Egg CCA - is it enforcable?

[moobelle]

HI I have received my CCA from Egg but am unsure whether it is enforcable or not. I think the prescribed T&C's are not correct but I am quite new to this so could be wrong....

 

My photobucket link is here

 

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and if someone could take a look and advise me I would be v grateful.

[reallymadwoman]

The only thing that I can see wrong with it is that the terms and conditions are missing, but I'm no expert on credit agreements.

[moobelle]

Thanks reallymadwoman - I keep posting this in the hope someone will answer who does really know CCA agreements... but thanks for your input - I have posted in egg forum as well but no-one wants to answer me there either!!!!

[reallymadwoman]

I've put a link on the 'Consumer Credit Act' thread asking someone to take a look. Hopefully that will do the trick.

[davefirewalker]

Hi

 

It has the "prescribed terms" and you have signed it so barring anything else it will be enforceable. you may have minor issues, but the agreement will always be enforceable against you. Start negotiating

 

Dave

[moobelle]

Cheers Dave and RMW - initial reaction - oh bugger!!! I don't really have anything to negotiate then do I if it is enforcable????

 

Am thinking might try Toymakers stance (I think he is saying as Egg terminated agreement when no defaults ie contrary to CCA1974 then they have effectively terminated his obligation to pay them ie if no contract on behalf of creditor then no contract on behalf of debtor) but am awaiting to see what happens with his thread in the long run.

 

Just feels like whatever I do am going to end up with defaults and maybe just going for BR now would be best option..... don't want my credit file shafted but if I don't get work soon its going to be anyway.

 

Am writing to all creditors next week asking them to freeze payments - am hop[ing that as have NEVER missed a single payment and have only ever done the paying late routine then maybe they will go for it - but in current climate who can tell? Other option is BR as have no income and seems unlikely that I am going to qualify for any benefits (despite having paid a fortune in taxes over last 20 years - yeah cheers government - really appreciated).

 

Moobelle

[MAGDA]

Have you CCA'd the rest of your creditors? If not, I would do so as a lot of them probably won't have the CCA depending on how old the accounts are. Bankruptcy is obviously a big step to take and you could just try offering your creditors token payments of £1 pm and explain that you will try to increase these payments as soon as your situation improves. I have done this in the past, and although a lot of creditors are very threatening and unpleasant initially (surprise, surprise!) they do usually agree some sort of repayment plan with you eventually. It just buys you a bit of time to sort out what you want to do long term and as I mentioned before, you might find a lot of creditors don't even have the agreements for your accounts, which obviously puts you in a stronger position straight away. Good luck, Magda

[swinny]

Hi, i'm no expert on CCA's by far, but from what i can make out on this forum, when you cca someone, they have to send you everything relating to that account, which includes everything they say is attached (ie the full terms & conditions and a cancellation notice). If this is incorrect, please ignore it but i think i am right. Hope this helps!!!

[davefirewalker]

Hi, i'm no expert on CCA's by far, but from what i can make out on this forum, when you cca someone, they have to send you everything relating to that account, which includes everything they say is attached (ie the full terms & conditions and a cancellation notice). If this is incorrect, please ignore it but i think i am right. Hope this helps!!!

 

A CCA request will (or should) get you......

 

1.... A copy of the executed agreement

2.... A copy of the T&C's (usually they try and give you the most recent)

3.... An uptodate statement of account

 

A creditors interpretation of the above usually WIDELY differs from what we believe they should provide. It then becomes a war of attrition

 

to get all the info you should SAR them

 

Dave

[Guest forgottenone]

Other option is BR as have no income and seems unlikely that I am going to qualify for any benefits (despite having paid a fortune in taxes over last 20 years - yeah cheers government - really appreciated).

 

Unless you've been self employed or have savings exceeding a certain level there should be no reason why you cannot claim. Particularly if you've paid taxes. Would all depend on what benefit you were going for, what would affect it eg JSA1/2 ... IS ... IB *now defunct, though, or soon to be*, DLA ... which is not means tested, disability benefits ... just some ideas for you ... what you could be elligible for. If necessary.