EGG CCA Enforcable?

[hackedoff007]

Hi just after some quick advice as to validity of this agreement?

 

 

 

1/To me the name on supposed original is off centre and shows sign of photocopy line.

 

2/ No mention of Credit limit?

 

3/ No signature on CCA letter (last pic) and had wrong address on it!

 

These are for starters!!!

 

Any other Help/advice?

[Undercover-Elsa]

Hi Hacked off

The big issue with these agreements is mainly with the use of the term "approved limit" instead of credit limit. Egg don't acknowledge that it's a problem. However one of the CAG team has a test case coming up in march on this issue, so try and stall till then.

Here's the link to the thread (it's loooooong!)

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html

Hope this helps,

 

Elsa x

[hackedoff007]

Thanks, will await that too then. Have already replied and copied in OFT for the good it may do? Thanks again.

[Undercover-Elsa]

How heavy are they getting, Hacked Off?

[hackedoff007]

Minimal at moment!! Had lots of phone calls initially, they stopped while CCA request processed which took nigh on 2 months!! Then this CCA with letter stating, we will begin collections again 21 days from now and this satisfies our need to provide CCA rubbish!!

 

It just annoys me they assume they can send you supposed terms and paperwork and you'll say Ok and pay!!! Idiots!! Not disputing a debt may be there, but prove to me its origin!

 

As far as i can see the name part on 1st doc has been scanned on/photocopied on, due to shadows under it and mis alignmet with rest of document!!!

 

[hackedoff007]

NEXT STEP ADVICE?

Ok after my letter back to APEX they still claim its a valid CCA and will continue to chase debt (No surprise) I have not heard back from OFT yet, and they feel they have concluded their obligations!!!

 

APEX

CREDIT MANAGEMENT LTD

February 2010

Dear

Client ref:

Apex ref:

Thank you for your letter dated 5 February 2010.

Unfortunately, I am unable to change the outcome of my investigation. My final response has been sent to you dated 25 January 2010, together with a copy of your signed agreement and a statement of account.

You state, you have referred the matter to the Financial Ombudsman Service as you are not satisfied with the outcome of my investigation as you believe the documentation I have sent to you is fraudulent. We will wait for these authorities to contact us and respond to them accordingly, however, please be advised that an account is not deemed to be in dispute just because a consumer is not satisfied with a response.

In conclusion to this matter and while we understand this is not the response you were hoping for, Apex will continue to pursue payment of your account based on the reasons given in my letter dated January 2010. I would therefore ask you to contact our office on 0871 244 2843 between Sam - 8pm Monday to Thursday, Sam - 5pm Friday to Saturday in order for us to set up a mutually agreeable arrangement for payment.

 

 

 

Mohammed Qudier Complaint investigator 0845 1647538 [email protected]

 

 

 

Yours sincerely,

 

Should i be replying or ignoring them now? Worth replying mentioning extracts from the Manchester test case( " If the copy you provide is reconstituted you must inform me whether you hold the original on file or if this is from your records as per Carey V HSBC Bank Plc 2009 [EWHC] 3417" ect ect )

to confirm they have a true copy of original, which i dont believe is what they sent me (above) too many discrepancies...

Edited February 16, 2010 by hackedoff007
amending

[hackedoff007]

BUMP, any more ideas what i could do now....Planning on sending something along these lines? Is this right way to go....?

"Thank you for your letter dated xx/xx/xx, I must draw your attention to the following that must be contained within the consumer credit agreement 1974

 

 

It would seem that you are of the belief that you have discharged your obligations under the Consumer Credit Act 1974 in particular section 78(1).

 

Firstly, to comply with section 61 of the consumer credit act 1974 which by the way refers to the signing of an agreement, a document must conform to regulations made under the provisions of section 60(1) Consumer Credit Act 1974 otherwise it cannot be properly executed

 

Now then, these regulations I refer to are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). These regulations set out the form and content of agreements. For an agreement to be compliant with the regulations it MUST embody within the agreement, the prescribed terms laid out in the SI1983/1553 without the prescribed terms the agreement does not conform to section 60(1) 1974 and therefore cannot be properly executed as described in section 61(1) CCA 1974.

 

 

Since the document you have supplied is only a set of terms and conditions, I cannot believe for one moment that both my signature and the signature of company emloyee would be contained on the opposite side of the form. Therefore they must have been contained in a separate document, which is prohibited by the SI1983/1553, as there is no clear link to them within this document.

 

Therefore, you have failed to supply an enforceable document, which is correctly executed as to be so; it must conform to the Regulations under s60 CCA1974

 

I am of the opinion that a court is precluded from enforcing this agreement by s127 (3) CCA1974 as it is improperly executed under s61 CCA 74, the consequences of improper execution are set out in section 65 CCA 1974 and s65 sets out that only a court can enforce an improperly executed agreement subject to certain qualifications, one of those is that the document is signed and contains all the prescribed terms. Now since this document does not contain all the prescribed terms s127 (3) CCA 1974 strictly prevents the court from enforcing this agreement.

If you cannot supply me with a document, which complies with the Consumer Credit Act 1974, and ALL of the Regulations made under the Act, I shall be forced to make a complaint to Trading Standards and I will also draw this to the attention of the Office of Fair Trading.

I respectfully request you review this matter in light of my comments above and I request that you supply me the required information or alternatively confirm the account is closed and the debt written off with a zero balance.

I respectfully request a reply within 14 days of the date of this letter.

Yours faithfully"

[Hardupnotfedup]

Template letters are good but people should read and understand what they are sending,para 5 of that letter states that 'you have only sent T&C' there is more than T&C in what they have sent.

Now I am not suggesting that the agreement is enforceable but just saying that you should maybe edit template letters to suit your situation.

Sorry if I sound harsh I don't mean to

[Hardupnotfedup]

According to that 'Agreement ' there was 2 months 0% balance transfer, are you sure these T&C are correct I have never seen a 2 month offer on balance transfers

[hackedoff007]

mmm Not harsh at all, thanks for reply....Did not notice that 2 months part, i have actually worded my letter differently to that, but did not want to post exact copy...But just wanted advice if that was the right area to be going? Many thanks for reply, really appreciate any help and advice.