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blackntan

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  1. I was not trying to make a point. I was just trying to clarify what the EU Directive actually says for those that may not know.
  2. Taken from the new EU Directive on open-end agreements. Open-end agreements 37. In section 87 (need for a default notice), after subsection (4), insert– "(5) Subsection (1)(d) does not apply in a case referred to in section 98A(4) (termination or suspension of debtor´s right to draw on credit under open-end agreement).". 38. After section 98 (duty to give notice of termination), insert– "Termination etc of open-end consumer credit agreements 98A.–(1) The debtor under a regulated open-end consumer credit agreement, other than an excluded agreement, may by notice terminate the agreement, free of charge, at any time, subject to any period of notice not exceeding one month provided for by the agreement. (2) Notice under subsection (1) need not be in writing unless the creditor so requires. (3) Where a regulated open-end consumer credit agreement, other than an excluded agreement, provides for termination of the agreement by the creditor– (a) the termination must be by notice served on the debtor, and (b) the termination may not take effect until after the end of the period of two months, or such longer period as the agreement may provide, beginning with the day after the day on which notice is served. (4) Where a regulated open-end consumer credit agreement, other than an excluded agreement, provides for termination or suspension by the creditor of the debtor´s right to draw on credit– (a) to terminate or suspend the right to draw on credit the creditor must serve a notice on the debtor before the termination or suspension or, if that is not practicable, immediately afterwards, (b) the notice must give reasons for the termination or suspension, and © the reasons must be objectively justified. (5) Subsection (4)(a) and (b) does not apply where giving the notice– (a) is prohibited by an EU obligation, or (b) would, or would be likely to, prejudice– (i) the prevention or detection of crime, (ii) the apprehension or prosecution of offenders, or (iii) the administration of justice. (6) An objectively justified reason under subsection (4)© may, for example, relate to– (a) the unauthorised or fraudulent use of credit, or (b) a significantly increased risk of the debtor being unable to fulfil his obligation to repay the credit. (7) Subsections (1) and (3) do not affect any right to terminate an agreement for breach of contract. (8) For the purposes of this section an agreement is an excluded agreement if it is– (a) an authorised non-business overdraft agreement, (b) an authorised business overdraft agreement, © a debtor-creditor agreement arising where the holder of a current account overdraws on the account without a pre-arranged overdraft or exceeds a pre-arranged overdraft limit, or (d) an agreement secured on land.". 39. In section 189 (definitions)(11), in subsection (1) after the definition of "OFT", insert– ""open-end" in relation to a consumer credit agreement, means of no fixed duration;".
  3. Question to Peter Bard or anyone else. I received the termination letter while not in default or behind with payments. I sent a subject acess request to Egg, they replied that they would send what they believed was relavent dispite the fact that I asked for complete disclosure. I asked them to define what they thought was relavent to which I received no answer. When the SARs came through there was no termination letter, (I have mine anyway). My question is why would they withhold this document if what they have done is correct. I am not the only one not to have received the termination letter as part of a SARs request or even if requested seperately.
  4. The original letter says in the first line- "We are ending your Egg Card agreement" The last sentence says- "If you'd like to speak to someone about any financial difficulties you may have, or if you have any additional questions about the termination of your Egg Card Agreement, please call 0845 301 0892."
  5. I have received the following from Egg with reference to my complaint. "Where you state your agreement was terminated on 6 March 2008, this was the case but the agreement was not terminated in the sense you believe it was." They then go on to talk a lot of nonsense about how termination does not mean termination. How do they expect people to interpret official correspondence to mean anything other than what it actually says? The dictionary definition of "terminated" is 1. To set a term or limit to; to form the extreme point or side of; to bound; to limit; as, to terminate a surface by a line. [1913 Webster] 2. To put an end to; to make to cease; as, to terminate an effort, or a controversy. [1913 Webster] 3. Hence, to put the finishing touch to; to bring to completion; to perfect. [1913 Webster] Perhaps Egg have a dictionary all of their own. It might be an idea to supply one to anyone signing an agreement with them.
  6. Thank you for your help and quick response Toymaker. I was thinking of a reply along similar lines but I wanted to be sure I was right. To clarify my account was terminated (not in default/ no arrears),defaulted and then terminated again.
  7. The letter mentioned in my last post was in reply to Toymakers template at#790. ARC's reply then continues: "We are instructed that the above balance remains outstanding and must be paid. Your payment should be sent directly to this office. Please ensure your payment is made payable to ARC (Europe) Ltd and clearly write your reference number xxxxxx on the reverse, or this may delay it being allocated to your account. Alternetively you can telephone us to make a payment by debit or credit card. If we do not receive your payment within the next 10 days, this account will be passed to our solicitors for action." This is the end of the first page. It is not signed and may be missing a second page.
  8. I too have been in correspondence with ARC. I am in a similar position to HP Mum. Egg terminated my acount without default, I was unable to continue making the payments, they then defaulted and terminated me again. I have now received the following from ARC and would be greatful for any advice on how I should respond. Please note that ARC (Europe) Ltd is a debt collection “agent”, acting in good faith on the instructions received from a “disclosed” principal, namely Egg Banking Plc. We are therefore authorised to write to you in connection with the above matter and to instruct solicitors in contemplation of court proceedings where we consider it appropriate to do so. Please note that there has been no “assignment” of the debt from Egg Banking Plc to ARC (Europe) Ltd. We are instructed that our client’s legal department have investigated the issues raised in your letter and there is no section in the Consumer Credit Act relating to the termination of the agreement. The Egg Terms and Conditions enable our client to terminate the agreement which they did as your account was in arrears. You can view the Terms and Conditions on our client’s website at Credit Cards | Saving Accounts | Insurance | Egg. Thanks.
  9. Hi I have an Abbey bank account with an overdraft of £1900. I would like to claim back my bank charges from Abbey but am unsure where this would leave me with the overdraft. I have yet to do the maths but it is possible that the charges and overdraft could be around the same figure. If I set a claim in motion will Abbey try to close my account and demand immediate payment of the overdraft? If so could I claim that they owe me as much as I owe them and hope they will leave me alone? If Abbey were to take me to court for the overdraft would the court agree that one cancells out the other or would they expect me to pay off the overdraft and than claim back the charges as a seperate matter at a later date when the banks appeale has ended? I have another basic bank account set up and could transfer my wages, direct debits etc to that. At the moment I am paying monthly interest charges on the overdraft and am not in a position to reduce the outstanding overdraft. The longer I delay claiming the charges back the more I will be paying Abbey in interest. The overdraft goes back several years and is made up primarily from the bank charges. I don't know where to begin with this and don't want to make matters worse. Any advise would be greatfully received.
  10. No one dca has any more powers than another. They may use more threatening language but unless they are going to follow through that is all it is; just threats. They need to put up or shut up. Creditors should not be sharing our data with all these agencies. Egg are just trying their luck passing the debt from one dca to another. Toymakers argument applies whichever court or dca you are dealing with and that is the one they have to answer. Considering most dca's don't appear to read our letters you judge for yourself whether it is worth replying to them.
  11. I think anyone who has paid their debt off has acted admirably. However, I don't think the banks behavoiur has been admirable at all in the way they have treated people with regard to terminating accounts and sharing data. Many cannot afford to pay the debt and are harassed by third party debt collection agencies sometimes to the point of SUICIDE. Toymakers approach and letters are EXCELLENT.
  12. Hi Has anyone suceeded in getting Egg to back down over an agreement terminated before default? I would be interested in hearing from anyone who is a little further along the process than I am. My account was terminated, defaulted and then terminated again. I have SARs Egg and they been unable to provide me with a copy of the "your account has been terminated " letter.
  13. I recently wrote to ICO about a default registered against me by a store card where the agreement did not contain the interest rate. Their reply was that the company had a right to share the data even if the agreement was unenforceable. "The question of whether a legal liability exists in relation to a credit agreement is quite seperate from the question of whether such a liability may be enforced by the creditor." I will upload this letter if anyone wants to see the whole letter. Bearing this in mind are ICO likely to take any action even if Egg are in breach of my SAR request. I personally think that ICO are just a quango that are all talk about the sharing of data but no enforcement. What have they done about the various discs that have gone missing with all of our personal data from the NHS, Child Benefit data and media blagging and so on? Yes somtimes they may expose illegal data sharing but what action are they taking about it?
  14. My Egg card was ended while not in default, I am one of the 160,000. A year later I had problems keeping up repayments and Egg defaulted me, sharing my data with credit reference agencies. Egg then terminated my account again. The debt was passed to Moorcroft. I SARs Egg. They replied without the original letter ending my agreement. The Information Commisioners Office have suggested that I write again asking for the original letter. I have now done this and am awaiting Egg's reply. My question is, if Egg reply with the same sort of nonsense they have sent others on this thread and I make a formal complaint to ICO what is likely to happen next?
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