Thread: EGG CCA Response

Hi all,

Following CCA request Egg have responded with the following agreement. I contains all the usual flawed things, Approved Limit, apr and no charges detailed etca. Could someone please check my response which I've borrowed from various threads to make sure I am correct in what I write.

Thanks in advance.







My response:

Account in dispute

Dear Sir/Madam,

Thank you for recently supplying me with a copy of my credit agreement for my Egg card, unfortunately you have provided me with a copy agreement which does not comply with s61(1) of the CCA 1974 and the associated regulations and is therefore only enforceable by an order of the court by virtue of s65. However, since it does not have a term concerning the credit limit (rather, it defines an 'Approved Limit' - whatever that is) as required by Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, the court would be prevented from granting such an order by virtue of s127(3) Furthermore, the agreements fail to state the rate of interest for cash withdrawals. The agreement only states an APR which is not sufficient for cash purchases, as cash purchases includes a 1.25% handling fee, which is included in the APR so it cannot be an accurate reflection of the rate of interest. Again a prescribed term is missing.


Lastly, Paragraph 22 of Schedule 1 Consumer Credit Agreement Regulations requires that the agreement details the default charges payable and the supplied Egg Agreement does not.

Notwithstanding the above, as a gesture of goodwill I would be happy to negotiate a Full and final settlement figure for this account on condition that Egg removes any default notice(s) placed with Credit reference agencies and marks this account as fully satisfied.

I look forward to your favorable reply within the next fourteen days.

Regards

Activist

Hi Activist

Personaly i would not put in the bit about the fnf offer at this stage
No expert but everyone i've read advises not to admit any liability at any stage.

I intend to try to negotiate a fnf at some stage but let them sweat for a bit first.

When you go into battle dont let your enemy know your stratergy too early (or at all) or they will know how to attack you.

I would advise send the letter and dispute the whole debt when they write back sayiny you owe it pay up then send them a "without prejudice" letter offering them 15-20% or something well bellow what you can afford to pay and see what you get.

Or send the first part of your letter then just sit back and do nothing I've yet to see someone taken to court on these forums with a cca like ours.

Katedog.

Originally Posted by ajs444

Just going to scramble Egg, so interested in your progress, have same agreement as yourself, going for default charges first.

There is an arguement that you shouldn't go for refund of charges if your going for unenforceable.

They say it should be one or the other

I think it should be unenforceable first, then refund of charges, or you could try "seen as how your cca is unenforcable and you owe me £X in charges why dont we call it quits and you can learn form you mistakes but if you want to take me to court withpout a cca then everything you let me have is a gift and all the payments i ever made including alleged purchases interest and charges can be given back to me thank you very much"

Only a thought and i'm sure some one will say something else.

Katedog