of hand- softlee softlee catchee monkey

personally i think it is too soon to be making a F & F and you are showing your hand - your letter is screaming out that you want to F & F and get rid of the adverse credit

only advice of course




write with reference to your letter dated 16th September 2009. Despite being in default of s78 consumer credit act, in that you failed to supply a true copy of an original executed agreement(and any other documents referred to in that agreement) you then unlawfully issued a default notice.

Notwithstanding the foregoing, and even were it to be the case that you were entitled to do so, the default notice you issued was itself unlawful and did not allow you to claim the benefits of s87.

In accepting your unlawful repudiation of the agreement i am now relieived of any and all of any obligations of any alleged agreement that you may subsequently claim was an enforceable agreement..

Please therefore advise me, should you in fact hold a properly executed and enforceable agreement, of the exact amount of the genuine arrears (not including unlawful fees and charges ) that were due at the date of termination.

there will be a counterclaim against such arrears for damages for your rescission of the agreement and the damage to my creditworthiness

I expect you to immediately remove all adverse information you may have supplied to any credit reference agencies and to undertake to me that you will not pass any further adverse information to any debt collection agency and will mark the account satisfied in full.

I look forward to your proposals to deal with this matter