roko20650 v Egg card

[roko20650]

Help please,

 

My husband is self employed and has been laid off his sub-contract work and there is nothing out there, we are homeowners with a mortgage and are unable to pay our credit card debt to Egg, thinking of debt management but would like first to try going it alone, any help would be appreciated.

 

Ta muchly

[supasnooper]

Hi there, welcome to CAG.

 

It's your call but I would initially advise going on a DMP with either CCCS or Payplan - both are free and non judgmental.

 

It would give you some breathing space to get sorted without having to deal with the inevitable phone calls and letters. On a DMP you just refer the creditor to your DMP.

Also, whilst on a DMP, you can request your Consumer Credit Agreements.

 

However, if you feel that you can deal with the creditors on your own then there are some template letters on the forum to help you with this.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

I'm sure others will be along shortly with more or even better advice.

[roko20650]

Thanks, how do I know that the DMP company is a reputable one? Any ideas

[supasnooper]

If you do a search on this forum for CCCS or Payplan

 

You will find plenty of members who have used their services.

 

They are free to use and are not judgmental neither.

 

Take your time and do some research on them and decide which one is for you or maybe you could even phone them up and speak to them....both have freephone numbers I think.

 

I would avoid any companies that charge for the service of debt management.

[roko20650]

Thanks, for the info, the company I have spoken to recently want to charge about 17% plus an admin charge up front of £250! I will speak to CCCS and/or Payplan as I have so many questions to ask.

[mnoesere]

I have a cousin, severely depressed over £27,000 of credit card debt to MBNA and Egg, she was cping fine, untill she got made redundant two months ago and is now strugging. She was hoping to clear all off with a bonus she was expecting but got hit by the Crunch.

 

I have convinced her to go with Payplan, but she only wants to deal in writting as she has had terribly bad experience recently with RMA chasing for December's missing payment for MBNA, despite her contacting MBNA in advance of the payment (which is the only one she has ever missed) about her dificulty and asking for a breathing space while she tries actively to sort herself out. So I guess my question is, can she deal with Payplan and sign up all in writting / the web or would she have to call them and speak to them ?

[supasnooper]

I have a cousin, severely depressed over £27,000 of credit card debt to MBNA and Egg, she was cping fine, untill she got made redundant two months ago and is now strugging. She was hoping to clear all off with a bonus she was expecting but got hit by the Crunch.

 

I have convinced her to go with Payplan, but she only wants to deal in writting as she has had terribly bad experience recently with RMA chasing for December's missing payment for MBNA, despite her contacting MBNA in advance of the payment (which is the only one she has ever missed) about her dificulty and asking for a breathing space while she tries actively to sort herself out. So I guess my question is, can she deal with Payplan and sign up all in writting / the web or would she have to call them and speak to them ?

 

 

Firstly apologies to roko20650 for the hijack of your thread.

 

 

Hi mnoesere and welcome to CAG ,

 

I have no experience of Payplan but have with CCCS.

 

I'm pretty certain that your cousin will have to speak to Payplan as there are certain nuances and questions that are specific and personal to each DMP they set up.

 

Try to get your cousin to call Payplan while you are present so she can seek instant support.

 

If you do have any further questions, please can you start a new thread so any advice you want or get, will not be lost in roko's thread.

[supasnooper]

Thanks, for the info, the company I have spoken to recently want to charge about 17% plus an admin charge up front of £250! I will speak to CCCS and/or Payplan as I have so many questions to ask.

 

Give them both a call and see who you prefer - both are very helpful.

 

 

Another good helpline is National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000 which is free and impartial.

 

Of course if you have any further questions then just post them up on the forum - it's open 24/7

[roko20650]

Hi all,

 

Egg Card

 

I asked them to send me a copy of my credit agreement and they have now done so, they say in their letter "signed" copy of my credit agreement but its not signed. What happens now?

[roko20650]

bump

[westendwendy]

I asked them to send me a copy of my credit agreement and they have now done so, they say in their letter "signed" copy of my credit agreement but its not signed. What happens now?

 

You need to scan the document and post it on here,someone can take a look at it to check if it is enforceable or not.

 

Once that's established you will be given the best advise on what to do next.

[roko20650]

I received this letter and enclosure from Egg on the 19th February. Now what??

Edited March 3, 2009 by roko20650

[roko20650]

bump

[Capricorn1601]

you may want to take down your pdf and edit it. The Personal information is still visible

[roko20650]

I have now re-attach the agreement, which they say is signed, which it clearly is not. What now?

Egg 190209.pdf

[roko20650]

bmp

[Capricorn1601]

i'm only a newbie, but I should say what they have sent you is T's &C's. This is not a Credit Card Agreement. Therefore they have not complied with your request.

 

Can any experience members comment please?

[cerberusalert]

All they've provided is the terms, I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists.

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you.

 

Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

[roko20650]

Many thanks Cerberusalert and Capricorn 1601, I will send them the letter tonight.

[roko20650]

No written response from Egg, since my letter of the 6th March, but have received phone calls.

 

Roko20650

[roko20650]

Received a phone call this evening and in that they admitted to me that they would not have a copy of a signed credit agreement because they are an internet service, but I would have ticked boxes indicating that I accepted their terms and conditions. They have not replied in writing to my letters. What now? If this going to be enforceable does anyone think?

[roko20650]

Please can someone take another look at this agreement and let me know if its enforceable or not, bearing in mind they are an internet company and everything is done by mail. The enclosure they sent me is re-attached. I am getting lots of call from them and I have now sent a harrassment letter to them.

[cerberusalert]

It's not enforceable no.

 

If you applied for this online, at the very least they should have included a screen-shot of your application/agreement. Even then, depending on when you applied, it would not necessarily be enforceable.

 

When did you apply online?

[roko20650]

That's what I thought, thank goodness, I think I applied in 2000 but certainly I have had the card for many years. How should I respond now if they keep phoning me, they can be quite aggressive, accusatory and judgemental.

[cerberusalert]

If you had applied for it that long ago it would still need your signature. Tick box signatures didn't become enforceable until much later.