Egg credit card agreement terminated

[phatram]

Secure message sent,

 

Would you be so kind as to send me a copy of the Termination notice for my Egg card and also would you please send me a copy of the credit agreement for the account.

I understand that under the Consumer Credit Act 1974 (Sections 77−79) I am entitled to receive a copy of the credit agreement on request. I authorise you to take the £1 fee from our savings account which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Mrs P:)

[phatram]

Perhaps someone could do a template letter?

[phatram]

Secure message sent,

 

Would you be so kind as to send me a copy of the Termination notice for my Egg card and also would you please send me a copy of the credit agreement for the account.

I understand that under the Consumer Credit Act 1974 (Sections 77−79) I am entitled to receive a copy of the credit agreement on request. I authorise you to take the £1 fee from our savings account which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Mrs P:)

 

 

EGGS reply,

 

Dear MRS P

The balance on your Egg Card account as on 30 January 2009 is showing as £XXXXX

 

I'll be checking the quickest way to get this posted out to you with my manager and may get it posted out Recorded Delivery to ensure that you sign for it too.

 

Thanks for your message.

 

Regards

 

XXXXX XXXX

Internet Customer Services

 

NOT WHAT I ASKED FOR !

Mrs P:mad:

[phatram]

Hi,

May I repeat,

Would you be so kind as to send me a copy of the Termination notice for my Egg card(thats the one you sent me to terminate my card account) and also would you please send me a copy of the credit agreement for the account.

I understand that under the Consumer Credit Act 1974 (Sections 77−79) I am entitled to receive a copy of the credit agreement on request. I authorise you to take the £1 fee from our savings account which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

 

Mrs P

[phatram]

Good luck:)

[phatram]

Hi,

May I repeat,

Would you be so kind as to send me a copy of the Termination notice for my Egg card(thats the one you sent me to terminate my card account) and also would you please send me a copy of the credit agreement for the account.

I understand that under the Consumer Credit Act 1974 (Sections 77−79) I am entitled to receive a copy of the credit agreement on request. I authorise you to take the £1 fee from our savings account which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

 

Mrs P

 

EGGS reply,

 

Unfortunately, I'm unable to arrange for the notification for the termination of your Egg Card account to be reissued.

 

However, the information provided in the letter would have been as follows:

 

'Following our acquisition by Citi, we've undertaken an extensive review of the risk profile of all of our card customers at Egg. As part of this review we've considered your account history and card usage activity together with a check on your overall situation with credit reference agencies.

 

Following this review we've decided to end your Credit agreement with us. I'm sorry if this has caused you disappointment.

Your credit rating won't be negatively affected providing you continue to maintain your minimum contractual payents.'

 

Thanks for your message.

 

Regards

[phatram]

No, not really bothered. I was just testing them to see what their answer was.

[phatram]

From Egg,

 

Your Egg Card balance is currently overdue and we require an immediate payment of GBP XXX

 

What to do next

 

Select the 'Move money' tab and choose the 'Make a one-off payment' option, and then follow the on-screen instructions.

 

If you`re having trouble finding the money to make your payment, you can talk to us about alternative options or help with getting on top of your finances on 08456 000 296 (8am - 9pm Monday to Friday and Saturday 8am -7pm).

 

If you`ve already spoken to us or you`ve put your account in order, please ignore this communication

 

 

Should I write back and tell them I dont have an agreement with them?

[phatram]

Re: Termination by Egg of Egg account No. xxxxxxxxxxxxxxxx

 

Thank you for your message dated 2/02/09

 

In order that I can give proper consideration to the points raised by you in your message I would be grateful if you would indicate to me which specific part of the Consumer Credit Act 1974 is considered by Egg to provide Egg with legal entitlement to terminate my Egg agreement with effect from January 2008.

 

Also, until you provide clarification , I consider the agreement to be in dispute, and I do not accept any increase to the alleged debt caused by interest which accrues from the date of your letter to me purportedly "ending" the agreement outside the provisions of CCA 1974.

 

I do not believe you cannot send me a copy of the temination notice as the law states you must keep this data for at least 6 years.

I would also remind you that processing of data to third parties would be in the least unlawful.

 

May I also state from todays date ALL correspondence between us MUST be in writing.

Yours sincerely

[phatram]

Copy of agreement arrived but no copy of termination notice.

[phatram]

Secure message from EGG,

Dear Mrs P

 

Please call our Collections Team on 08456 000 296 as they are currently dealing with your account. I'm afraid this issue can't be dealt with via secure message.

 

They're open Monday to Friday 8am until 9pm and Saturday/Sunday 9am until 6pm.

 

If you've already spoken to our Collections Team, then please disregard this message.

 

You may want to make sure we've got up to date contact details for you. To do this, please follow the instructions below:

 

* Go to the 'Personal details' tab at the top of this page.

* Select the relevant option for the details you'd like to change.

 

If your details are up to date it will help us to contact you in the future.

 

Thanks for your message.

 

Regards

 

Internet Customer Services

 

Sure I said all correspondence must be in writing? Why on earth are they asking for me to ring them? Idiots !

I have also just received an arrears letter.

I have sent the following secure message,

Hi,

As stated in previous message, ALL CORRESPONDENCE MUST BE IN WRITNG AS THIS ACCOUNT IS NOW IN DISPUTE.

Regards

Mrs P

 

EGG's reply,

As xxxxx stated you'll need to ring us I'm afraid.

 

As the account has fallen into arrears, I'm unable to deal with it for you. It's been passed over to our Collections Team. They don't have the facility to send secure messages.

 

To ensure you receive a swift answer to your query about your account, please call our Collections Team on 0845 7000 775.

 

They're open Monday to Friday 8am until 5.30pm.

 

If you've already spoken to our Collections Team, then please disregard this message.

 

Thanks for your message.

 

Regards.

 

I would like to add the account has only "fallen into arrears" because I have put this into dispute and not for any other reason. I like to think of it as getting my own back!

Edited February 11, 2009 by phatram
To add something

[phatram]

Hi, May I suggest you ask the collections team to contact me in writing? Any phone calls will be logged and may be recorded and I will report Egg to the relevant authorities if I receive phone calls after I have stated I will not discuss this on the phone.

Regards

Mrs P.

 

Hi cosalt,

have you posted a copy of the letter you sent to smegg? If not,will you please?

[phatram]

EGG just rang and I gave them permission to speak to Mr P who informed them the account is in dispute , which they denied. He was then told that "normal collections can take place even if an account is in dispute". He questioned this and was told " I need to speak to my manager, is it ok to ring back?" He said anything they had to say had to be in writing and they hung up .

I wonder why?

Five minutes later they rang again and they wouldn't talk to Mr P as, the account is in dispute they can speak only to the account holder, Mrs P.

Their next statement was there is nothing to say its in dispute.

Now then guys and gals, is it or is it not in dispute?:D

They also did not answer when asked why they hadn't sent a copy of the termination notice, only to ask, "why do you want a copy?"

Then got all the default, credit rating crap and they hung up.

[phatram]

EGG just rang and they refuse to put anything in writing. I was told if I don't bring the account back into line the agreement will be ,wait for it,TERMINATED??!! and a default applied and the account passed to a DCA

I questioned this and was told it has a restriction at the moment. I was also asked why I wanted a copy of the Termination notice, I of course asked for all this to be put in writing and I will answer them and terminated the call.

So is it a terminated account or a restricted account?

 

Secure message just arrived,

 

Dear Mrs P

 

I'm glad to see that you're in receipt of a copy of your original Egg Card Credit agreement that I posted to you.

 

Your Egg Card account has a delinquent status on it and our Collections Team can't write to you to sort this matter out.

 

The calls are recorded so that we can have a permanent record of these, this practice isn't illegal as it's carried out by all financial institutions. I can assure you that anyone in a financially qualified position to do so will agree with this.

 

With regard to your query about terminating your account agreement, please refer to section 18 of the Egg Card Credit agreement entitled: '18. Limiting use of the Account', we do have the power to do this, under the terms and conditions of the card that you've agreed to.

 

I thank you for your message and urge you to call our Collections Team on 0845 6000 296 for a speedier resolve to the matter.

 

Regards

Edited February 12, 2009 by phatram

[phatram]

Dear xxxxxx,

May I remind you that Section 18 of the Egg Card agreement is specifically and solely concerned with limiting use of the account, not with terminating the account, If you can prove otherwise I require you to do so in writing.

Regards

Mrs P

[phatram]

My agreement was terminated under condition 20.2, which I have yet to read as the terms they sent me (as a result of a cca request ) only goes up to 18.3

 

:D:D

They keep asking why I want a copy of said agreement, I think they know we are onto 'em!

I may well SAR them again and then we will have some fun.

[phatram]

SAR time.

 

 

 

 

 

Dear Sir/Madam

 

ACCOUNT NUMBER:

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

I also require a copy of the Termination Notice sent to me over a year ago notifying me you were closing the account

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

[I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.I would be happy to collect the Data from my local branch

Yours faithfully,

 

Have people had different Termination Notices? If so could a few be posted please?

Edited February 13, 2009 by phatram

[phatram]

From EGG,

 

I'm sorry to see that you've since, not spoken to our Collections Team.

 

In regard to your message about limiting the use of your account, I'd like to refer you to the following point in the terms under section 18:

 

'We may, without warning and without ending this Agreement:

 

* refuse to authorise a Transaction;

** cancel or suspend the right to use the Account;

*** refuse to replace a Card....'

 

By ending your credit agreement we have effectively carried out the second point shown here identifiable by the ** sign, if not all of the points raised.

 

Thanks for your message and I again, urge you to call our Collections Team on 0845 6000 296 so we can come to a resolve on the matter.

 

Regards

[phatram]

I notice that Egg refers to "your message". Does that mean you are communicating with them by email?

I suggest that you only communicate with them by letter, posted special or recorded delivery. Also, tell them (in writing!) that you wish all communications to be in writing, in order that both parties to the dispute will have a clear record of all communications, in the event that the matter is brought before a court.

 

It is difficult to provide an answer to the message you have received from Egg, because the message is so unintelligable. It is hard to write something that Egg will understand.

 

 

One could perhaps say,

 

Thank you for your letter of xxxx date.

 

I note your correct observation that section 18 sets out the methods which Egg may employ to limit my use of my account, and also sets out the circumstances in which will those methods may be used.

 

I also note your correct observation that limiting use of the account under section 18 does not mean that the agreement has ended, but simply means that my use of the account will be limited.

 

I am therefore very puzzled at your apparent indication that Egg has limited my use of the account by ending my Egg agreement. This is clearly inconsistent with the provisions of section 18, where it is expressly stated that use of the account may be limited "without ending the Agreement". I regret the need to point out to you that is is also illogical. That is to say, if my Agreement is ended, or terminated, I cannot at the same time have my use of it limited.

 

It is clear therefore that the ending, or termination, of my Egg agreement has been done under a term of the agreement other than section 18, which, as you have correctly indicated, does not involve the ending of the agreement.

 

I would be grateful if Egg would indicate to me which section of the terms and conditions Egg has used to terminated my agreement, and also under which part of the Consumer Credit Act 1974 that term falls , and also which part of the Consumer Credit Act 1974 provides Egg with the legal authorisation to terminate my agreement without complying with the provisions of Sections 86, 87 and 88 of the Act.

 

Yours sincerely

xxxxxxxxxxxxxx

 

 

Regards

Peter

 

It's secure message not email Peter. I am printing all of them off to keep as evidence.

[phatram]

I have and they've provided nothing as they are unable to reissue one.

[phatram]

Phone, secure message and S.A.R. Hat trick !

[phatram]

Sure we've got it somewhere in the massive pile of bank junk mail etc

[phatram]

Not yet Eddie. They do have 3 more weeks to comply. I did put the termination notice bit in the SAR, so its wait and see time.

[phatram]

I'll be most interested in you results!

 

So will I:D

Its my wifes account , but I just love doing this stuff !

I will, of course, post anything they send to be used in our fight against these bankers.

[phatram]

"We can't deal with this by secure message"

So why do they keep sending them out ?

 

Dear Mrs P,

 

You may have recently seen information from us about this message.

 

Despite numerous communications, your account still remains in arrears. You need to call us immediately on the contact number below to make suitable arrangements to bring your account up to date.

 

Failure to clear these arrears within the next few days will result in further collections activity being taken against you; this could involve the sending of a Statutory Default Notice, and information about how you manage your account is shared with Credit Reference Agencies and may affect your ability to get credit in the future, as this information is held for six years.

 

To prevent further collections activity call now on 08456 000 296.

 

If you have made a payment to clear your arrears in the last seven days, please ignore this message. Your payment will update your account shortly.

 

I'm really ashamed to have these cowboys in Derby!