Hope this works

these last three posts are default and parts of agreement - there were lots more pages to the agreement

Have a quick look here

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

Hi - Cleo here - after months of nothing from EGG I have received a a letter from "AKTIV" telling me they have purchased the debt from Egg and to contact them about payment etc....

Is there anything I can do or should be asking them for please - such as a notice of assignment. Sent unenforceable letter to Egg ages ago re: approved limit etc - seems funny they've sold it on n ow??????

thanks

I Have Received A Final Demand From Aktiv Debt Collectors For Egg Credit Card. I Disputed (read Pt's Thread) Regarding "approved Limit" Etc On Agreement - Never Heard Anything Then Received A Notice Of Assignement From Aktiv, Then A Discounted Offer, Now This. I Am Unsure What To Do - Anyone Help Please??

Thanks

A discounted offer eh! Well and truly unenforceable then.

Did you send them the 'failed' letter to tell them that the account is in dispute due to failure to provide CCA?

If so, then they are well aware of the rules and laws, file their missives under ignore and make a complaint to the ICO/TS via Consumer Direct - Contact us

To Be Honest I Don't Think I Have - Its Gone On So Long !!! Will Do That Straight Away - Thought It Off They Had Offered A Discount

Thanks

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

There you go just in case you can't find it..

Hi - Cleo here - after months of nothing from EGG I have received a a letter from "AKTIV" telling me they have purchased the debt from Egg and to contact them about payment etc....

 

Is there anything I can do or should be asking them for please - such as a notice of assignment. Sent unenforceable letter to Egg ages ago re: approved limit etc - seems funny they've sold it on n ow??????

 

thanks

complained to AKTIV quoting latest judgment "wholly unenforceable" etc if prescribed term missing. Now being investigated by them

cleo, you can complain to the OFT because it is considered an unfair practice for a lender to pass an account to a new DCA without telling the borrower. You can say how it is confiusing and causes extra stree trying to work out exactly who you shoudl pay. I think Egg tends to do this, they have with me, and i am about to complain to the OFT as a result

I received a notice of assignment from Aktiv i think - will have to check.

My point is should they be chasing it when there is the claim that "approved limit" is not a prescribed term and therefore the agreement is wholly unenforceable

Previously to this they offered me a special offer discounted settlement!!!

whether they should be chasing is moot, but the fact is they are! they get round the dont enforce whilst in dispute by claiming that what they are doing is not enforcement, and also by saying you dont have grounds for dispute so your dispute is invalid

Had disputed Egg credit card debt - disputed due to "approved" credit limit and no rate stated for cash advances. Heard nothing for ages then Aktiv capital started writing to me - have now had letter saying "in our opinion" the agreement is enforceable.

Haven't posted in a while due to things going very quiet.

Any help out there please?

thanks

Cleo

Yes, a recent high court case said that Egg accounts are enforceable.

However, you may still have issues if PPI was mis sold

Hi,

Yes PT had a court case with the approved limit - it failed - but not just on this one point - so I wouldn't hang your hopes on the Approved Limit area.

PPI is a genuine area you can challenge, Egg were fined a huge amount regarding their mis-selling of the very same - if you didn't need it, want it, or were able to benefit from it - then its been mis-sold - you will get a refund of premiums Plus interest.

Were you one of the infamous accounts who recd a " you are to be terminated" letter in Jan 2008 (with termination occuring March2008) by Egg - as you didn't fit their new business model? If so, there is another area you can look at ..

Abs x

well a while since I've posted on this thread.

This has been to so many DCA's you wouldn't believe it.

The last time I requested copy agreement and paid the £1 fee they credited it to the account.

I dispuited this as it was not a payment.

PRA Group have now acknowledged in writing that this is STATUTE BARRED after agreeing the £1 was taken as payment in error.

Account now closed (£6k+)

As always CAG is my first port of call and thanks again.

Just shows how important it is if they count the £1 as a payment it re-sets the SB clock .

My PPI claim for this is now with the FOS.

Just shows how important it is if they count the £1 as a payment it re-sets the SB clock

Hello again Cleo, good to hear this is dead and buried..

Just to clear up that little grey area, for others more so, but any notion of a DCA/creditor claiming that a £1 payment made for a CCA request is a payment made toward the debt will be incredibly hard pushed to convince a DJ of the same, and once a debt is SB nothing can unbar it.