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Egg CC - assistance required


roors
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Hi all

 

New to this Group - I've got another thread running on Lloyds PPI Reclaim - but have been posting all my information there - it was suggested that I start a new thread here - so here goes.

 

CCA'd all creditors including Egg (who are the only ones to respond) can someone please look at the attached which was sent - and confirm if its enforceable.

 

Thanks

 

roors

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=5302&stc=1&d=1231265063

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=5303&stc=1&d=1231265063

egg.0135r.arc_Page_1.jpg

egg.0135r.arc_Page_2.jpg

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Can you post it on tinypic or photobucket so we can enlarge it?

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hi,

Unfortunately they are too small for my delicate eyes to see :)

could you use photobucket to post your scans.

That aside, Egg are one of the few that tend to have valid agreements

 

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Another agreement that says "limit" instead of "credit Limit".

 

SI1983/1553 clearly says it must credit.

 

Weve had this one before. has anybody got any closer???

 

HAK

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Thanks for response - what does that mean - is it enforceable or what?

 

And what should my next step be - sorry for being so niave - but I've never not paid anything and just struggling big time.

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It's a standard Egg agreement. On the face of it, it has the prescribed terms on ones side (p1) and the signature on the other (P2).

 

However, the title says 'Credit Agreement....' where it should say 'Credit Card Agreement...'. It also talks about an 'Approved Limit' (p1) where it should talk about a 'Credit Limit'. Since this is a prescribed term and the creditor has no leeway whatsoever under the regulations to vary what is put, we think that is enough to make the agreement unenforceable.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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i have had one of the above aswell so am curious as to weather it is enforcable or not , as i just took it as it was ????????? :)x

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Hi

 

Just wondered if anyone could advise what if any course of action I should consider taking - do I go for the CCA being uneforceable and if so is there a suggested letter - sorry for asking but this is all new to me and need to keep any hounding phone calls to a minimum.

 

roors:confused:

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Hi

 

Can someone let me know if the agreement I was sent is enforceable or not and if so is there a standard letter to be sent - sorry for being a pain but need to move on this

 

roors

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You need to have a good read of this thread:http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html?nojs=1#post1747470

 

and this

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html#post1048109

 

You can find one of the standard letters you send out after 12 + 2 days or 12 days after confirmed delivery by recorded delivery by using the site search feature. Then adapt one of the standard letters you get more out of the forum the more reading you do before acting.

Here is a post you could use.

http://www.consumeractiongroup.co.uk/forum/barclaycard/167584-barclaycard-no-cca.html#post1805429

Edited by Ragtaggeorge
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  • 1 month later...

Dear Anyone who is reading this - received letter from Egg this morning advising that what has been sent is enought to satisfy CCA - and that if I'm not happy I can report them to FSO - any ideas on how to progress?

 

roors

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  • 7 months later...

Hi - not much movement at the moment with Egg - they have passed both my CC and Loan over to Moorcroft who continue to phone and send letters advising that I am responsible for payments etc and that Egg have complied with my request for a correct agreement - I only ever received an agreement for the card and have continued to pursue them for the loan agreement, but to-date have had no joy. However, following my last response to MDR advising that Egg had failed to comply, I received their response this morning (for the loan)- advising that I am liable for the debt and I should phone to make a repayment arrangement - any suggestions. I have never been given a copy of this agreement and don't know if its enforceable or not. Any advice would be greatly appreciated.

 

Thanks

 

roors

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If you are getting harassed by Moorcroft I suggest familiarising yourself with this:

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

The OFT clarified to me that if a s77/s78 CCA request is in default, as appears to be the case with your loan, that the creditor is "not entitled to enforce the agreement AT ALL with or without a court order", until which time the provide you with a copy.

 

As such that's the legal state of the loan taken care of.... though it is possible that Egg will operate it as normal, and continue to enforce it which obviously could have implications for your credit file. In this instance I would recommend complaining to the OFT, and letting Egg know it. Likewise if Moorcroft attempt further collections on the loan then they should back off if you inform them you are complaining to the Office Of Fair Trading.

 

Your credit card application, from what I remember it has to specify "Credit Limit" as one of the prescribed terms, if it doesn't anywhere within your executed agreement then one of the prescribed terms is missing making the agreement unenforceable through a court.

 

Egg have complied with the your request for the credit card executed agreement, and as such have completed s78(1) CCA. No doubt they will continue to harass you, phone you, put pressure on, threaten in an attempt to get money out of you, but what they have is a document which is not legally compliant.

 

I would suggest looking on a number of other Egg threads to find someone knowledgeable on this and getting a second opinion but I am pretty sure that the agreement you have is unenforceable.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Mine was with Moorcroft for a while. I pointed out to them that the agreement was defective and after a while they passed it back to Egg. No doubt I will have to go through the same charade with Capquest who are the current DCA. They did send me a nice letter with someone's name on it, so I suppose I should reply to them sometime.

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  • 4 months later...

Hi - lack of movement from Egg for sometime now - however have just received letters from Fredricksons who have clarified my address and are chasing me for payment - any suggestions on what I should do? thanks roors

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