emlv egg advice please

[emlv2000]

my oh signed up about 2 year ago online and got an egg card. what is the procedure and what can i claim

everything was done online no paper agreement signed where do i stand with this can anyone advise

[Mistermind]

I understand since 2004 mouseclicking a tickbox on the screen has been deemed a legally valid electronic signature.

[emlv2000]

so where does that leave you with regard to a cca request or similar?

[silverfox1961]

Hi there

the procedure is as far as i'm aware, the same. send a CCA request plus £1.00 cheque or postal order by recorded delivery to their office.

DO NOT sign your name but print it

A few more details about the problem would be helpful

fox

[emlv2000]

Sure what details would you like to know? ask away.

[silverfox1961]

well, are you in arrears to egg

have they sent a default notice to you

are they selling the debt

you know the usual stuff or are you just covering all bases should you have to default in the future.

I'm assuming it was in your OH name so he (she?) has to send in the CCA request.

If you are asking these questions in order to avoid paying what you legally owe then that's a different matter.

The role of the forum is not to avoid paying debts but to ensure that the DCA's follow the rules and if they don't then that's their loss.

fox:cool:

[emlv2000]

in answer to your questions

1.yes he is in arrears

2. default notice threatened

3.not selling the debt as far as we can tell

4.not covering all bases just wanted help the cca would be in oh name but i would deal with it as its hard to do for him bein in hospital for the next 12 weeks.

am on a payment plan but are still added int and cgs

am not intending to avoid debt just trying to help it.

[silverfox1961]

Morning:)

That's fine. I was only being nosy anyway lol

I'd still CCA them to see what they send back.

A while back I sent a letter to a credit card company asking them to freeze the interest and charges so long as I made regular payments. Don't know if egg will do that but I'd wait till you get the CCA back.

All the best to your oh

I'm going to PM a member of the site team who may be able to assist more.

 

fox

[Mistermind]

my oh signed up about 2 year ago online and got an egg card. what is the procedure and what can i claim

 

CCA verification and unlawful charges reclaim are completely separate activities, with one independent of the other. Going by reports in this forum the first pursuit is of doubtful value but the second has been proven 100% successful with Egg, proven 100 times:

 

V-E Day: Victory over Egg

 

Unlike other cards Egg does not make a song and dance about resisting charges refund, so long as you send the proven successful template letters. By enclosing £5 cheque you can request from Egg a list of dates and amounts of past "overlimit" and "late payment" penalty charges, all of which are due for refund regardless of the closure of your account. Reply will normally be prompt, but you may be asked to furnish photocopy of drivers licence or passport, and an original utility bill to prove you are who you say you are, and not another party trying his luck.

 

Alternatively by enclosing £10 you can send a formal Subject Access Request, and receive in return a one-inch-high pile of paper recording everything Egg keeps for your account, but this can take up to 6 weeks.

 

With such an itemised list you can send your first letter in plain English to claim from Egg full refund plus 8% per annum interest on the charges. You could try to claim more interest but be prepared for a long struggle with doubtful results. Egg will then send you a standard template letter saying the charges were not in their opinion unlawful.

 

Upon receipt of this you can send your second letter adapted from the template below to say, "Oh yes they were". This will normally be sufficient, and Egg will refund into your account reducing the balance outstanding, hopefully within a few weeks or even less, without the hassle of legal paperwork, court attendance or delay. Going by recent form Egg are unlikely to refund by cheque. Good luck.

 

03 weeks - 22 JAN 2008 - WINNING TEMPLATE LETTER - andrew_nwide - WON!! Egg Smashed £900

[silverfox1961]

Thanks Mistermind. I bow to your knowledge. I didn't quite know how to advise on this one. I'll take your info on board in case i get asked that again.

fox

[Mistermind]

Thanks silverfox, I merely regurgitate frontline reports I read in the forum. :grin:

[emlv2000]

so i send cca then sar if cca is not enforceable what about the rest of the balance

[silverfox1961]

hiya,

The chances are that the CCA is valid as it was taken out only a couple of years ago. online signatures became valid a few years ago. Get the S.A.R request in and once that comes back you will be in a better position to assess where you stand. Mistermind's post saya it all really.

 

fox

[emlv2000]

right i think im going to send a telephone harrasment letter and a sar in the same envelope rec del and 10 cheque then wait 40 days for response then put in request for charges and interest although because it was paid d/d before dont think we had any charges until d.d stopped thats only been 3 months ago

[emlv2000]

anyone?

[silverfox1961]

Best advice you can do after sending the SAR is to relax,have a stiff drink and wait and wait and wait. With CC's and DAC's speed doesn't fall into their vocabulary. try not to worry. You are doing everything you can at the moment.

I'm off to bed soon but as I'm a total CAGaddict, I'll be back on tomorrow:-D

 

fox

[emlv2000]

thank you ill think ill xolor my hair im goin grey with all this

[emlv2000]

posted a telphone harrasment letter off to egg today and spookily they have just phoned so i answered and was greeted with a good evening madam i told the operator to hang on one moment which she replied sure i went to my computer and got up the harrasment by telephone letter and read it out over the phone word for word the answer was sorry to have bothered madame good evening at which the phone went dead

 

ha youve got to love it xx

[emlv2000]

bump

[Mistermind]

One does not mess with emlv. :grin:

[emlv2000]

just a little update no phone calls at all today after my bogoff last night.

[emlv2000]

hi there just a bit of advice please the other day i sent egg after constant calls a letter of harrasment and payment plan offer i had no calls for 1 day then this morning a mound of calls every 15 mins from 08.00 up to now i answered the last call and again advised of telephone harrasment and all conf be in writing the phone went dead have i done the right thing.?

[emlv2000]

bump anyone please x soz for bump i know im just an eager beaver but i would like to get this sorted in my mind so i know exactly wat to do and am confident with these people next time they phone or send further corres

Edited November 1, 2008 by emlv2000

[Mistermind]

I take it these calls are from Egg and not DCA. Telephone monkeys paid £6 per hour are likely to have been given a list of hundreds of phone numbers to ring regardless of account history. Until this is brought to the attention of higher-up Egg managers phoning may resume as the unsatisfied phones list is passed from one monkey to another.

 

If you write and point out that 2 initiatives are now under way:

 

(1) Unlawful charges refund with certainty of favourable result,

(2) Request for CCA with unknown outcome,

 

The balance you owe is unresolved. When resolved then you will arrange a monthly payment plan with Egg. Until then Egg are wasting their time and money. The problem with saying NO or putting the phone down, is that the monkeys will keep coming back without passing your message onto the boss.

 

You need to write and bring the responsible organ grinder into control.

 

Good luck for a harassment-free week.

[emlv2000]

i dont suppose you know of a letter i could send by any chance ?