Hello All, I have been reading all the help people are getting on this forum-what a great set of people-especially the cheekiness to a DCA thread-it really lightened my mood and made me less scared of the crisis I am in at the moment. I am hoping to get some clarification on the following EGG credit card agreement. Can I confirm and ask how to word the account in dispute letter-specifically the sections the agreement may or may not be in breach of the consumer credit act. I believe it is unenforceable because it does not state a credit limit and does not include a right to cancel. Also I think it is improperly executed because it does not state credit card agreement but credit agreement. If there are any more ways in which it doesn`t comply can you help me and let me know. This is the first account in dispute letter I will be sending and am extremely wary of getting it wrong and am getting calls three or four times a day from them from differing numbers. I can`t believe I`m too scared to answer my own telephone. Thankyou in advance guys. Also any thoughts on how best to tackle this.

It`s the exact one I have had back off them-still deciding what to do really, I will have to send an account in dispute letter. But can`t decide if I should make them a 2p in the £1 offer-it would be £100 in my case, or if I should wait until they make their next move.

"Will not be tolerated"?! Who do they think they are?? I also have the same egg credit agreement and they are getting the account in dispute letter, I was going to offer them a 2p in the pound offer as a token of goodwill but thanks for the advice above guys-I`ll just leave it at that for the time being.

Hello, Can I just check that I am in fact being dense? I have just had a look at the egg agreement I received-and word for word it`s the same as the one Steven says in unenforceable-which is a help to the situation, I will write a letter making a 2p in the pound offer. But the MBNA agreement terms ( the one I posted) also says something very similar-we will let you know by letter..........p.2 of the agreement and yet that one is enforceable. Is that because it was an e-application? Again-sorry if I am just being dense.

I got mine back this morning-I didn`t sign it, I quoted part of the leter template and enclosed a photocopy of my drivers licence with the signature blacked out and my electricity bill, no complaints about the sig, just saying they want £10 to send me my transaction history-I will be sending it back to them along with the SAR so I can go through every single thing. It was signed-which is odd because I applied for the card online, so I will be taking it further.

Hi All, I am considering sending this in response-although I can`t afford to pay them comfortably I do feel obliged to pay them moneyI have in fact had. XXXXXXXXXXXXXX XXXXXXXXXX XXXX XXXXXX Anytime January 2009 Re acc no XXXX XXXX XXXX XXXX Dear Sir / Madam, Thank you for your response to my request for a credit card agreement. There are some issues I do not comprehend as yet and would appreciate further clarification. I am aware that the agreement you sent me contains what is to all appearances a digital signature, but I have serious concerns that it also shows that I signed a PPI agreement which I do not believe I did. I was not in a position to benefit from the Insurance should I have attempted to claim it-a fact which I raised with your company after noticing it had been added to my account, during a difficult telephone conversation with a man who refused to cancel the insurance upon request(offering me no other option but to keep it I may add). Thus I rang again immediately after terminating this fruitless conversation to complain to a department manager, who assured me the matter would be dealt with. Put simply, it wasn`t so it was left to myself to send you a letter regarding it-a copy of which I am sure you kept and I did too. Of course all of these incidents will be recorded by yourselves and are very easily investigated. I would like to thank you for forwarding me a transaction history for it has made me aware that all the PPI was never refunded to me and the sum of XXX XXX less one refund of XXXXX remained in your possession. It may seem curious that I have never spotted it before-my husband-Mr XXXX XXXXXX dealt with all the household bills at that time and I only handled issues when it required the accountholder to do so-posting cheques or send e payments fell within his remit at the time-that is not the case any longer. Of course I want the sum and any interest you have charged on it refunding back to my account, so as to get an accurate idea of my immediate-and pressing financial situation. There also appears to be a £25.00 late payment charge I am sure you are aware of recent decisions fixing the threshold at £12.00 again the difference refunding along with any interest that the additional sum of £13.00 will have accrued seems to be the norm here. I also require some information regarding some other items on the transaction history-I`m sure, as you have offered clarification, you don`t mind. Some of which I understand clearly and some I don`t 01-purchases made using card 33-payment made to yourselves 04-interest charged on purchases made by card 18-payment protection refund 12-late payment charge 47-interest charged on using the cheques you supplied 35-unpaid direct debit 21-charge levied for an unpaid direct debit 45-finance charge 19-fee for going over credit limit I`m sure they are a matter for your own internal usage and record keeping but I do need to understand, if you wouldn`t mind pointing them out for me, where in the credit agreement these charges - 47,21,19 and 45 are referred to-I just can`t see it, perhaps they are in sections 4-16 which were not contained within the documentation you recently forwarded to me. ( I`m sorry but I can`t ...........“click terms and conditions link at the top” ..............of a sheet of A4). To make a step in the right direction I will need to begin to make payments to yourselves, Each time I have had telephone conversation with members of your staff-oddly all of which are the Departments Manager the amount required has differed, and besides I did have a verbal arrangement with yourselves to pay XXX per month for three consecutive months whilst I reviewed our finances, an arrangement which was later denied by a member of staff-again another Department manager a few days before the last payment fell due. I have since made no further payments to yourself, despite calls made to your department by my husband with myself present-because both times different sums were offered to him. Because of this we are seeking further advice, but wish to begin making payments we can afford. We do not wish to ignore this debt or not pay any monies which we owe, but like all our other creditors you must accept that only after our necessary expenses are paid eg Mortgage, council tax, food bills etc will we turn to your bills. Due to the unreliable nature of the arrangements made over the phone I will no longer accept or respond to anything other than written correspondence, and will view any further telephone calls regarding the unpaid amounts as harrassment-from which I have legal protection-which I will invoke should you choose to continue. I feel that it is reasonable for me to ask for written contact only. I also feel it is reasonable to ask for a real Manager who actually has some authority over this situation to deal with this matter. ..................................... What do you guys think? Is this a mistake? We can afford a certain amount each month but certainly nowhere near the amounts they keep talking about.

Yes-that`s where I lifted my line from.

I sent my CCA to Egg yesterday and included copy of driving licence and copy of phone bill. And added at the bottom "I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my S77/78 request. I am sending this to you via recorded delivery, a copy of receipt and full print out of the confirmation of delivery will be kept along with a copy of this document for my future reference."

I have rescanned the stuff they sent back to me-this time blanking out my details properly thatnks for warning me They are calling daily-I now let the answer machine pick up, of course I know it`s them when they just put the phone down without leaving a message. I am going through the transaction history and find they have taken about £400 worth of PPI. At the time I complained I was told they could only cancel it with thirty days notice-which I believed even though I disputed that I ever asked for it in the first place. Should I also have received a copy of the PPI T&Cs-not just the note that says (at top of page 4) ".........can be viewed by clicking the Terms and conditions link at the top of this page." ------------maybe it`s nothing but...........clicking the Terms and conditions, noting the capitalised T in mid sentence, does this seem a cut and paste job to anyone? Probably nothing. The problem is I don`t have the money to pay what they are asking for-it just doesn`t exist, and every conversation we have with them they ask for differing amounts when we try to come to some acceptable repayment arrangement. I don`t think I have spoken to a single normal employee in all that time-every single one of them appears to be the department manager-laughable. As I have requested it via CCA request-shouldn`t I also have received on paper something with sections 4-16?

Thanks again Steven, I am sorry if I seem a pain the rear but just to clarify a confused and unsure mind ..................the unlawful charges in 3.a-is that including the "any other losses and costs we suffer as a result of you breaking this agreement" ? I can`t seem to find your goldfish thread at present. And also, I do remember not ticking the PPI box , and should I not also have received the terms it refers to after the PPI box anyway whether it`s an online application or not? I complained about PPI and was assured at the time it would be cancelled from inception, and charges refunded to me but looking at the transaction history they sent it never was refunded back and was treated like a standard 30 day notice canx not a from inception cancellation. Is there anywhere I can see the interest rates and changes on the forum so I can re-work out the correct sum outstanding after looking at the unlawful charges? Again apologies in advance if I am just being dense.

Will do thanks-

Will do, thanks Steven

If I could tell you what your words have meant-well...............needless to say I feel better. Thankyou so much Dave

Hello everyone, I have been redirected by a kind member to this thread to ask about this multiple agreement, I didn`t ask for the PPI and did ring to demand it be cancelled and after a few months they eventually did-it MBNA image removed My OH thinks it looks like it is ok but he has some questions about the fairness of the agreements terms.

It was added, and although it was a while ago I could swear I didn`t tick it, I complained about it afterwards and after a few rude calls ( on their side) they finally cancelled it, BUT now I am at odds with them...................shouldn`t I have had a full refund of all monies paid. And should I send a letter about the charges-they did indeed charge me the £25 and not the £12 I have been told about.

It isn`t that I don`t want to pay back what I have had. The problem I have had with MBNA-along with many others is that they believe they are more important than our mortgage, or our kids clothing etc-they aren`t. They won`t accept our reduced offer of payment-instead they would rather take a beligerent stance and attempt to make me feel like the proverbial. It won`t work-I don`t feel bad because I am skint, I feel bad I can`t look after my children properly-and until I can they can get lost. I haven`t murdered anyone, I have just lost my business and am about 6/8mths away from losing my home if something doesn`t happen soon. I have posted my CCA response-it looks kosher but I`m not sure it is a fair agreement-I`m hoping someone expert will take a look and let me know if I have a weapon I can use to fend them off-at least for a little while.

Thanks for taking the trouble to have a look at it. On the transaction history there are PPI payments at the beginning which I complained about at the time and only after a tussle did they stop taking the money-never received a refund though, and I will have to have a look at the charges too. Hoping someone else will have a gander then-again thanks anyway

Hello Everyone, I sent my CCA request to MBNA and received this today. They were on day 12. Image removed There then follows a copy of December`s statement along with a transaction history. I am a bit concerned about the fact that I applied onlne-is that relevant? I hope you can help, I am in a daze:(

Thanks SilverFox and Lex, sometimes when all you see are the mountains, you completely overloook the streams.

Hi, I am need of hope really, and I was wondering if any of you have any success stories. Anyone had a debt "overturned" or written off as a direct result of going down this road. I`m still at the start and feeling glum.

please work....................

sorry all-need to read up on the how to section I think

ok let`s see if it`s

ok

Okay, here they are-no they`re not-bear with me.