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Right, first step of a long haul journey. CCA'd Egg, agreement attached.
I've read all of PT's thread on Egg agreements (and loads of others!), and these seem to be the main issues with mine:
1. Approved/Individual limit as opposed to Credit Limit
2. No Default charges mentioned
Looks like they have amended (added) the interest rate for cash advances, which was missing from agreements only slightly older than mine (Feb 2005) - shame. Anything else potentially dodgy, that I have overlooked?
I presume the next step is an 'Account in Dispute' letter, is this correct? And would you be specific in what you believe makes the agreement unenforceable, or keep it general? For info, I missed last month's payment, and have made a token payment at the beginning of this month, but won't pay them any more once the Dispute letter is sent.
If there are any Caggers out there who have the exact same agreement, and are fighting Egg over it, it would be great if you could post up your thread so we can sub and check on each others' progress, and help each other where possible (I'm a novice but hoping to learn fast!). I'm prepared to take this all the way with Egg, got nothing to lose other than my sanity and natural hair colour!
Hiya I had a look at your agreement scans but they are too small on photo bucket I cant read them.
You should be looking for the prescribed terms, credit limit, interest rate, repayment terms etc, if any are missing or wrong then the agreement is unenforceable.
Just as an aside, a lot of the financial institutions are sending out blank copies of their current terms and conditions. If you have one of these you should be arguing that they have not complied with your CCA section 78 request to provide a "true copy" of your own agreement and confirming the account is unenforceable anyway.
Be careful stopping payments totally, if they do find your agreement the account will no longer be unenforceable and you will have to pay .
My agreements are exactle the same as this so might be wise to compare notes going forward, I have just got my agreement through like yours so I am thinking the next stage would be to pay the tenner and get the full correspondence and then just take them to task and chance my arm. I am still paying the min payment ad will do for now but might as well go down the path of litigating as they have just increased my rate massively and effectively cancelled my card. 9 years of loyal service!!!
Thanks rennuz, for coming to my thread. Yes, I think it could be very useful to 'join forces' and compare notes etc.
As to SAR, I am not planning to do that any time soon because, a) I really don't have the tenner spare atm, and more importantly, b) there wouldn't be much to see at this stage. I have been sent my CCA, I believe it is defective, next step is dispute letter and stop payments. I'll reserve the SAR for later, when there is more 'action' for them to report on my file, such as DN, termination etc. Like I said, I'm a novice, but this seems a good idea to me; if anyone has any better advice, please let me hear it!
Before I requested the CCA, I had written to Egg advising of my financial difficulties and offering token payments. Having received the CCA, I was going to send an 'Account in Dispute' letter but hadn't done so yet when yesterday I received a letter from Egg, accepting my token offer of £2 per month, to be reviewed in 6 months (I hadn't asked for a timescale at all). I was very surprised about this, but thought it was a good thing as it would buy me some time.
Today I get a DN from them! Do they just do this as a routine, even with an agreed payment plan in place? Or is this the first step of the usual course of events - termination, DCA etc? Have I now missed the boat by not sending the dispute letter soon enough?
Apologies if this sounds a bit convoluted but I am really confused now, and not sure what to do. Any help much appreciated!
It does not seem to matter if you send a dispute letter or not they still default the accounts and act as if it was not received.
I am surprised if they have sent a DN after just one missed payment. It might be just the standard notice of a £12.00 default charge which is different. The DN we refer to is under section 87 (1) CCA.
I believe the best thing to do at the moment is make use of the time you have bought and pay the £2 p month. Hopefully, there will soon be some feedback regarding the legality of the approved limit situation which appears to be your main challenge to the agreement and a favourable situation on that could be your answer. When we know decide the way forward.
The only other issue at present is the amount of the debt and if you have had any unfair charges added on over the years which could reduce it to zero. That would be the easy way out but from what you have posted it does not appear to be the case.
Thanks for the quick reply. It is a proper DN as per s 87, and I had missed two payments already, three including the one that was due this month, 10 days ago. The statements look a bit messy as I made some below minimum payments outside the (bounced) DDs.
I am not sure how to work out whether the arrears claimed in the DN include any unlawful charges (possible ammo for later down the line). Up until June this year, my payment record was squeaky clean, never missed a single one, so there aren't many unfair charges on the account, plus I've never had PPI. By the way, their standard amount seems to be £16 now for everything, late payment, overlimit, DD return.
My thinking was exactly like you say - token payments to buy time, and hope for some positive movement re. the approved limit issue, but getting the DN has thrown me a bit now. Anyway, will pay the £2, sit tight and wait.
poundhound v. Egg
, agreement attached.
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I cant read them.
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