Response to our Egg CCA request - Please Help !

[A+]

Quick question....

 

GREAT Thread and i am in identical situation as Cosalt was at start of this thread. I am about to send a modified version of same letter Cosalt sent, however i don't know whether i should send this to the DCA or to Egg? After the CCA request, Lowell were hounding me, but that changed recently and now its another DCA. i would have thought a statement of dispute over an unforceable agreement should go to the original creditor, not the DCA who generally know nothing and have no grounds to discuss that with the debtor.

Please could someone advise me as regards where best to send this letter?

Many thanks

(p.s. thread is over at >>> http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/163407-please-help-my-cca-3.html#post2075259

[moosehead]

can anyone send me a copy of the cca as i want to send one to egg- i have already tried to reclaim unfair charges but they have breached and have not provided the statments in order to calculate this and i doubt they ever will.

[cds]

can anyone send me a copy of the cca as i want to send one to egg- i have already tried to reclaim unfair charges but they have breached and have not provided the statments in order to calculate this and i doubt they ever will.

 

not sure what you are asking for

 

cds

[WelshMam2009]

not sure what you are asking for

 

cds

 

Think they may mean a copy of a template letter. If so, something along this lines should suffice....including your personal details of course!!

 

Request under Section 77/78 of the Consumer Credit Act 1974

This letter is a formal request pursuant to section 77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of section 77 will apply.

If it is your view that you are not the creditor, section 175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by section 189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that section 189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to sections 5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee for this request. Please note these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

Take further note that I do not want you to undertake communication with me regarding my account and any balances outstanding therein by telephone calls after the receipt of this request - to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

[r&b]

moosehead, you might get more joy on ur own thread but think u want an SAR as well if u want statements. they got 40 days + 2 for postage to reply...send rec del and print dont sign...template here if thats what u r after? hopefully welshmam will agree...

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca.html

[WelshMam2009]

moosehead, you might get more joy on ur own thread but think u want an SAR as well if u want statements. they got 40 days + 2 for postage to reply...send rec del and print dont sign...template here if thats what u r after? hopefully welshmam will agree...

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca.html

 

Yes R&B I do!!

 

My CCA requests have either yielded nothing or useless information to date and NOT the copy of the original as opposed to true copy of the agreement.

 

I'm not claiming charges so haven't really needed my statements but it all depends on what you hope to achieve.

 

Easier if you start your own thread...contact the Site Team by clicking on the exclamation mark triangle on left hand side of post and they will be able to do this for you.

[St1973]

Hi all,

 

Just an update to my EGG CCA being audited by a group of Solicitors...

 

I called them this morning and they say it is still being audited and it does take time. This is too, i'm told, to ensure that every t is crossed and i is dotted. They have had it for over four weeks now, so i am hoping that they see some validity in its unenforcability??

 

I will keep you informed as this could help a lot of you guys with similar agreements.

 

S

[lollipop73]

Still being audited after more than four weeks? It sounds like they are taking the pistachio nut to be honest, have you already paid them?

[St1973]

Not directly - this is were I believe you are better doing this yourself.

 

I paid £99 to a 'company' to review these agreements and when I saw what they done, I could have done a better job. They got the CCA and forwarded it to a legal firm in Warrington. They have had this now for three-four weeks. They dont answer my emails and when I rang, they said it was with the Auditors.

 

problem is, I have stopped paying egg and they are now demanding money as they have supplied a signed CCA. I am holding them off until the solicitors come back to me.

 

I am very confident the egg cca is unenforcable due to the approved limit discussions above (it was dated 1999). Hopefully these Auditors agree (if they exist?)

[lollipop73]

I think these companies offer something they cannot give people-reassurance. An "official" and "authorative" viewpoint is what people want, and they can;t give it, because it needs a judge to make a decision on a particular case.

 

 

I would love to just give my agreement to someone who will do all of this for me, but I can't because it isn't the comapny that gets taken to court-it's me.

 

 

I doesn't sound right to me that they aren't getting back to you and are taking this long to come to you and say either it is enforceable or it isn't.

 

 

Demand an appointment, and don't be fobbed off-it's outrageous that you may now have to argue the toss with two companies.

[angry cat]

I would use extreme caution with these firms.

 

All the advice you need, is on this site.

 

Vulnerable people paying out money...Not on!

[powershower]

Typical Egg agreement. It is unenforcable becasue it doesn't have the prescreibed terms. It should have a term telling you what your credit limit is. Instead you have an approved limit - whatever that is. That is meaningless and does not comply with teh Consumer Crdit Act 1974 and its associated regulations.

This is all a bit complicated but just like to ask a quick question. My egg card agreement is dated 21st Jan 2004. it also says " we will tell you from time to time the APPROVED LIMIT we have set you, and if different the individual limit which you have chosen for the account.

 

Does this mean this is agreement does not comply.

How do i respond i have used delay tactics by sending them money for a copy of the agreement. Which they have now done so my time is up. Moorcroft are dealing with this now. How do i write to them without slipping up somewhere they are so sneaky and clever. They only sent me a copy of my signature on the back page not the front pages which relates to the "Approved limit". Fortunately i still have the original.

 

Many thanks. And once this is resolved i will tell everyone i know about this site and naturally send a good donation.

Powershower.

[powershower]

Typical Egg agreement. It is unenforcable becasue it doesn't have the prescreibed terms. It should have a term telling you what your credit limit is. Instead you have an approved limit - whatever that is. That is meaningless and does not comply with teh Consumer Crdit Act 1974 and its associated regulations.

This is all a bit complicated but just like to ask a quick question. My egg card agreement is dated 21st Jan 2004. it also says " we will tell you from time to time the APPROVED LIMIT we have set you, and if different the individual limit which you have chosen for the account.

 

Does this mean this is agreement does not comply.

How do i respond i have used delay tactics by sending them money for a copy of the agreement. Which they have now done so my time is up. Moorcroft are dealing with this now. How do i write to them without slipping up somewhere they are so sneaky and clever. They only sent me a copy of my signature on the back page not the front pages which relates to the "Approved limit". Fortunately i still have the original.

 

Many thanks. And once this is resolved i will tell everyone i know about this site and naturally send a good donation.

Powershower.

[Desperate Daniella]

Hi Powershower,

 

You made it! You have found the answer to one of your questions. You may want to start your own thread and post the whole thing up. Let me know if you need to know how to do this - it took me days to work it out. You'll also be able to find the letter to write to them on one of the egg threads.

 

This is such a brilliant site and you'll get loads of help here.

 

Love,

Daniella xxx

[basa48]

This is all a bit complicated but just like to ask a quick question. My egg card agreement is dated 21st Jan 2004. it also says " we will tell you from time to time the APPROVED LIMIT we have set you, and if different the individual limit which you have chosen for the account.

 

Does this mean this is agreement does not comply.

How do i respond i have used delay tactics by sending them money for a copy of the agreement. Which they have now done so my time is up. Moorcroft are dealing with this now. How do i write to them without slipping up somewhere they are so sneaky and clever. They only sent me a copy of my signature on the back page not the front pages which relates to the "Approved limit". Fortunately i still have the original.

 

Many thanks. And once this is resolved i will tell everyone i know about this site and naturally send a good donation.

Powershower.

 

Take a look here -> http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html

[Fiscalawareness]

Hi Guys

 

Im just writing my dispute letter to egg, i have also got an audit through a solicter for £60 but also preparing my own case that way im still in control.

 

Some claim companies are better than others, some charge alot of money others do it cheaply so if you want to do an outside audit then shop around, and watch out for winning fees and percantage of write offs.

 

I know for a fact alot of cards are being taken on by solicters through these claim companies but they take along time due to the soliciters still forming arguements on how they can claim costs due to complexity in the cases and the use of the small claims courts, most dont get to court as the cards settle.

 

The cases are given to a solicters who does an audit if he belives he can win get a barrister opionion and takes on the case.

 

However they do not have much urgancy to push it through as they are looking at ways to reclaim costs. These are still a sticking piont.

 

If you do use a firm dont think weeks think months and months and set up a plan to keep egg off your back until you have your case heard.

 

If your in a rush then take your own action and do it yourself with lots of help form some very intellegent site members here.

 

cheers jame s

[k1mmie]

I have an Egg Loan and Egg credit card, both dating to 2002. I have been told there is a case for this to be looked into. Are there any obvious mistakes for the loans like the credit cards listed?

[RoadToRecovery]

Read this thread with interest.

 

Has anyone had any updates? ie;

 

word from the solictors

 

Any more correspondence from egg / cd?

 

tia

[texanbar]

I have an Egg Loan and Egg credit card, both dating to 2002. I have been told there is a case for this to be looked into. Are there any obvious mistakes for the loans like the credit cards listed?

 

 

Hi k1mmie,

 

Re-reading this thread from beginning to end, to make sure I'm still up-to-date with everyones comments, and you took the words out of my mouth! Going to try and read some other threads and if I find out anything regarding the loan will come back.

x:-)x

[powershower]

Hi I havnt had much response lately but i did write letters to the other six debt recovery thugs that egg had involved i told them i would not respond to them that i would only reply to EGG directly i also said i wanted them to SToP telephoning me and making harrasing comments. So far no commets "peace" i am sure it will start again. However they are aware that i am not going to be bullied and i need them to respond to my complaints.

Another interesting site is the financial ombudsman site, i have also raised my EGG dispute with them. They are extremely professional. I will write back when i have more information. Best regards PS

[blueotter]

Any updates from anybody who's contributed to this thread please ?

I'm in the same positions,have one of these unenforceable agreements but haven't replied,perhaps i should just put it in dispute now ?

[lollipop73]

That is enitrely your decision-it is now 8mths since I made a payment and 8mths since they received my letter about the approved limit issue as well as the interest rate and charges on default. They haven't responded to my letters, they placed the account with moorcroft ( who are actually quite easy to shoo off) they defaulted then terminated the account-all of which whilst the account was in dispute, they trashed my credit file ( this seems to be the hard one to deal with) but they still ignore my original letter.

 

 

On the other hand they haven't had any money from me. The fights still on.

[cosalt]

We have two agreements, one with an approved limit, one terminated last year ( and approved limit !)

 

We have paid nothing for over 10 months, we have written several times stating what our dispute is, now we just receive a call ( ignored ) from ARC once in a while asking us to call them.

[blueotter]

I've a question then please,when these were put in dispute did egg cease adding interest to the accounts ? and do you have a copy of the letter i can send them,not sure if i need to use a general one or write something about the lack of credit limit,t+c etc

[texanbar]

I stopped making Egg c/c payments since February this year, Moorcroft very easily accepted, ARC on the other hand like to call me at least once/twice every couple weeks.

 

Just sent off the A/c In Dispute letter for Egg Loan, withholding payment from this month... lets see what happens

x:)x