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I currently have an Egg credit card and would really like to know if any other card holders here have ever received the documents specified in Section 85 of the CCA when they have been sent a 2nd or subsequent card e.g. new issue every couple of years or so.
I personally do not recall receiving a copy of the original agreement with my renewed card but there may have been a copy of T&Cs with it.
As you can see by the copied relevant section of the CCA, the implications of a credit card issuer not complying with this are enormous for them.
Any info. greatly appreciated.
Regards, Pam
85 Duty on issue of new credit-tokens
(1) Whenever, in connection with a credit-token agreement, a credit-token (other than the first) is given by the creditor to the debtor, the creditor shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it.
(2) If the creditor fails to comply with this section—
(a) he is not entitled, while the default continues, to enforce the agreement; and
(b) if the default continues for one month he commits an offence.
Hi there - the answer really is NO! There is a huge thread on this under Consumer Credit Act Agreements - I think that's the title of the thread, but I will check. Some people (including little old me) have already faced up to the lenders with this, so suggest you locate the thread - it's very long, but one of the best! Well done for spotting it - we can't ALL be wrong.
Thanks for your quick reply. I have already read much of this debate in the thread you mention but am of the impression (from reading various posts) that Egg (of all the card companies) is the hottest on getting it right, e.g. they send a proper credit agreement for you to sign in the beginning etc.
I was really interested in finding out from any Egg card holders on this thread, including newbies, whether ANYONE has been sent the relevant docs. I would like some statistics to back up my forthcoming Egg scrambling session!
No - I certainly didn't recieve a copy of my Agreement when (any of) my cards were renewed. I am currently taking this up with MBNA - watch this space!
Well, we can't prove they didn't but neither can they prove they did, unless they have a contemporary note on your account file of what was sent out. I guess you would need to do a SAR first to check what information has been recorded on your account.
Just adding that I have never recieved a copy of my credit agreement when being sent a new Egg card. Indeed I don't know of any Credit Card company that has complied with this requirement.
I agree they could say they'd sent it - and you would say they didn't - but with the number of people who would be prepared to stand up say that they also never received a copy with their new card, I wouldn't fancy their chances of being believed. Even judges have credit cards - surely some of them would also be receiving new cards with no copy agreement.
Wolfy - thanks for your response, it's certainly food for thought isn't it!
Ladybird - Exactly! If one of the cases already started gets to hearing stage then a statement signed by a number of other cardholders (to the effect that they never received the required docs. either) may be needed to swing the 'balance of probability' scales firmly in the claimant's direction.
I initially applied for a Boots Advantage Credit Card, powered by Egg on line, however I was also sent an Agreement throught the post, which I signed and returned.
My CC account changed three times (not at my request)
1. Boots Advantage credit card, powered by Egg
2. An Egg Green Card
and then
3. an Egg Card Blue
Interstingly enough, my CRA credit file shows the three different Egg credit cards...two of which state 'settled'. The final one is at present in Default, account cancelled.
I recently made a consumer Credit Act 1974 requesting a copy of the original signed credit agreement.
It took Egg 21 days to supply a copy of the agreement (the day prior to my county court hearing) The copy of the Agreement that was supplied to myself and the Court was the first and only one that I have ever signed, it was the Boots Advantage, powered by Egg credit Agreement.
I bet you that the changes are covered in Egg's T&C's
Anything written in Egg's T&Cs cannot override the statutory requirements of the CCA.
Section 85 states that every time a new card (after the first) is sent to a cardholder then a copy of the original agreement must also be sent + any document referred to in it, e.g. T&Cs.
So they don't have to send you a new agreement every time, just a copy of the first.
It would appear that most, if not all, CC issuers have not complied with this requirement so in effect the agreements are unenforceable until the default is remedied.
Re: Re-issuing of credit cards by Egg
credit card and would really like to know if any other card holders here have ever received the documents specified in Section 85 of the CCA when they have been sent a 2nd or subsequent card e.g. new issue every couple of years or so.
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