Thread: Egg,CCA & Financial Ombudsman

Hello all,

hope someone can help.

I sent my CCA request off to Egg many months ago and they put my account on hold whilst they searched for it.

I have now received a letter from them with what they call a true copy of my agreement enclosed, but it is just printed terms. They do actually say in their letter:

"The true copy provided:

• Reproduces the original terms and conditions of your agreement together with the original interest rates, as accepted by you at the time of the application.
• Doesnot include a signature box, signature or date of signature as in accordance with Regulations 3(2)(b)(11) of Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983;we are not required to provide them."

Further down in the letter they go on to say:

"For the avoidance of doubt the fact that you have made a section 78 request does not entitle you to withhold your regular monthly payments; as such you should ensure you continue to make your monthly payments"

and they closed the complanint and told me to go to the Financial Ombudsman if I wish.

So my questions :

1. Is what they are saying true? Do I have to keep paying them?
2. Do they not have to provide a 'signed copy'
3. Is the Financial Ombudsman my next stop? And what does this entail?

Many Thanks

If you're still looking to resolve this, don't assume Egg dont have the original agreement. They sent me recon agreements for my loan and credit card. When I made a SAR, I got 2 nice, shiny legible agreements with signatures!

Originally Posted by craigers

enforceable?

well, the political answer is that enforceability can only be decided by a court. One has the usual "approved limit" deviation, the other, unfortunately, despite much burning of midnight oil and frantic searching for errors does seem like it may be enforceable.

Overall, with all my creditors, of those that sent me a rubbish reconstructed agreement, I have found most of them had at least part of the original agreement (the signature part). To be honest, its not an exaggeration to say those that I was convinced wouldn't have the agreement actually did, and those I thought did, actually didn't.

Thats why I say, dont be mislead by a creditors attitude and believe that because they send a recon, and refuse to confirm if they have the original. It may be simply policy not to confirm or deny, and their arguments may not be related to the facts in your case.

I also say not to bother with a CCA, just go straight for the SAR. Going for the CCA is at least 50/50 going to get you a recon, and you'll end up going for the SAR anyway. True, I desperately begrudge the £10, but you dont get the truth otherwise. And the £9 extra you pay would be eaten up by a few rounds of letter tennis anyway, as you attempt to get them to confirm if they have the original. Why have the aggro? Just get the facts as quick as you can.