Egg Credit Card Agreement

[barns66]

Hi,received this letter back this morning regarding my request for clarification about the 2 pages they sent me.

http://i169.photobucket.com/albums/u230/barns66/lastscan.jpg

barns66

Edited June 9, 2008 by barns66
link now working

[steven4064]

I would like to refer you back to post #10 - the agreement they sent (if the two pages are copies of the front and back of the same physical piece of paper) is enforceable in court and IMO complies with their obligations under the CCA 1974. It has the prescribed terms (prescribed in schedule 6 of the Consumer Credit (Agreements) Regulations 1983) and you signature in the same document. What they said in their letter in post #26 is true.

[MAGDA]

Hi barns, How did you get on with your egg agreement in the end. I have discovered today that the old Egg agreements, such as yours and mine state that a limit (or words to that effect) will be determined from time to time. Pt has said that in fact, and several leading barristers have confirmed this, that the actual words "credit limit" must be used in order for it to qualify as a prescribed terms. So this may be something you can use to get your agreement declared unenforceable. Magda

[barns66]

Hi barns, How did you get on with your egg agreement in the end. I have discovered today that the old Egg agreements, such as yours and mine state that a limit (or words to that effect) will be determined from time to time. Pt has said that in fact, and several leading barristers have confirmed this, that the actual words "credit limit" must be used in order for it to qualify as a prescribed terms. So this may be something you can use to get your agreement declared unenforceable. Magda

 

Hi Magda

I have been paying the dca an amount each month but they now are wanting more,i will have a look at what you have pointed out and ask around for info on this.

 

barns66

[pt2537]

The agreement you have there does not comply with Schedule 6 para 3 of SI 1983/1553

 

A term stating the credit limit or the manner in which it will be determined or that there is no credit limit

Now the CCA 1974 sets out what "Credit" is at section 9

Meaning of credit.9. — (1)

 

In this Act “credit ” includes a cash loan, and any other form of financial accommodation.

Now the act defines credit, the prescribed term required refers to Credit so it stands to reason that in this case the word Limit does not suffice

 

this is the opinion given by a barrister who was senior counsel in Wilson and Hurstanger

[postggj]

just subbing

go for it

[barns66]

Hi pt

Thanks for the info,will contact dca and egg regarding this later/

 

barns66

[barns66]

Hi

Just a 2 quick questions,who would i send the letter to egg or the dca and is there a letter any where on the site i could copy and adapt.

 

barns66

[archey]

hello just want to ask hou can you take defaults off your credit history report to do with barcleys bank somebody please HELP PLEASE......

[MAGDA]

Hi

Just a 2 quick questions,who would i send the letter to egg or the dca and is there a letter any where on the site i could copy and adapt.

 

barns66

 

Hi, I would send it to the DCA, as they are handling the account at the moment and they will refer back to Egg anyway. The letter I've drafted below might be of some use and you can adapt it if you want. Good luck, Magda

 

Further to your letter dated........ To reiterate, the documents provided in response to my CCA request were a follows: a two page document – the signature document being the second page and not containing any of the prescribed terms. The terms and conditions relevant to the account were not provided.

 

I would also draw your attention to the prescribed terms contained within the document sent to me. The first page (unsigned) states “we will tell you from time to time the approved limit we have set and if different the individual limit you have chosen for the account.” This does not conform to the requirement of the Consumer Credit Act, as although the limit may be advised from “time to time,” the wording must be: “credit Limit” and not merely approved limit or such like.The words Credit limit MUST be used, no other word is permissible. The use of the term “Credit Limit” is essential in order for the agreement to be in the prescribed form and to contain all of the prescribed terms.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselvesHowever, as you must realise this “agreement” does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

You entered into default of my request some time ago. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else.Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such dataI shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement."

 

Yours faithfully

Edited November 25, 2008 by MAGDA

[MAGDA]

hello just want to ask hou can you take defaults off your credit history report to do with barcleys bank somebody please HELP PLEASE......

 

Hi Archey, probably be better if you start your own thread where you can go into a bit more detail, and that way I'm sure you will get some help, Magda

[barns66]

Hi, I would send it to the DCA, as they are handling the account at the moment and they will refer back to Egg anyway. The letter I've drafted below might be of some use and you can adapt it if you want. Good luck, Magda

 

Further to your letter dated........ To reiterate, the documents provided in response to my CCA request were a follows: a two page document – the signature document being the second page and not containing any of the prescribed terms. The terms and conditions relevant to the account were not provided.

 

I would also draw your attention to the prescribed terms contained within the document sent to me. The first page (unsigned) states “we will tell you from time to time the approved limit we have set and if different the individual limit you have chosen for the account.” This does not conform to the requirement of the Consumer Credit Act, as although the limit may be advised from “time to time,” the wording must be: “credit Limit” and not merely approved limit or such like.The words Credit limit MUST be used, no other word is permissible. The use of the term “Credit Limit” is essential in order for the agreement to be in the prescribed form and to contain all of the prescribed terms.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselvesHowever, as you must realise this “agreement” does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

You entered into default of my request some time ago. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else.Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such dataI shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement."

 

Yours faithfully[/quote

 

Hi Magda

Thanks for the letter and i will use it when i get in touch with the cca,if thats ok with you.

 

barns66

[MAGDA]

yes, of course, that's fine. Hope you are lucky!! Magda

[proudtobegerman]

Hello. I'm hoping someone can help. Not sure if I'm posting on the right page either, however, its about EGG and I need some help.

 

I have followed, like many people, the route as above, however, have received the following letter from EGG.

 

They state that LIMIT is referred to in Condition 3 of the Agreement which states, 'we will tell you from time to time the Approved Limit we have set and if different the Individual limit which you have chosen for the Account'

 

They also refer to parts of the agreement for my challenge on the APR and default charges !

 

Can anyone help from here ?!? Letters I should write, action I should take ?!?!

[proudtobegerman]

bump