Egg credit card agreement terminated

[twodogs]

Hi All,

This is fascinating reading and I'm so glad I've read this thread and hopefully it will be useful.

I was one of the 161,000 terminated by Egg last year (not in default), I recently requested a CCA from them (which is now late), but after reading this thread I thought about sending this letter:

 

Dear Sir/Madam,

Following a recent review of my finances, I noticed that I was still paying a monthly direct debit to Egg plc to an account that was ended, voluntarily by Egg plc, some 35 days after I received a letter, from Egg, dated 31st January 2008. Since Egg had not served me with a Default Notice under S87(1) of CCA 1974 I conclude that Egg chose to forfeit any liabilities by me to this agreement.

Having studied the CCA 1974 I can find no reference that validates section 20.2 of the agreement’s terms and conditions as the account was not in default.

I must therefore request that you refund my payments made to this account since March 2008 - £1207.54 in total. I must also insist that you cease providing information to credit reference agencies regarding this terminated account.

 

I look forward to hearing from you.

 

 

Yours faithfully

I'd appreciate any comments on the wording.

 

Thanks in advance

[lollipop73]

Send it and cancel the DD

[willeewonker]

Hi Folks , been reading for countless hours this entire thread . I have had similar problems which i'm seeking advice as to how to combat please have a peek at my thread if anyone can advise :

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196118-egg-bryan-carter.html

 

However the reason for the post is that there may be people out there with this EGG problem that should check their credit file immediately as like myself you may have had a DEFAULT NOTICE lodged with the CRA's and not even be aware it exists !!

[toymaker1]

Hi All,

This is fascinating reading and I'm so glad I've read this thread and hopefully it will be useful.

I was one of the 161,000 terminated by Egg last year (not in default), I recently requested a CCA from them (which is now late), but after reading this thread I thought about sending this letter:

 

Dear Sir/Madam,

Following a recent review of my finances, I noticed that I was still paying a monthly direct debit to Egg plc to an account that was ended, voluntarily by Egg plc, some 35 days after I received a letter, from Egg, dated 31st January 2008. Since Egg had not served me with a Default Notice under S87(1) of CCA 1974 I conclude that Egg chose to forfeit any liabilities by me to this agreement.

Having studied the CCA 1974 I can find no reference that validates section 20.2 of the agreement’s terms and conditions as the account was not in default.

I must therefore request that you refund my payments made to this account since March 2008 - £1207.54 in total. I must also insist that you cease providing information to credit reference agencies regarding this terminated account.

 

I look forward to hearing from you.

 

 

Yours faithfully

I'd appreciate any comments on the wording.

 

Thanks in advance

 

I agree with lollipop

[basa48]

That IS a damn good letter.

 

I send something similar but I've already challenged them to show which section (CCA197) permits termination without a default and stopped paying 'cos of the 'approved limit' etc.

[EGGHAUSTED]

Hi 2 All fellow EGG Lovers

They say PATIENCE IS A VIRTUE !!

This forum exudes confidence to us "minnions" who have stood up to

the BIG BAD EGG and I for one will hopefully be eternally grateful for it.

Having personally headed down this NON-PAYMENT route with

IMMENENT DEFAULT of my " ended " account on the horizon.

I have gathered from here that Egg are in NO HURRY to take anybody

to COURT over their NON-PAYMENT stance with regard to our

" ended " accounts, as an unfavourable decision on their part

will probably collapse their bank.

We all want Egg to force their " hand " which they obviously

are not to keen to do. In my opinion the part reason for this

is that the majority of the 160,ooo are STILL PAYING their DD,

either unaware of this stance, or personal uncertainty of the outcome.

A point I would like to raise is that every week on TV there is a

growing " minor Celebrity " called MARTIN LEWIS who CHAMPIONS the

" Common Mans " fight against BANK CHARGES and injustices.

Would a bombardment of requests from this forums good people to GMTV,

in the hope of raising the profile of our plight to a National audience,

bring the bouncing Mr Lewis to respond on TV.

Could you imagine the reaction if only HALF of the bereft 160,000

were to question their " ended " agreement with EGG !

[phatram]

This just arrived,

 

 

 

 

How can they change a terminated agreement?

[twodogs]

They're probably trying to reinstate your account, you'll receive a new card in the post shortly!

 

I logged into my account recently just to check how much I'd accidentally paid them since they ended our agreement and it seems my credit limit has increased!

 

You couldn't make it up.

[lollipop73]

Anyone hear bolting horses and barn doors slamming????

[phatram]

Todays offering,

 

[thekat1979]

They sold mine on instead of trying to collect it themselves - maybe because they know it is made up of at least 30% charges!

[lollipop73]

In a few weeks you'll get a "we understand, please ring to sort out with us nice caring people letter"

[BEC01]

I think it has been made clear elsewhere on here that most Egg agreements are unenforceable.

 

It seems that if you received the termination letter, that you agreement is without a doubt unenforceable. Well, I say seems, I actually now know this is the case: as do Egg.

 

Challenges should be made to Egg immediately.

Not saying to stop paying in the meantime, or any other action.

 

Just take them to court over enforceability of contract.

 

You will win.

 

There are plenty companies who will also do this on your behalf for a few hundred £. To some this may be worth it. They will win for you and mean that Egg cannot pursue the debt any further (note this is different from writing off the debt, but essentially the same thing).

 

Go for it!

[militantconsumer]

What has happened to your big class action, Eddie?

 

The one that we were going to read about in the media?

[BEC01]

What has happened to your big class action, Eddie?

 

The one that we were going to read about in the media?

I didn't say we were going to launch a class action.

We have a group who have stopepd paying and contested that there is no contract in place.

 

Egg have gone very quiet.

We have since found that the majority of Egg's CCAs are unenforceable, and furthermore that Egg know this (Citi did an analysis as part of their due diligence).

 

And yes, our media contact is documenting as we go along.

 

It does appear that the CCA route is the best route as opposed to the contact route. Not necessarily that there is no merit in the contract route. Rather that the CCA route is proven and easier.

 

Hope that answers your questions.

[militantconsumer]

I didn't say we were going to launch a class action.

We have a group who have stopepd paying and contested that there is no contract in place.

 

Egg have gone very quiet.

We have since found that the majority of Egg's CCAs are unenforceable, and furthermore that Egg know this (Citi did an analysis as part of their due diligence).

 

And yes, our media contact is documenting as we go along.

 

It does appear that the CCA route is the best route as opposed to the contact route. Not necessarily that there is no merit in the contract route. Rather that the CCA route is proven and easier.

 

Hope that answers your questions.

 

Thanks for that Eddie, that's very interesting.

 

Did the due diligence show that the loans were unenforceable as well?

[BEC01]

Thanks for that Eddie, that's very interesting.

 

Did the due diligence show that the loans were unenforceable as well?

 

Sorry militant, I don't know the answer to that.

I haven't seen concrete proof about the CCAs, but it is from a reliable source, and seems to be backed-up in the courts.

[phatram]

Todays offering from Egg,

[phatram]

Is there anything I should do about this?

[steven4064]

AS soon as you hear from the DCA, send them a request under s78 of the CCA 1974

[BlueSquirrel]

I got letters from the debt collector before they issued a default notice. Am I special?

[steven4064]

No, but Egg have actd unlawfully. They are not allowed by law to take collection action with out sending a DN and allowing you the chnace torectify the situation.

[HammyUK]

Does that apply to Crap1 too?

[lollipop73]

AT the same stage-although I did get a DN previously.

 

So just sit tight and wait for the DCA to get in touch then?

[phatram]

bump