I posted the following to Cap1 today....recorded delivery! Capital One Cards PO Box 1000 Camberley GU15 3ZQ Dear Sir/Madam Ref: Account Number: ******** Despite my instruction regarding any communication from your company, which stated that I require all communications in writing, your telephone calls continue. This behaviour constitutes harassment; my instruction stated quite clearly to you that I require all communications in writing. Do not telephone me again and remove any telephone numbers you hold for me from your systems. Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue to telephone me after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that all telephone calls are recorded. This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. Should the telephone calls not cease immediately a formal complaint, containing copies of all correspondence including yours, will be submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution. Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003. I trust that I have made myself understood on this matter. Yours faithfully

Guys, My EGG Agreement (1999) is currently being Audited by a Solicitor. hopefully i can post his findings on here soon.

thats what I thought. I would love to draft a letter stating such things too.... Any help please?

Hi all, I recieved a Phone call from capital one last night regarding my arrears on my account. They sent me the usual Blank CCA and T&Cs and have told them I require a True signed copy under the agreement. Assuming the call was being recorded I was careful to say that this is what i require and nothing less. Until that the account remains in dispute. The have denied ever recieving my initial letter however I do have proof of posting etc. They want me to send them another letter detailing the dispute. What should I write? I intend writing something along the lines of... Initial CCA letter sent Day 1 Reminder sent Day 12+2 You have until Day 12+2 (+30 days) to comply And inclose copies of the letters? Any advice?

How does this sound as a reply... As the account was placed in dispute on the 18th Feb 2009 you are not legally obliged to reject this account until the original signed agreement can be produced. If you continue to persue this account before it is properly resolved I will formally complain to the OFT and the FOS. Until such time you are kindly requested to follow the written request under section 77/78 of the CCA 1974.

Yes, and they acknowledged it

I recieved this email from EGG. The account is in dispute in my opinion. My CCA is being audited by a soliciror and I am awaiting a response from him. In the meantime, anyone have any weasely words I could reply with? Dear XXXXXX I've spoken to our Customer Relation Office and they've rejected your complaint, you'll be receiving a letter shortly to confirm this. If you wish to take the matter further, you'll need to contact the Financial Ombudsman, their contact number is 08450 801800. Thanks for your message. Regards A. Joke Internet Customer Services

I have posted this from another forum.... Central Trust Plc V Spurway [2005] CCLR, HHJ Overend states 24. In my judgment, the passages of Lord Nicholls’ speech cited by Mr Say persuade me that: (a)The amount of credit must mean credit in its technical sense, and (b)That although the use of the word “credit” is not prescribed, there should not be any confusion in the mind of the lay reader as to what the amount of credit is and it was a credit card case, this argument as been used successfully against egg in litigation on five occassions.

Amended the letter.... I havent paid them a penny since they defaulted so I am correct in doing so I assume? EggLetter1.pdf

I have scanned in the Letter for your perusal.... Enjoy...

Many Thanks! I will, first thing. They know as well as we all do that a signed copy would end the dispute. I believe they dont have it as I was one of the 60000 that had the card cancelled for no reason last year!!!

I sent a 12+2 day reminder letter last week to EGG informing them that my account is now in dispute. As a result I informed them that they have no right to demand payment nor add charges to my account. Today I recieved a letter from EGG stating the following... "Contrary to the assertions in your letter, the documents enclosed in response to your request constitutes a copy of the executed agreement. This consisted of a copy of the agreement you originally entered into, together with the current terms of your agreement as required by the Consumer Credit(Cancellation Notices and Copies of Documents) Regulations 1983. As permitted by these regulations, the copy of the afgeement that you entered into is a 'true' copy, reproducing the original terms and format of your agreement but omitting signature boxes and signatures. As a matter of law the documents we enclosed in response to your request constitute a true copy of the executed agreement" Any opinions? Mine is, until I see my signature on that agreement (it was back in 1999) then it remains in dispute.

Anymore opinions advice please?

I never signed anything with Virgin.MBNA, it was all done over the internet. And as its in 2006, this kind of agreement is enforcable (I believe?)

Hi, After declaring the account to be in dispute last week, MBNA/Virgin have sent me a copy of my CCA/T&Cs... It looks in order to me, but would like some more educated opinion/comments please... I ave also reposted my Northern Rock Loan CCA also....I dont see a "Right to Cancel clause in it" Thanks S tinocca.pdf NorthernRockCCA.pdf

I will ask for a copy of the T&C's and proof that were part of my original signed agreement. On another note, is there any free legal advice out there that could gve you a review of your agreement?

Thanks! I have amended the scan to hide the offending items Thanks again for the input, I believe it is, although there could maybe be some arguement over no cooling off period etc??

Hi all, Scanned my CCA in for perusla! The second sheet is a 'non-attached' T&C Sheet - Unreadable regards S NorthernRockCCA.pdf

Cheers, I'll post the copy tomorrow. Its worth noting that no cooling off period is stated and that I did not sign this on the banks premises.

Hi, I CCA'd NR a month ago and although late, they have supplied me with a signed CCA. It is a single, photocopied sheet signed by me and dated Sept 2005. No other sheets are attached however a staple is clearly marked on the copy. Note: This is a LOAN, not a credit card I will scan this in tomorrow, however I have a question regarding the prescribed terms. the Terms used in the agreement are: 1. Loan Amounts 2. Loan Amount 3. Total Amount Payable 4. Monthly Payment 5. Term of Agreement 6. Total charge for credit My understanding is that the terms should be: CCA RULES FOR PRESCRIBED TERMS CONSUMER CREDIT ACT 8.2 What if prescribed terms are missing or incorrect? s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreemet was signed by the debtor – see Q1.21. If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order. 8.3 What are the prescribed terms? The prescribed terms specified in Sch 6 are as follows: * amount of credit – see Q8. * credit limit – see Q8.5 * repayments – see Q8.9. * rate of interest – see Q8.6 etc. Any advice?

Cheers. My agreement was taken out in 1999 and I believe they do not have the prescribed term of Credit Limit in the agreement, if they actually have it! We shall see! Thanks

Cheers for that. I am fully confident that the information in the ebay advice and in the forum is more than enough to progress my case. Another thing, as the 12 days are up, and EGG are currently in Default, can they ask for any further payments on the account? I plan to put the payments into my savings account from now on.

Can you post a copy of the agreement? Many things can make an agreement unenforcable.

Hi all, I am new to the forum however I have been reading with interest your threads on CCA'ing creditors etc. My current situation is this. I have used a company to CCA my EGG Card account and as of the 12th Feb 2009, EGG have not responded to the request to produce a CCA. A Reminder letter has been sent giving them a further 30 days. They charge a one off fee of £99. After 12 days can I stop paying them? In the meantime, I have decided to have a go myself at my remaining creditors, Cap1, Virgin, Smile and Northern Rock. I purchased the attached information from an ebay seller for £10 and used the template letters from it. I have attached it for reference. Anyone give it a quick read and give me any further advice as to what to do with either my DIY claim and my Credit Reclaim one? Thanks S Misselling.pdf