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    • Oil and gold prices have jumped, while shares have fallen.View the full article
    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
    • The streaming giant also said it added 9.3 million subscribers in the first three months of the year.View the full article
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Egg Credit Agreement Request


bandyandstrange
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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

So Far:

HSBC Bank Charges Reclaimed Dec 2006 £950

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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.

"Why CCJ when you can CCA!"

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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

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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

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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!

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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  • 4 months later...

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

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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 ?

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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  • 8 months later...

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

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  • 2 weeks later...
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

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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

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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

 

 

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