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.
I am defending at the moment on a loan also with Egg but mine is on the strength (or lack of) within the DN.
However, I have started looking at the agreement against the terms and conditions and one thing that struck me as strange was that the second to last paragraph on page 3 of the agreement refers to "clause 8 - personal information". However, if you look at clause 8 in the T&Cs it is "Joint Applicants". Clause 9 is headed "Use and Disclosure of Personal Information".
Cannot find my original agreement but yours is the same as what they've sent me.
Not sure what the relevance is but looks like one or the other is not what I signed up to.
I'm thinking this one through as i haven't defaulted but a lot of things are after the signature and i'm not that sure how to proceed. I might wait for my SAR and see if that helps.
The figures seem to add up fine. Think you may be missing a statutory notice of a right to cancel, though query whether that would be required in what I presume was an online agreement.
Re: Failure to comply with Consumer Credit Act 1974
Thank you for your recent letter dated 17th September 2009, the content of which are noted. However, your reply does not fulfil your requirements under the Consumer Credit Act 1974.
The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter. My request remains outstanding for the following reason.
•The document(s) sent do not contain cancellation rights as required under the CCA section 64 of which subsection 5 states “ A cancellable agreement is not properly executed if the requirements of this section are not observed. “
Section 65 deals with improper execution.
65 Consequences of improper execution
(1) An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only.
Section 127 (4) makes this alleged agreement unenforceable at law
(4) The court shall not make an enforcement order under section 65(1) in the case of a cancellable agreement if—
(a) a provision of section 62 or 63 was not complied with, and the creditor or owner did not give a copy of the executed agreement, and of any other document referred to in it, to the debtor or hirer before the commencement of the proceedings in which the order is sought, or
(b) section 64(1) was not complied with.
Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 14 days provide me with a detailed Breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends
Furthermore, you should be aware that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following would apply:
• You may not demand any payment on the account, nor am I obliged to offer any payment to you.
• You may not add any further interest or charges to the account.
• You may not pass the account to any third party.
• You may not register any information in respect of the account with any of the credit reference agencies.
• You may not issue a default notice related to the account.
Please be aware, the CCA 1974 is very clear that a default can only be issued for breach of a valid, regulated agreement. As there is no valid agreement a default cannot be lawfully issued as no valid regulated agreement has been breached.
I look forward to your due diligence in this matter.
If you're going to try the section 10 DPA point and want to be able to raise it in the future, at court or with the ICO, you should try to make out your case as to why their proccessing your data is harmful or distressing to you. If they haven't threatened to report you to credit reference or passed your data on to debt collectors or harrassed you by phone that will be a hard case to make.
To the points about not registering default etc, the lender will simply reply with reference to McGuffick v RBS saying that they are entitled to make reference and so on, as that appears to be the judgment (albiet the largely obiter judgment) of the High Court.
Egg loan online any issues ?
rate and payment amount correct ? Anything else welcome
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