Toxic Vs Egg Card

[toxicdebt]

I CCA'd Egg a week ago. Now had a phone message and secure email asking me to ring them. Has anyone else experienced this? Should I ring em or simply wait for the 12 + 2 days to expire before putting the account into Default?

[kirklanw]

Don't ring them. Just wait & see what arrives in the post, if nothing then send them a letter to put it into default.

[lollipop73]

Under no circumstances do you ring them.

 

My line when they ring is this...................

 

 

 

Perfectly pleasant when they call then when they ask to go through the security questions I say "I`m terribly sorry, but due to the fear of identity theft I no longer supply identifying information over the phone I`m afraid".

 

 

Their response "Oh okay, there is a secure message for you or you can ring us"

 

 

"And will they ask for identifying information over the phone?"

 

 

"Yes they will but you will know it`s us"

 

My response " I don`t give identifying information over the phone. It`s MY policy but I will check my inbox-you can always write to me" (being ever so pleasant and helpful)

 

 

 

Course the conversation doesn`t get very far.

 

 

 

Never ever fails. I won`t speak to a robot anyway.

[toxicdebt]

Thanks for the heads up guys.

 

Egg only have my old Mobile number. It just sits on my desk doing nothing, so its easy for me to avoid Egg calls.

 

Just thought id ask to make sure. I have stopped using the card already so it must be to do with the CCA Request.

 

Their time is up on the 17th Feb. So let the waiting game commence.

[WelshMam2009]

Out of interest, when (year) did you take out your agreement with them?

 

Egg no longer contact me by phone and I'm looking to CCA them...will await your update with interest!!

[toxicdebt]

1999 or early 2000

[WelshMam2009]

1999 or early 2000

 

Thanks Toxic...similar age to mine...look forward to your update when you hear from them.

 

Don't know whether it's wishful thinking on my part (probably!) but am wondering if the older the agreement is then the harder it may be for them to find the paperwork....

[toxicdebt]

I think I may have found out why I got the phone and secure email messages asking me to ring them...

 

I got a letter today from egg asking why I had cancelled my direct debit. I cancelled it just after my Feb payment was made. I thought that they would not realise until my next payment was due. (have not stopped payments yet) Didn't know that they get to find out at the time I cancel a DD.

 

Still no CCA yet.

[toxicdebt]

Received letter today informing me that Egg has "temporarily blocked my card" and instructing me to reinstate my Direct Debit as "its is a condition of the agreement".

 

Still no CCA

[WelshMam2009]

I thought that they would not realise until my next payment was due. (have not stopped payments yet) Didn't know that they get to find out at the time I cancel a DD.

 

Still no CCA yet.

 

Pretty sure your bank tells them as a matter of course...

 

Just remembered that I never had a D/D with Egg for my payments. Try telling them that you're going to set up a Standing Order and see what they say. At least that way, you control the amount going out.

 

Keeping my fingers crossed that they don't find your CCA...they're probably copying and pasting it as we speak!!

[toxicdebt]

TIME'S UP!

 

15 days have past and no CCA. Just two letters and secure messages telling me to ring them regarding my cancelled direct debit.

 

Not sure if I should write and put the account in dispute or just do nothing.

[basa48]

TIME'S UP!

 

15 days have past and no CCA. Just two letters and secure messages telling me to ring them regarding my cancelled direct debit.

 

Not sure if I should write and put the account in dispute or just do nothing.

 

Write and tell them they have not complied with CCA 1974 s78 and give them 14 days to respond with why - then dispute the account.

 

Or better, SAR them .. but that'll be another £10 + recorded postage.

 

Remember...softly, softly, catchee monkey!!!

[WelshMam2009]

There's a standard letter on the site which you can send after the 12+2 days.

 

After posting above, I managed to find my original agreement from Egg for a credit card taken out in 2004 that has now been paid off. It did say on there that it was a condition to pay by direct debit...oops...really sorry, my mistake!!

[toxicdebt]

Write and tell them they have not complied with CCA 1974 s78 and give them 14 days to respond with why - then dispute the account.

 

Or better, SAR them .. but that'll be another £10 + recorded postage.

 

Remember...softly, softly, catchee monkey!!!

 

Cheers basa.

 

I have drafted a letter placing the account in dispute but didn't realise I had to give them 14 more days to explain themselves.

 

Or do you mean just send the SAR instead?

 

However I want to put it in dispute asap as my next payment is due at the turn of the month and Ive already cancelled the DD as I no longer have enough funds to pay due to severe change in income circumstances.

 

---------

 

WelshMam: Thanks for the conformation. Good to know where I stand.

[basa48]

What is your argument for disputing?

[toxicdebt]

What is your argument for disputing?

I assumed (maybe I'm being naive here) as they failed to send me a copy of the CCA within the allotted time - 12+2 working days - it was automatically in dispute until they do send me one.

[basa48]

I assumed (maybe I'm being naive here) as they failed to send me a copy of the CCA within the allotted time - 12+2 working days - it was automatically in dispute until they do send me one.

 

That is correct.

 

Section 78(1) states that:

 

The creditor under a regulated agreement for running account credit, within the prescribed period after receiving a request in writing from the debtor and payment of a fee, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer, i.e. (briefly) state of the account, amounts currently payable and dates for payments.

 

The Consumer Credit (Agreement) Regulations 1983 quite clearly state that, whilst certain items may be left out of the copy document, the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Also note that nowhere within the Regulations does it state that any part of the agreement can be presented on a separate document. It does state that all prescribed terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I would put them into dispute, but give them 14 days to respond with a remedy.

 

Also tell 'em:

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of any credit agreement is a very clear dispute and as such the following applies.

You may not demand any payment on the account, nor am I obliged to offer any payment to you.

You may not add further interest or any charges to the account.

You may not pass the account to a third party.

You may not register any information in respect of the account with any credit reference agency.

You may not issue a default notice related to the account.

 

That should get a response

[toxicdebt]

Great stuff basa.

I will add in a polite paragraph giving them 14 days to explain their reasons why they did/could not comply. I have already included the bits in your post that refer to what they cant (but will) do whilst the dispute remains unresolved.

[toxicdebt]

Finally got CCA back from Egg. As with others it refers to 'Approved Limit' rather than 'Credit Limit'. This is also replicated in the T&C's. I am guessing that being a prescribed term this would therefore make it unenforceable ?

 

I have also included page 1 of the T&C's which refers to the 'Approved Limit' and page 5 which states the charges which do not seem to be either the old £25 nor the New £12 ones. Most are £20. Not sure if these T&C's are the current ones or the originals. Unlike the CCA they are not photocopies though.

 

http://i155.photobucket.com/albums/s284/makum101/Egg/EGGCCApge1a.jpg

 

http://i155.photobucket.com/albums/s284/makum101/Egg/EGGCCApge2a.jpg

 

http://i155.photobucket.com/albums/s284/makum101/Egg/TCspge1.jpg

 

http://i155.photobucket.com/albums/s284/makum101/Egg/TCspge5.jpg

 

Now deciding how to word my dispute letter.

[lollipop73]

I also disputed the account as per no prescribed term "credit limit", I wish you the best, and if it`s any consolation I am keeping my thread updated with every letter they send so at least you will know their responses ahead of time.

 

I fear it may be heavy handed though.

[toxicdebt]

Im having trouble trying to word the end of my dispute letter. How do I place it into dispute when they dont have an enforceable agreement?

 

Ive included the reason why their agreement is unenforceable - lack of prescribed term 'credit limit' and stated the law about this as well as the usual from the templates about not selling or demanding payment but im not sure how to put it into dispute seeing that they have complied but with an unenforceable agreement.

 

So far I have drafted the following...

 

Therefore the agreement you have sent is not legally enforceable and as such I am not legally bound by it's content nor required to make further payments.

Does that sound any good?

[basa48]

Im having trouble trying to word the end of my dispute letter. How do I place it into dispute when they dont have an enforceable agreement?

 

Ive included the reason why their agreement is unenforceable - lack of prescribed term 'credit limit' and stated the law about this as well as the usual from the templates about not selling or demanding payment but im not sure how to put it into dispute seeing that they have complied but with an unenforceable agreement.

 

So far I have drafted the following...

 

Does that sound any good?

 

Some thoughts in my PM.

 

But you should state "I dispute any alleged agreement and do not acknowledge any Debt to Your Company" near if not at the top of your letter.

 

Once you have explained all about why you think the agreement is unenforceable, say something like "it is for this reason I dispute any alleged agreement"

 

You should also say "that whilst the agreement is in dispute, you may not etc. etc"

 

So long as you mention 'dispute' a couple of times you're covered, and always say 'alleged agreement'. Then they can't say you acknowledge you agree there is an agreement.

 

Do send anything like this SPECIAL Delivery, not just recorded.

[toxicdebt]

Many thanks for your input Basa - both here and on PM. Off to construct my letter right now.

Edited March 2, 2009 by toxicdebt
spelling

[toxicdebt]

UPDATE:

 

I received a reply today to my dispute letter (which was fast as my recorded letter only arrived with them yesterday apparently)...

 

They acknowledge my complaint and say they will allow themselves 8 weeks to resolve the matter.

 

They also state I can not complain to FSA until after they have responded (up to 8 weeks time) but should do so within 6 months of any response they will send.

 

The letter says that if they can not resolve my complaint they will write to me informing me why.

 

They conclude by asking me to log on and update my personal details so they can contact me.

 

In my dispute letter I sited the 'Approved Limit' as my sole reason. I did include many quotes from the various bits of the act covering the prescribed term 'Credit Limit'

 

Whats my next move? Wait for 8 weeks or complain to the FSA now? (I've stopped paying this month).

[basa48]

I'd just sit back and wait the 8 weeks and use that time to swat up on these forums !! :grin: