Egg Credit Card Agreement

[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.

[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

[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

 

[MAGDA]

No problem, hope it does the trick! Magda

[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

[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

[MAGDA]

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