CCA Lowell, Received Egg form, is it real?

[chno9]

Hi

 

I sent Lowell a CCA request (27/09/07) for an alleged debt they say i owe. Today (16/10/07) i have received what they claim is the original CCA. Although i requested this from Lowell, i received the letter back from Red Debt.

 

I am not an expert on this, but after reading the document it appears that they have sent back an application form.

 

Also thought it worth mentioning that the address they say the credit card was opened at is completly wrong (suspiciously enough the exact same WRONG address that Lowell/Red Debt keep quoting in their correspondance).

 

Can anyone advise me on what step to take next. I will try and post the form they have sent out.

 

Thanks

[chno9]

http://i215.photobucket.com/albums/cc178/colno9/img003.jpg

 

http://i215.photobucket.com/albums/cc178/colno9/img004.jpg

[twofoot]

It's way too small for the experts to read so you need to redo it.

[chno9]

You should be able to zoom in on it.

 

drag the mouse over the image, and it should automatically turn into the zoom icon, click and this should enlarge it.

 

If this doesn't work i will see if i can do this some other way.

 

Let me know.

[Curlyben]

Well Egg's agreements do seem to comply with CCA and contain the prescribed terms.

 

 

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

 

Technically they are chasing the wrong person, but I feel that's minor.

 

Now when was the last acknowledgement in writing or by payment made on the debt ??

[Peterbard]

Hi

Well all the prescribed terms are on the first page and the signatures seem ok..

this is a none cancellableagreement which means tht their was no anticecedant contact between debtor and creditor.

They are correct in saying that they would not be able to enforce without a court order and in fact they would not becsase most of the protection and remedy information required bythe agreement regulations a missing if you have a look on the agreement thread you wil find a list of what should be on the agreement otherwise it is contained withinthe1983/1553 regulations.

Best regards

Peter

[chno9]

Right i have done this every way possible hopefully one will work. There are two sheets so i have listed them sheet 1, sheet 2.

 

Sheet 1

 

img003.jpg - Image - Photobucket - Video and Image Hosting

 

 

 

Sheet 2

 

img004.jpg - Image - Photobucket - Video and Image Hosting

 

 

 

If people still can't see in detail, can someone suggest how to display please.

 

Thanks

[chno9]

As i have previously stated i am not an expert on these things. A couple of things that i would question about this form.

 

• The address is in correct, and as such i would not have signed something with incorrect details.
  
• The actual credit limit is not given (i would have assumed that this should be on here?)
  
• The full terms and conditions mentioned within this document are not provided.
  
• The statement refering to this agreement not being binding to Egg until they have completed checks and i have signed and returned the credit agreement. (Just sounds like an application form statement to me)?

Does this mean then that they have supplied me with a document that does not comply with the CCA request?

[chno9]

Hi Curlyben.

 

I don't have any records that i ccan look at unfortunately.

 

the details i have are from my credit report:

 

ACC start date 21/05/2002

Acc closed 15/01/2003

Last updated 10/11/2003

[chno9]

I am sending a SAR to egg to find out all information relating to this.

 

Hopefully this should tell me all the relevant dates, and also how much of the debt is made up of unlawful charges. I would not mind paying what i owe, but i certainly am not going to pay for the charges they have levied against the account.

 

I'll keep posting with updates, and hopefully this will help others.