Egg credit card agreement terminated

[basa48]

I do understand your predicament but I think you're over complicating it in your head (easy to do of course, it is all mind blowing at times!). If you simply change the wording at the beginning to say that the account is in dispute for the following reasons, then the rest is more or less ok I would say. Then, as DD says, you can play 'in dispute' ping pong for the next 6 years until it becomes statute barred. Whenever they write you can reply saying - please find enclosed by letter of XX to which you have failed to respond adequately to and if they sell the debt on then its a case of, 'bemused as the account is clearly in dispute' enclosing copies of any previous correspondence confirming that it is indeed in dispute. From what I've read on the forum, EGG are not over disposed to seeking legal action and if they do you will have everything to support your defense. You can of course continue to make token payments to them whlst all this is going on, but the debt will not become SB'd if you do. To some extent that depends on 1) your personal circumstances regarding ablity to pay, however long it takes and 2) your personal view on the matter ethically.

 

Hmm...it was always my understanding we were disputing the validity of the agreement, (not the account) and thus not acknowleging we owe the debt.

 

As LJs Chadwick & Rix said: "(the creditor must be) taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid."

[ZOXOZOXO]

Good evening to you all.

Over the past few days, I have read all the quotes and replys and my head is now spinning.

I am one of the 161,000 who had their Credit Cards terminated, however payments are up to date, although I will be dead before the balance, if ever, is paid off.

So, as I understand it, my first task is to request a copy of the Original CCA.

If this is correct, can someone supply the first template for me to use.

I had considered using The Claims Warehouse, but I now understand that they are a waste of space.

To get results one must do this yourself.

[basa48]

Good evening to you all.

Over the past few days, I have read all the quotes and replys and my head is now spinning.

I am one of the 161,000 who had their Credit Cards terminated, however payments are up to date, although I will be dead before the balance, if ever, is paid off.

So, as I understand it, my first task is to request a copy of the Original CCA.

If this is correct, can someone supply the first template for me to use.

I had considered using The Claims Warehouse, but I now understand that they are a waste of space.

To get results one must do this yourself.

 

First off there are two separate and distinct issues with the Egg Card.

 

The first is its enforceablity under the Consumer Credit Act section 61 in that the prescribed terms as they are called are either missing or incorrectly stated.

 

The second is the issue of the "We are ending your agreement" letter issued by Egg from early 2008. Depending on your point of view this contravenes CCA 1974 unfair terms or possibly is a breach of contract.

 

There are long threads discussing both these issues, but the favoured for ease and case law is the first issue.

 

To obtain a copy via the CCA 1974 s.78 use the following template letter, modified to suit if you wish.

 

Account No: xxxx xxxx xxxx xxxx

 

Dear Sirs

 

I am trying to re-establish my financial portfolio in order get my finances in order.

 

To that end I understand that under section 78(1) of the Consumer Credit Act 1974, I can request a copy of any credit agreement I may have entered into when this account was started.

 

I enclose the statutory fee of £1.00 (which should not be used for any other purpose) and understand you should respond within 12 days of receipt of this letter.

 

If this enquiry is to the wrong person can you please forward it to the correct person. In the meantime I look forward to your reply.

[diddydicky]

Good evening to you all.

Over the past few days, I have read all the quotes and replys and my head is now spinning.

I am one of the 161,000 who had their Credit Cards terminated, however payments are up to date, although I will be dead before the balance, if ever, is paid off.

So, as I understand it, my first task is to request a copy of the Original CCA.

If this is correct, can someone supply the first template for me to use.

I had considered using The Claims Warehouse, but I now understand that they are a waste of space.

To get results one must do this yourself.

 

look for the letter templates at the start of the debt section and you ll find it

 

also you should read the intro (which will also guide you to it)

[brokebutnotbeatn]

Hi Toymaker 1 and Diddydicky - question. I never got around to finalising my letter, but I'm still not sure on the strength of my 'case'. If the account was terminated in a way that contravenes the CCA 1974 - as it appears it was - surely them applying the 26.something interest to the account and the payments they have subsequently accepted mean they owe me the money back? I want to say as a gesture of good that I will continue to pay what I owed a the point of termination, but demand these payments back or taken from the balance. What are your opinions with regards the strength of this? I have a suspicion that they will try legal action with me as they are receiving payments from my appointed 3rd party but not acknowledging them or off-setting them against the monies owing. I know I will have to go down SARs and CCA, but...? I don't want to start an action that is doomed to failure from the outset. I know you're not able to offer legal advice etc etc but I would really value your honest opinion in relation to the approach I've suggested? Pi**ing in the wind, or worth a shot???? IYHO? Thanks!

[diddydicky]

Definately pre 2004. I read 8% as an interest rate used so that's what I'll use too? Basically I'll have to CCA and SAR as a next step once sent, Post the mess of a divorce last year I have NONE of the paperwork (including the temination letter sent in January and posted up here) so it'll be a long haul. But I'm sick of these jokers "threatening" me so fancy turning the tables. I know they'll ignore it but it'll make me feel better and once I have the results of the CCA and SAR then I will seek legal advice. Figure I've gotta give it a go. And re having a house to loose - I'm in negative equity to the tune of £30-£40k and the mortgage company have refused me permission to sell...(anyone know if this is a breach of human rights? I've offered to pay the shortfall back over 7 years) so I sort of have nothing to loose. Already in a payment plan for £60k...!!!

 

don't know about abuse of human rights but id be interested to know by what legal basis they can prevent you selling your home!

 

If they have given you that in writing it would be very useful if you then handed the keys back and walked away at a later date

[brokebutnotbeatn]

Well, I expect to get it in writing as the mortgage company are doing an independent valuation (at my expense!) and then will no doubt write to refuse me permission! The have admitted they don't know what to do so will be interesting!

[brokebutnotbeatn]

Hi DD - not what this forum is about I know, but just found the following: "If your lender refuses to let you sell the house it is possible to apply to the county court for an order for sale under the Trusts of Land & Appointment of Trustees Act 1996. The court can order a sale on whatever terms it thinks are reasonable, even if your lender objects.

In the Halifax v Barrett case the court let the borrowers sell their house for the “best possible price” even though the Halifax refused permission for the sale. The borrowers were also allowed to take the sale costs out of the sale proceeds before the money went to the lender...

[diddydicky]

Hi DD - not what this forum is about I know, but just found the following: "If your lender refuses to let you sell the house it is possible to apply to the county court for an order for sale under the Trusts of Land & Appointment of Trustees Act 1996. The court can order a sale on whatever terms it thinks are reasonable, even if your lender objects.

In the Halifax v Barrett case the court let the borrowers sell their house for the “best possible price” even though the Halifax refused permission for the sale. The borrowers were also allowed to take the sale costs out of the sale proceeds before the money went to the lender...

 

ive had a dozen mortgages, i was a mortgage broker at one time and i have NEVER heard of a mortagagor being able tp prevent the mortgagee from selling his house

 

have you got some specialised mortgage

 

if house prices keep going down and you have lost buyers at a good price they would be in deep doo doo if it was later sold at far less than you could have got!

[Liz Southern]

ive had a dozen mortgages, i was a mortgage broker at one time and i have NEVER heard of a mortagagor being able tp prevent the mortgagee from selling his house

 

have you got some specialised mortgage

 

if house prices keep going down and you have lost buyers at a good price they would be in deep doo doo if it was later sold at far less than you could have got!

 

Hi Diddydicky

 

I've only seen the end of this thread. How about writing to the building society to ask them if they securitised the mortgage? To annoy them if nothing else.

 

Regards

Liz

[brokebutnotbeatn]

Well, I don't have a specialised mortgage...but they've told me they won't give me permission to sell. So the battle starts....I will let you know as it progresses out f interest if nothing else! They've also denied me the option of taking my ex husband off the deeds. The mortgage was granted on my salary alone and him earning nothing...and we were divorced a year ago. But they've said the only way to get him off is for me to reapply for the mortgage and they will turn me down as over 100% LTV!!!!!! Talk about catch 22. Mind you, they have said they've never encountered my circumstances before and don't know exactly what to do!

Edited July 21, 2009 by brokebutnotbeatn

[KingNev]

I've gone down the "illegal termination" of account route with Egg. I'm now at the point where the have sent the default notice. Does the default notice required a response? if so what response it recommended?

Many Thanks

[toymaker1]

I've gone down the "illegal termination" of account route with Egg. I'm now at the point where the have sent the default notice. Does the default notice required a response? if so what response it recommended?

Many Thanks

 

As I understand your situation, the best thing is just to file the default notice from Egg and dont respond to it. Eventually you will probably be contacted by a DCA acting on behalf of Egg. That is when you make the next move. Post on this site when you get a letter from DCA, and let us know what they say. Dont panic, take things one at a time, and never deal with them over the phone.

 

Regards

[diddydicky]

I've gone down the "illegal termination" of account route with Egg. I'm now at the point where the have sent the default notice. Does the default notice required a response? if so what response it recommended?

Many Thanks

 

can u post it up first (minus personal details)

[brokebutnotbeatn]

Hi, apologies to reapeat what I've put on another thread. Egg have defaulted me on a loan and CC after recording one month of missed payments. They do not acknowledge my debt management plan, run by an appointed 3rd party (all other creditors have) and have not recorded any of the 6 payments (3 to each) so far received. The money is being accepted but going into a black hole. My 3rd party is looking into it. Does the DN mean that the accounts will be sold on to a DCA and anyone know what happens with the monies paid, received by Egg but not recorded against the accounts?????

[diddydicky]

Hi, apologies to reapeat what I've put on another thread. Egg have defaulted me on a loan and CC after recording one month of missed payments. They do not acknowledge my debt management plan, run by an appointed 3rd party (all other creditors have) and have not recorded any of the 6 payments (3 to each) so far received. The money is being accepted but going into a black hole. My 3rd party is looking into it. Does the DN mean that the accounts will be sold on to a DCA and anyone know what happens with the monies paid, received by Egg but not recorded against the accounts?????

 

have they sent you a default notice or a notice of default?

[brokebutnotbeatn]

They have entered a DN on my credit report. I do not recall an actual DN as I sent all documentation off to my 3rd party (I know, but was highly stressed at the time). I do recall something with a lot of huge red letters and boxes! If they have DN'd me then I doubt it was done correctly but I guess I'm just trying a) to understand what happens next and b) where the money is going!

[KingNev]

As I understand your situation, the best thing is just to file the default notice from Egg and dont respond to it. Eventually you will probably be contacted by a DCA acting on behalf of Egg. That is when you make the next move. Post on this site when you get a letter from DCA, and let us know what they say. Dont panic, take things one at a time, and never deal with them over the phone.

 

Regards

 

Thanks Toymaker1 I've read all the posts and thought that would be the case. I expect the next steps would be the dca's, and i'v got most of the responsed lined up for them, thanks to the previous posts on the thread. Thought it best to check just in case

BTW you more experienced guys are the absolute best!! I take my hat off to you (if I had one that is)

[KingNev]

can u post it up first (minus personal details)

 

Will do whenever I can get to a urrgh damn scanner!! I've had a look at the other ones earlier in the thread and think it the same/similar to those! Dont expect Egg would treat me in a special way:D

[diddydicky]

Will do whenever I can get to a urrgh damn scanner!! I've had a look at the other ones earlier in the thread and think it the same/similar to those! Dont expect Egg would treat me in a special way:D

 

about 10 quid on e bay or less (but dont use your egg credit card (smirk)

[ZOXOZOXO]

First off there are two separate and distinct issues with the Egg Card.

 

The first is its enforceablity under the Consumer Credit Act section 61 in that the prescribed terms as they are called are either missing or incorrectly stated.

 

The second is the issue of the "We are ending your agreement" letter issued by Egg from early 2008. Depending on your point of view this contravenes CCA 1974 unfair terms or possibly is a breach of contract.

 

There are long threads discussing both these issues, but the favoured for ease and case law is the first issue.

 

To obtain a copy via the CCA 1974 s.78 use the following template letter, modified to suit if you wish.

Thank you for your advice.

I have mailed the following letter, and let battle commence.

Account No: **** **** **** ****

 

 

Dear Sirs

 

 

Under section 78(1) of the Consumer Credit Act 1974, I am requesting a copy of the original Credit Card Agreement, relating to the above account.

Since this is the registered address of the account, I understand no other proof of identification is required.

I enclose the statutory fee of £1.00 (which should not be used for any other purpose) and understand that you should respond within 12 days of receipt of this letter.

 

If this is the incorrect address for this request, please forward it on my behalf.

In the meantime I look forward to your early reply.

[blackntan]

Hi

 

Has anyone suceeded in getting Egg to back down over an agreement terminated before default?

 

I would be interested in hearing from anyone who is a little further along the process than I am.

 

My account was terminated, defaulted and then terminated again.

 

I have SARs Egg and they been unable to provide me with a copy of the "your account has been terminated " letter.

[basa48]

Hi

 

I have SARs Egg and they been unable to provide me with a copy of the "your account has been terminated " letter.

 

They never do.

 

I wonder why. Funny that????

[toymaker1]

Hi

 

Has anyone suceeded in getting Egg to back down over an agreement terminated before default?

 

I would be interested in hearing from anyone who is a little further along the process than I am.

 

My account was terminated, defaulted and then terminated again.

 

I have SARs Egg and they been unable to provide me with a copy of the "your account has been terminated " letter.

 

In my opinion, you will never get Egg to "back down" in these situations. The most you can expect is that Egg will eventually stop pursuing you.

 

I have not heard anything from Egg or Egg's DCA since January 2009. When they defaulted me I stopped my £300 DD. I have no intention of starting it again.

[ajs444]

Subbing