Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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Thread: Rogue vs Egg CC

  1. #1
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    Default Rogue vs Egg CC

    Hoping for some advice please.

    I sent the template CCA request back in May, which Eggicon responded to within 12 days, asking me to confirm my identity with signatureicon. Yes, nice try.

    Sent off the templated letter to deal with this with utility bill then heard nothing until middle of July, when they sent me 3 pages of copies and 6 pages of Credit Agreement T&Cs, printed on new egg stationery:

    1st page shows the 1999 Prudential Banking main financial terms which state the "Approved Limit" and "Individual Limit" so often discussed as unenforceable
    2. shows my and their dated signatures under the heading "credit agreement regulated by CCA 1974"
    3. copy of direct debiticon

    This was enclosed with a standard letter from Head of Uk Consumer transaction services.

    My question is what should I do now? Are these docs legally enforceable or not? What and how should I next proceed? If I send the "account in dispute letter", should I also cancel their direct debit?

    Any advice welcome!


  2. #2
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    old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative

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    Default Re: Rogue vs Egg CC

    Bump

    Advice is based on my personal opinion, and what I have learnt from this forum.
    If you need legal advice please consider consulting a lawyer.


  3. #3
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    Default Re: Rogue vs Egg CC

    I think the view on here is that this probably isnt enforceable. As I understand it, there are cases being heard in Manchester and Cardiff that may provide some kind of precedent, but dont expect a definitive view too soon, as if Eggicon lose they will appeal, and if they win there are a lot of people who stand to lose so there could be a group appeal from the other side.
    Could be a long running saga and my own experience is that at the moment Egg are sitting tight.


  4. #4
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    Default Re: Rogue vs Egg CC

    Thanks seriously.
    Can I ask whether you have cancelled your DD to Eggicon, on grounds on unenforceable CCA?

    I need to understand if this is the next action from my side, or would this be seen as being premature? If I am disputing the legitimacy of the CCA, surely I should not be paying them?

    Sorry if this is a daft question, just want to make sure that I do not do anything which is going to make me fall into their traps.

    Thanks


  5. #5
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    Default Re: Rogue vs Egg CC

    No I cancelled it on the basis that I was skint and just couldnt afford it. HOWEVER, once an account goes into dispute, as I understand it, the lender cannot add (or SHOULD not) add interesticon, charges etc and cannot enforce collection. So if you put the account into dispute for a valid reason (and it would seem to me that "approved limit" is reasonable) then you have a legal basis not to pay until the dispute is resolved.
    Of course, the problem is that very often they wont recognise that there is a dispute - they will contend that "approved limit" is ok and that there is no dispute, so you should pay, they should add interest and as many charges as they can think of.



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