Egg CCA agreement arrived......

[linz2011]

Hi

 

My credit agreement arrived today they signed the agreement 2 days before me is that acceptable?

[pt2537]

can you post a copy of the Agreement? some of EGGs earlier agreements were non compliant from memory so it would be good if you could scan in a copy so everyone could look over it for you

[linz2011]

thanks pt yeah i will scan it on later today:)

[Curlyben]

Also bear in mind this lot:

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

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 agreement 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

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

[linz2011]

copy of the agreement attached

 

Comments please .....

Egg first.pdf

egg second.pdf

[linz2011]

Bump:)

[Having_A_Knightmare]

Hi linz

 

All the perscribed terms seem to be on the agreement.

 

Did they send you the T&C

 

HAK

 

 

Click here for great help:razz:

http://www.consumeractiongroup.c o....hat-youre.html

 

If I have helped please give the scales a press.

[pt2537]

I tend to agree with HAK

 

all the prescribed terms appear to be there,

 

regards

paul

[Having_A_Knightmare]

Hi Paul

 

Going of the subject sorry linz

 

Can you get a copy of the Health and Safety at work act 1974.

 

HAK

[linz2011]

Hi no T&C's does it matter that they signed before me?

[linz2011]

Hi does anyone know the answer to my last question?

[pt2537]

Hi Linz,

 

i cannot find any thing in the CCA 1974 which suggests that one must sign the document before the other to execute it correctly

 

im not sure if there are any S.I's which make such provisions but i will look around and see what i can come up with

 

regards

paul

[linz2011]

Many thanks Paul

[pt2537]

Oh , HAK, just thinking, regarding the Heaslth and Safety At Work Act you can view the act at Results within legislation - Statute Law Database

 

if you do want a PDF copy let me know

 

regards

paul

[aBitofaPickle]

Subbing to you as well Linz

[cresswell80]

linz - did you ever get to a resolution on this? my egg "agreement" follows the same template...

[linz2011]

Nothing - i just pay a nominal amount each month 1 per month and have not heard anything since - good luck with yours