Egg Credit Agreement Request

[bandyandstrange]

Hi As Well as gold fish i have egg which I have CCA'd due to not freezing interest and charges, they have sent me a credit agrrement back but i think its the standard one which every one gets different pages different fonts t&c's not on same page as signature etc, i have scanned them but dont know how to put them up on here if some one can tell me how to do it i will post them.

 

regards Bandyandstrange

[payingonlyencouragesthem]

Did you take out the agreement more than six years ago? The earlier Egg agreements weren't enforceable but the more recent ones are. I think you would have a job arguing that the different font sizes and T&C's on different pages preclude enforcement.

[bandyandstrange]

Hi Yes it was taken out on 15th may 2000 7.5 years ago.

 

bandyandstrange

[payingonlyencouragesthem]

Try and post it up here - someone with a detailed knowledge of this area can then advise.

[bandyandstrange]

ill try again

[bandyandstrange]

[bandyandstrange]

[bandyandstrange]

[bandyandstrange]

Right done it this is what they have sent me looks to be enforceable to me any advice is as ever gratefully reciecved.

Bandyandstrange

[payingonlyencouragesthem]

Yes it does seem to be kosher. Some of the early ones were just electronic application forms with no customer signature, just an x. Try to PM peterbard - he's done a lot of research on this subject.

[Having_A_Knightmare]

Hi

 

Did they send you the original T&C they should be there.

 

They seam to bo on the ball Egg with the CCA`s, I still havent got the bottle to send them one yet.

 

HAK

[bandyandstrange]

Hi No everything i recieved is posted on here.

 

Egg is the only one out of five to respond to the CCA

[bandyandstrange]

right i know this is a bit off topic but been searching for ages how do i upgrade my account from a basic account??

 

bandyandstrange

[Having_A_Knightmare]

right i know this is a bit off topic but been searching for ages how do i upgrade my account from a basic account?

 

It will get upgrade the more post you do.

 

Not sure what happen about the scales anybody know?

 

HAK

[vinegarvera]

Subbing

[ncf355]

Seems similar to mine

 

I CCA'd them about 6 months ago and received the same documents, note that thet T and C's are clearly in a sep document, meaning this would be improperly executed (T and C's need to be in the sig document)

 

Taken from OFT786a advice for creditors re making of agreements:

 

 

S61(1) provides that a regulated agreement (other than one falling within the s74 exemptions, see Q1.2) is not properly executed unless:

• a document in the prescribed form, containing all the prescribed terms of the agreement and conforming to regulations under s60(1), is signed in the prescribed manner by the debtor and by or on behalf of the creditor;

• the document embodies all the terms of the agreement, other than implied terms;

 

S61(1)(b) requires that the document must embody all the terms of the agreement other than implied terms. This is not limited to information required to be included by virtue of the Regulations, but is designed to ensure that the entire contract is set down in the signed agreement. If this requirement is not complied with, the agreement is not properly executed (see Q1.20) and is enforceable against the debtor only with a court order.

 

1.20

 

What if an agreement is not properly executed?

 

S65(1) provides that an improperly-executed regulated agreement is enforceable against the debtor on an order of the court only.

 

 

Now, to my way of thinking this means any interest added since the beginning of the account was a result of enforcement of an improperly executed agreement, so my case will be to claim back -

 

a) all penalty charges

b) all interest

c) removal of all data from CRA's (as the data processed was inaccurate)

 

and if im feeling gutsy -

 

d) interest on b) at Eggs cash withdrawal rate on the prinicpal of restitution for Eggs unjust enrichment

 

 

All the above is of course IMHO!

[Bob_and_Wendy]

Hi further to my letter for a CCA following my card being cancelled the EGG have now written to us offering us our charges back??? I called them today to say I would like this sent to me by a cheque but they have refused saying it has to go onto my account as I have a balance?

 

Can they do this? I now cannot use the card with the high interest and cannot have access to the money they say I am due? They have NOT supplied the CCA?

 

Please help

[intercityman]

Hi further to my letter for a CCA following my card being cancelled the EGG have now written to us offering us our charges back??? I called them today to say I would like this sent to me by a cheque but they have refused saying it has to go onto my account as I have a balance?

 

Can they do this? I now cannot use the card with the high interest and cannot have access to the money they say I am due? They have NOT supplied the CCA?

 

Please help

 

 

Intresting you CCA them and they off the fee's back. Not heard that happen. You sure iyou didnt send a SAR ?

[Bob_and_Wendy]

No but we had previously requested charges refunded and had only received a tiny portion of them?

[postggj]

just bringing this old thread back to life

 

helping out my brother with a defaulted egg account

the agreement posted is the same as his, but the t&c sent is about 50 pages long, printed straight off the internet

 

looking at post 16

has any body used this defence and is it still valid with egg

 

i do hate it when threads just stop with out a conclusion

[MAGDA]

just bringing this old thread back to life

 

helping out my brother with a defaulted egg account

the agreement posted is the same as his, but the t&c sent is about 50 pages long, printed straight off the internet

 

looking at post 16

has any body used this defence and is it still valid with egg

 

i do hate it when threads just stop with out a conclusion

 

Hi, I have been disputing my egg agreement for about a year now. I don't see that there is any proof pages one and two are connected and of course, there is the issue with the t&cs which Egg appear unable to provide. I have written on several occasions to the DCA and the account has been on hold for most of the last year. Received another letter today stating that Egg has informed the DCA that the T&cs are available to view on their website! Have written back and informed them that this is not acceptable as these are the current t&c's, not those relevant to my alleged agreement. I've also asked for clarification on whether Egg still have the original agreement and to provide evidence that the two pages supplied are in fact the same document. I am going to stick with it and see what happens. Magda

[cycling-jen]

Hi everyone

 

I was wondering if anyone could clarify a point made earlier in this thread about online applications for Egg cards only requiring an x in a box rather than a signature? My husband took one of these cards out and so we are wondering if an electronic signature is considered valid or if this would make his agreement unenforceable?

 

thanks

 

Jen

[Hopster]

I would like to know this too.

[Wolfy]

bumped as I would be very interested to find out if post 16 is correct

[Mistermind]

Hi everyone

 

I was wondering if anyone could clarify a point made earlier in this thread about online applications for Egg cards only requiring an x in a box rather than a signature? My husband took one of these cards out and so we are wondering if an electronic signature is considered valid or if this would make his agreement unenforceable?

 

thanks

 

Jen

 

see

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1724689.html