roko20650 v Egg card

[cerberusalert]

Send them this;

 

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

 

 

**amend to suit your circumstances.**

Print name do not sign

[roko20650]

Many thanks Cerberusalert, I will send this to them tomorrow registered post. Roko

[Helios]

Terms & conditions are not credit agreements, an agreement must have the the prescribed terms on it and be signed by you

 

internet bank or not they must supply you with an agreement

 

when was this egg card taken out?

 

if its pre 2005 it maybe unenforceable, have a read of this thread

 

egg agreements pre 2005

[roko20650]

Hi Helios, this agreement is old, the earliest piece of paper I have kept are dated 2003. I will take a look at your thread as well. Roko

[roko20650]

At last after having sent a Subject Access letter I have now received a pack from them. However, my letter was dated the 20th May and their reply was dated the 30th June, sent Special Delivery and I did not actually collect from the post office until today 3rd July, does that make them out of the 40 day time limit? Anyway attached is the letter they sent together with a copy of something which was signed by both myself and husband. Can you tell me if in your opinion this is enforceable?

90630 ltr and DSIR Egg.pdf

[roko20650]

bump

[roko20650]

bump

[cerberusalert]

If they are front & back of the same form it would be considered enforceable.

[roko20650]

They were sent as two separate sheets, but that is probably splitting hairs as it could be an error in copying. Do you think there is any point in writing again to them and asking that question, would they tell the truth or should I make an offer of payment to them to avoid a CCJ? Roko20650

[roko20650]

Can someone take another look at this, although probably this is front and back of the same form, and all the prescribed terms appear to be there, this is a 2000 agreement and there is wording on it that says "By signing this agreement, you confirm you have read and accept the Egg Card Conditions a copy of which is enclosed. The Agreement will only be binding on us when we have completed our final checks and you have signed and returned the credit agreement to us". Is there any mileage in the fact that they imply that checks have not been completed? Just a thought as I can't understand how most of these agreements are unenforceable, but mine is? Roko20650