Egg CCA - Enforceable or not?

[ftd]

Hi all, first post:

I have 2 questions/observations concerning Egg CCA's sent to us on request. Normally they are sent as 2 pages, or 3 if including the direct debit mandate.

 

1. If the first 2 pages are the front and back of the same page, why is the front and back of a staple (not a staple hole) shown in the corners, you wouldn't put a staple through just one sheet, and there's nothing linking the two pages (other than the staple)?

 

2. Next to, or underneath the 'APPROVED' stamp, there is a signature. Was the agreement executed on my signature (being the last to sign and date) on the second page, or is the agreement executed on the 'APPROVED' stamp and signature on the 1st page, and does this have a bearing on it being a 'pre agreement' or a valid CCA

 

Cheers

 

ftd

[citizenB]

Any chance you can scan these in for people to give their opinions. Remember to remove any identifying information first.

[ftd]

Hi, I was asking more because of previous posts , rather than my own circumstance! I'm currently paying my cards off that I have not (yet) defaulted on or had problems paying, and the rate is fixed for life, so at the moment i'm in no real rush to dispute anything with the existance of CCA's containing the prescribed terms, However - is there doubt that the original exists or not (my first point concerning the staples in the photocopies)? Or that the agreement is a pre agreement (second point concerning the signatures).

 

I think people have missed the point that some of the Egg agreements are sent 'signed' digitally by egg at the bottom of the second page and not actually signed. We sign the document and return it, there's the notice that they have to complete final checks.

What we DONT get back when the card is sent, is a copy that has been stamped with 'APPROVED' with a signature somewhere near the stamp (thats if we get a copy of the CCA at all with the card - which I believe we dont).

 

Some agreements i've seen on here don't have the 'approved' stamp, but it's unclear if they have been sent an agreement that was actually signed first (not digitally) by egg?

 

ftd

[citizenB]

aha, my apologies.

[ftd]

I'm firing this off to them as part of my strategy:

 

Dear Sir

Thank you for your reply dated May 2009, however this reply has left me with no further doubts as to the state of the account as in your reply you state:

 

“We took the decision to end your agreement on the 16th December 2008”

 

I can only conclude from this statement that the agreement has ended!

 

In my April correspondence I stated that in light of no valid agreement existing between us then any sharing, use or processing of my personal details must cease.

You have kindly sent to me what you confirm is a true copy of my regulated credit agreement. Nowhere within this 2 paged signature document can I find any mention of agreeing for you to share or process my information with third parties or credit reference agencies etc. You also kindly sent what you say is a copy of my terms and conditions applicable to the account, I’ll draw your attention again to Point 16 of these Terms & Conditions as you seemed to overlook this fact in your last letter: 16 ‘Use and disclosure of personal information’, point 16.2 clearly states as a single fact ‘With your consent’.

Quite clearly I have withdrawn my consent, and I further note that nowhere in section 16 of the T&C’s does it state that you retain the rights to use and disclose my personal information whilst the agreement is in force.

I will rely on these documents in court should the need arise! Therefore, whether you believe a valid agreement exists between us or not, should you continue to use/process/disclose any information relating to me, then the cost to yourselves is £5000 for the first instance and £1000 for each further instance, payable to myself by cheque, commencing immediately!

 

These are the terms, if you continue sharing/processing/disclosing my information then that will be taken as you having accepted these terms.

 

FTD