*** PLEASE HELP - Is My CCA Enforceable? ***

[Undercover-Elsa]

Absolutely. They seem to get away with it too, except when people learn enough on here to kick up a fuss.

How would it stand up as evidence in a murder case?

You've got me digging out my Patricia Cornwell novels now!

[A+]

Nursey and Buzzy, jesus how inept can you make a person feel? :D

I have NOT GOT A CLUE WHAT YOU ARE REFERRING TO!!!!!!!!!!

 

Is there any chance one of you could perhaps PM me with more details, publish more (idiot proof) details here, or perhaps rip the image, and draw some big fat red arrows on there so dumb a55es like me can get the gist of your seemingly expert eyeS??? :D :D

 

Would be very grateful. Me being me, all i have is gut feeling, and as i have said many times on the various threads i have posted on about this alleged debt, just through the WAY and FEEL of the paper trail to this case, i have always felt VERY uneasy about the validity and enforceability of this alleged debt. I can't quite put my finger on why, but its a strong gut feeling, and i have learned in life to trust these even when all the evidence points elsewhere. Could one of you maybe put your expertise into kiddie language for me please!?!?

[BuzzMan]

Print a copy of the first page of the 'agreement' and draw a straight line with a ruler and a red pen under each line of text

 

Oh, don't go to them saying "I know that..." let them shoot themselves in the foot by asking them to examine the originals, etc...

 

Feel free to PM me

 

 

PS: *VERY IMPORTANT* - don't do this on the actual document they sent you, make a copy first and work with that

[A+]

Hi BuzzMan, ok, so i tried to do what you mentioned in a photo editing package. Forgive my very basic skill in using this software, i certainly wouldn't get a job at a DCA :D

Here is my result pasted below, but i have to say after drawing the lines, they all look to be set at SAME angle to me, so not sure how this suggests it is not original.

 

Please note BLUE ink, i circled some strange looking black marks, which appear like they could be text or the edge of a sheet being photocopied.

 

Any comments? PLEASE

 

[BuzzMan]

pm me your email address

[A+]

Sorry Buzz, just seen this, PM sent

[lollipop73]

Do be careful, any accusations can result in action being taken. I can see exactly what is being hinted at, and it comes as no surprise. I have seen some little differences in a lot of credit agreements from the same period on this forum.

[Bobity]

Hi Everyone

 

I am so glad I have found this thread. I have posted myself about a similar situation but have only had one reply. I had an egg account which was taken out in 2002 and the debt was bought by capquest. I have been paying but was a bit late with a payment which prompted a letter from their legal arm saying that i was in breach of the agreement since May 2007 (not true). I asked and received a copy of the CCA, like yours, and also a letter of assignment from Egg (dated March 2009 - surely a true copy would have been signed WHEN the debt was assigned. Anyway the upshot is that since the letter in march, Capquest have levied a huge 850 pounds in what I assume to be interest, although they dont say. The transfered debt from Egg was 2100 pounds but Capquest are hitting me for 2400 pounds + the interest. I was only paying £5 per month as this is all I can manage. Can they do this and should I resume paying my monthly payments.

 

Please reply.

[A+]

I don't know how to answer that. All i can say is that I PERSONALLY would NOT pay. They have levied amounts out of thin air which were never signed up to or agreed to by you. Therefore i would tell them to bring the debt back to what it allegedly was before and you will commence payments again. This is only my opinion

[A+]

SAR Information received, update shortly. just trying to dig out emails from Buzzman to see if this agreement is definitely suspect enough to challenge in court

[A+]

OK everyone, hoping i can call on some help here again.

 

Have trawled through SAR and a few things worth noting. First thing is the alleged credit agreement which our very own certified digital analyst Buzzman thinks is possibly not authentic. Here is the copy provided in the SAR.

 

 

 

 

 

 

SECOND THING is interesting. These are screenshots of Egg customer management systems. I have pasted one screen below, as this seems strange. It talks about how the CCA request was received and passed to Lowell or received from Lowell, not sure there, but then it shows what looks like a record of how the operator opened another application called IMAGEE. How strange, since we already think there might be some imaging 'handiwork' at play here?! ANyone else think this is strange?

 

 

 

 

 

Third Thing - The covering letter on front of SAR info said "A tape containing the recorded telephone calls you requested will be sent to you under separate cover." I have never received this. Should i moan about this, and if so, how and under what rules? Are there any template letters for not complying with SAR satisfactorily?

[militantconsumer]

Regarding the possible photoshopping, there are some very serious allegations which could be made in relation to this, and they should be investigated by the appropriate authorities.

 

I have heard of promises to send tapes before on another thread. All we got was a letter saying "In respect of the calls you have requested, please accept my apologies but not all calls to Egg are recorded and Egg is not obliged to send you any calls you have requested."

[militantconsumer]

I have just noticed a similar thing on this thread:

http://www.consumeractiongroup.co.uk/forum/egg/180565-unenforceable-cca-2.html#post2582887

[angry cat]

I have thought for a long time that, Egg were knocking up blue peter's!

[A+]

Hi Militant Consumer and AC. MC - i am unsure how to take your message. Are you saying it looks like thats possible to you and as such needs to be reported. Or are you saying thats a very serious allegation which therefore i should be afraid of making/suggesting? Sorry but wasn't sure how to take that. Thanks

[the_shadow]

I have heard of promises to send tapes before on another thread. All we got was a letter saying "In respect of the calls you have requested, please accept my apologies but not all calls to Egg are recorded and Egg is not obliged to send you any calls you have requested."

 

Which is a blatant lie, if the phone conversation is recorded on a relevant filing system its counted as data and hence under a SAR they have to provide the data to you. A complaint to the ICO whilst slow... MUST be made to counteract this practice or if you feel confident enough a court claim issued for non-compliance of the DPA.

 

S.

[A+]

Thanks for input Shadow. Much appreciated. I intend to write back demanding these under the DPA 1998. I will update on any replies from Egg.

 

I have been reading the other Egg CCA threads. It appears to me the position is now this:

 

1. Unenforceable even if it was a real agreement as PRESCRIBED TERMS not present in the signed document.

 

2. Worth going to court over in any case (if they want to, which i doubt) as i think the original doesn't exist other than possibly on microfish

 

3. Possibly worth investigating fraud type investigations as i feel there is REASONABLE GROUNDS TO SUSPECT the docs have been doctored or cobbled unlawfully. Will look into this and update.

 

Any other comments or issues with this alleged agreement welcome

[hackedoff007]

Hi A+, Great thread been reading with much interest...I am going thru the start of this process now with APEX/Egg....I have just asked for My CCA.

Also noticing on your 1st and 2nd letter CCA from Egg....There are no form numbers on bottom right hand doc? EP1084 1/00???? Relevant? I dont know?

 

But thanks for so much info, hope this helps me and other to fight the fight too.

[A+]

great to hear from you 00 sheven

Best of luck, i am sure Egg will fall down at one of the hurdles if not all of them, but don't want to get your hopes up! They seem very fond of microfishes

[hackedoff007]

great to hear from you 00 sheven

Best of luck, i am sure Egg will fall down at one of the hurdles if not all of them, but don't want to get your hopes up! They seem very fond of microfishes

 

How you getting on with the EGG saga A+?

 

Im at the same stage as you were, duff copy CCA sent, they fulfilled their end blah blah blah!!!

 

Heres my thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/246638-egg-cca-enforcable.html

 

Any helpful advice? Thanks and hope your well.