Egg CCA - enforcable?

[moobelle]

HI having won my refund of penalty charges against egg I am now going for them for mis-sold PPI and for non-enforcable CCA.

 

here is my photo bucket link to the two images which I have scanned of the documents I got in response to my CCA request. Could someone who understands this better than me have a look and tell if its a good cca or not?

 

Many thanks as ever lovely Caggers

 

http://i343.photobucket.com/albums/o455/moobelle36/IMG008.jpg

http://i343.photobucket.com/albums/o455/moobelle36/IMG009.jpg

 

Oh I hope its a bad one and I can be nasty to a company that have made my life a misery with their escalating interest and hassle followed by termination of an agreement I had NEVER once defaulted on.......

[moobelle]

Not sure if I'm blacklisted or something but can't seem to get any answers re this on here or on general debt forum....anyone please????

[Mistermind]

Moobelle you are not blacklisted, more likely A-listed.

Mod Steven4024 is the expert on the 5(?) criteria determining a valid enforceable CCA. He is busy patrolling many forums but no doubt will see this soon. Or you could draw his attention with a PM, but he will not reply to a question posed only within a PM.

 

Or you could SEARCH, ADVANCED SEARCH, and nominate poster as Steven4024, and insert keyword "CCA", and display as post, not thread.

There might be a problem re the shortness of "CCA" as a searchstring. If no joy specify "signature".

 

Your photobucket pic requires a double magnifying glass, might be better if you verbally describe what there is on it, in particular the signature and date.

 

Good luck.

[moobelle]

Ah thanks Mistermind - you always end up rescuing me!!!

 

Only panicking as am on last day of job and then have no access to a printer (and funnily enough can''t afford to buy one LOL) to print all my demanding letters out so am trying to do as many as poss today...

Mmm will try and get the photobucket stuff magnified...

 

Onwards ever upwards surely!!!!

[Mistermind]

As I remember there is an issue about a CCA being on one piece of paper, two-sided if need be, presumably so that the likes of Arfur Daley do not insert a page separate from the signed page.

 

If your two sheets are the two sides of one piece of paper, do say.

 

PS. Whether a letter is printed or handwritten would not matter much I would think. Eggployees have clear guidelines on how to respond.

[moobelle]

HI again

 

the copy I have received is a photocopy so impossible to tell if two sided or not....

 

T&C's are a seperate print out as well if that makes any difference to its ligitimacy.

 

Moobelle

[Curlyben]

Egg agreements are considered compliant with CCA, so basically this IS enforceable.

 

Mod Steven4024 is the expert on the 5(?) criteria determining a valid enforceable CCA.

Till I came back

 

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html