Egg Credit Card Agreement

[barns66]

Hi

I sent the cca form to egg and received the 2 pages attached from them.they did not send me any seperate t.a.c that where in force when i took the card out.I wonder if there is anything wrong with what they have sent and if there is what i should do about it.I sent for the agreement after they sent me letters saying i had to pay a dca after i missed 3 payments in 9 months due to un-forseen problems and getting no help from them.

I apologise if i have put this in the wrong place.

 

barn66

[Mr lex]

Hi Barns,

 

At first glance this would appear to be incomplete, unfortunately I can not enlarge the images to make out any details. Perhaps you could repost them at a larger scale, making sure you remove your personal details

Then the DCA folks can give you more help !!

 

Lex

[barns66]

Hi Lex

Thanks for your reply,would i have found out how to post the enlargements.

 

barns66

[Mr lex]

Hi Barns,

 

If you go to your scanned images, you should be able to copy and paste into your next post. Remember to delete your personal details before you post, you never know who's watching

 

Lex

[barns66]

Hi Lex

Thanks for your help hope these are larger.

 

barns66

.

 

 

 

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

http://i169.photobucket.com/albums/u230/barns66/e2.jpg

[Mr lex]

Hi Barns,

 

Please go to your photobucket and remove some more of your own details.

 

This is for your own safety

 

Did you sign the agreement ? Is this all they sent you?

 

Lex

[barns66]

Hi Lex

Thanks for pointing out i had left some details on,i did sign the agreement and the 2 sheets shown is all they sent.

 

barns66

[Mr lex]

Thanks for that Barns,

 

I'm calling some more troops !!!

 

Lex

[barns66]

Hi

Thanks for the help i received from Lex,but i am still not sure if they send me everything they should have.

 

barns66

[steven4064]

Hi barns (and Lex)

 

The agreement above has all te prescribed terms on the first page with the name and address and signatures on the second. Provided these 2 pages are different sides of the same original then the agreement is enforceable.

[barns66]

Hi Steven

Thanks for your reply,i just thought they might something else i should have had,but now i know thats not the case.Thank you.

 

barns66

[MAGDA]

Hi Barns66, I have received exactly the same egg agreement, but what evidence is there that the two pages were part of the same document, as there doesn't seem to be anything to link them? Mine is being handled by Moorcroft and they are the most ignorant, unpleasant bunch of people you could ever have the misfortune to deal with IMO.

[barns66]

I agree Magda,i can't see any evidence either that both are linked and i thought they should have supplied something else, like the terms and conditions at the time the card was taken out but i must be mistaken.

 

barns66

[RubyRose]

I have exactly the same thing -no t&c. How do you intend handling it.

Ruby

[MAGDA]

I am going to write to Moorcroft (egg) to dispute the 'agreement' as there is nothing to link the pages and also no T&C's provided or statement of account. Will let you know how I get on, Magda

[barns66]

Magda + Ruby,mine is being handled by Collect Direct (UK).I sent them a letter asking them to clarify that the 2 pages where part of the same document and that they contained no t&c,i have not heard back from about this but got a letter this morning saying they are considering sending a personal representative to my home,they will be getting the letter about trespass on Monday,plus another letter for them to provide me with what i asked for,if anybody as any suggestions what i should include in the letter i would be grateful.

 

barns66

[MAGDA]

XXXXXXXXX 2008

 

Dear Sir,

We refer to your recent letter dated 16th April 2008.

 

You will see from your files that the above mentioned account is "in dispute" as you have failed to reply to the s.77/s.78 Consumer Credit Act 1974 request of XXXXXX.

The ‘agreement’ provided does not appear to be linked in any way, i.e., pages one and two (the signature document) show no apparent connection. Under SI 1983/1553 the prescribed terms MUST be within the signature document to be valid, having them on a separate sheet headed T&C or similar ISN'T acceptable. This applies to all agreements pre May 2005.

As this account is in dispute and you were aware of this and are continuing to contact us, we now feel that you are in breach of your obligations under:

The Office of Fair Trading’s Collection Guidelines:

For "failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in the "debtor" being wrongly pursued"

The Banking Code –;

For "not ceasing collection activity /contact with the "debtor" whilst investigating a reasonably queried or disputed debt."

Your Consumer Credit License

 

You have failed to produce a properly executed credit agreement for the above numbered account, and as such dispute the entire balance of the alleged debt which is unenforceable. As there is no agreement between us, you also do not have permission to continue to contact us regarding this account, either by post or by personal contact. We also deem any further collection activity, of any nature that involves contacting us in relation to this account, an act of personal harassment, for the reasons outlined in this letter.

Please ensure that your system is updated to reflect this, as we will bring any future collection activity/contact to the attention of the appropriate Body, to whom we will make a formal statement regarding your conduct, given we have already warned you that your behaviour causes us to feel harassed.

 

We are of the view that your continued harassment/contact puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

Be advised that any further correspondence from your company will be used as evidence in any future formal complaint.

 

If you wish to resolve our complaint, you must supply the documentation previously requested to substantiate your claims against me under the alleged agreement. Failure to do so will result in my ignoring any further letters from you and the actions outlined herein being taken in complaint against you. We shall not correspond further with you regarding this issue unless you can fully substantiate your claim as outlined, and on receipt of a valid agreement, we shall of course be happy to resume payment to your company.

We have obtained a certificate of postage for this letter as proof of postage. We have also enclosed, for your information a copy of my original letter in which a request for a true copy of the agreement was made.

 

Yours faithfully

 

something along these lines might do the trick, bu tyou can adapt to suit, Magda

 

[barns66]

Thank you very much Magda,i will get a letter posted to them using this if thats o.k with you,adapting to suit.

 

barns66

[MAGDA]

No problem, hope it does the trick! Magda

[barns66]

No problem, hope it does the trick! Magda

 

Thank you very much Magda,will let you know what happens.

 

barns66

[RubyRose]

Barns Make sure you emphasize the harassment part and highlighted and also make sure that they are aware that if they appear on your property you will not hesitate to call the police.

 

Ruby

[stoic2008]

Hello

 

Sorry if I am jumping in here, but I received a response to an Egg CCA with the same two pages of an apparent agreement.

 

On looking at it in more detail it does not seem complete.

 

In condition 4.4 on the first page it refers to condition 12. Well, the page finishes on condition 5.1.

 

So, I think this might mean that:

 

1. The conditions continued overleaf on the original document.

2. The original could have been a 4 page document and the two pages that they have provided are pages 1 and 4 (i.e the same side of a folded document).

3. They onlys scanned pages 1 and 4.

 

This is just speculation, but why have they not sent the rest of the conditions?

 

Lastly, they have not sent a statement of account.

 

So I don't think they have complied with my CCA properly.

 

Any comments?

[barns66]

Just a quick up date,i have sent 2 recorded delivery letters to collect direct u.k at the Horsforth Leeds address given on the letters sent to me, sent the first on the 12th May and the Second on the 31st May and neither seems to have been delivered or they do not sign for them.I also sent them an email and heard nothing from them.

 

barns66

[rippedoffagain]

28th March 2008, Egg is not a "Division of Prudential PLC". Egg was sold to Citybank last year. Don't know if it helps.

[barns66]

Hi,just noticed on the letter they sent me that Collect Direct (UK) is the trading style of Improved Financial Solutions Ltd,i did a google search on them and found that they are at the same address as the one given on my letter.I wonder having sent 2 recorded delivery letters requesting the info i require and neither have arrived or not signed for i should now try to get the info addressing my letter to Improved Financial Services. barns66