Egg Credit card 'Let the battle commence'

[Ron 2015]

Hi

 

I sent of for my EGG credit card CCA on the 4th Feb.

 

They have sent the request back saying it has to be signed !

 

They have returned the postal order but they have written Egg in the payee.

 

What should I do next ?

 

Peter

[blueda]

Dont sign the request or anything else, file the returned postal order.

[Ron 2015]

I have sent egg the following letter ( unsigned ).

Any ideas of what else I should / could do ?

Thank you for your letter dated 09/02/2009 the contents of which are noted

In your letter you make reference to requiring my signature before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my S77/78 request.

 

If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.

 

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 77/78 was made on 04/02/2009 and the 12 working days for your compliance expire on 20/02/2009. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

I look forward to receiving the documentation requested

 

Yours faithfully

[blueda]

Well done Peter E, that is a very good response.

[Ron 2015]

Just got a response from Egg.

 

Its asys they place paramount importance on the security of Data and will not provide anything without a comparative signature to check their records.

 

I dont think they have even read my letter.

 

I am thinking of send ing a copy of my passport ( with the signature blanked out ) and bills showing my address. ( Any future Judge will see I am being reasonable ).

 

I took this card out in 1999 , from what I have read Egg seem to have correct agreements.

 

I am amazed at how little regard the financial institutions have for the regulations they are supposed to abide by.

 

Any suggestions for my next step ?

[blueda]

The CCA requests i sent i printed my name, but did not sign, dont know if that would work. Make sure and keep all correspondence on your file and photocopy all letters before sending them, and post using 1st class recorded delivery. I would not want to send them my passport, i wouldnt give them any more information than i had to.

[cas93]

I used a signature which i made up especially for Egg - they obviously don't check signatures as they sent my cca's!! My christian name is hyphernated but I have never in my life signed it that way until January 2009 and only on correspondance to egg. If I were you I would just change the way you sign so that if they copy and paste it will be obvious. You can always prove the point later down the line by producing older items with your real signature on them. In my case it would be my passport and driving licence(8 years old), my marriage certificate etc

 

regards

 

cas

[Ron 2015]

Thanks for the tip Cas

 

I am making a digital signature on

 

Never sign anything. Use a digital Signature: http://www.mylivesignature.com/

 

Hope I get a response...

 

How did you get on with Egg , was their cca enforceable ?

 

Any other tips for dealing with egg ?

 

Many thanks

[cas93]

Hi Peter E

 

I got both cca's for my credit cards -unenforcible as they have no credit limit on them, and one of them has no cancellation rights when it should have (no tems and conditions either, just a load of screen prints relating to no-one in particular).

 

They failed to send the loan agreement so I have sent them a letter of dispute. But now DLC Collections are writing to me demanding payment- so I will have to write back:D

 

good luck with yours, if you get any back, post them up so we can see what you have please

 

regards

 

cas

[Ron 2015]

Update.

 

Just opened the post and Egg have finally sent my CCA!

 

I think the account in dispute letter has prompted this.

 

Although its not mine.

 

It has someone else's name on.

 

How daft are these people!

 

So I feel confident now , should I end up in front of a Judge I think this will be fairly useful.

 

And as PT has said the wording is wrong in places anyway on pre 2005 contracts so another one bites the dust.

 

lol

 

Ron

[jon888999]

Update.

 

Just opened the post and Egg have finally sent my CCA!

 

I think the account in dispute letter has prompted this.

 

Although its not mine.

 

It has someone else's name on.

 

How daft are these people!

 

So I feel confident now , should I end up in front of a Judge I think this will be fairly useful.

 

And as PT has said the wording is wrong in places anyway on pre 2005 contracts so another one bites the dust.

 

lol

 

Ron

Hi. I'm waiting for an egg CCA, if you give us an idea as to the area the CCA you have been sent is from and maybe the initials it might be one of us.

Oh I hope so! Complaint to Data Commissioner etc!

[Ron 2015]

Hi All

 

I have just recieved a court summons for a CC debt with EGG.

 

I have a solicitor who claims to be an expert ( actually a Barrister ).

 

Any known flaws in 1999 CCA agreements would be helpful.

 

Also anyone who has faced a similar situation with EGG would be good.

 

I wonder what they will say when we produce some one elses CCA!

 

I am still scared though.

 

One question , the case is scheduled for Northampton , can we request a local court ?

 

Thanks

 

Ron

[IdaInFife]

Hi Ron,

 

If when you fill in your acknowledgementment it will be transferred to your local court,

 

when is your defense to be in?

have you recevied a defaultnotice and termination notce? if so can you scan or take apic of these and post them up deleting any personal info and also post up the poc's?

 

also will get this thread moved or better help

 

ida x

[maroondevo52]

Thread moved to Legal Issues.

[Ron 2015]

Hi

 

Thanks Ida and Maroon.

 

As I said earlier in the thread they sent me someone else's CCA.

 

So My solicitor says it will be thrown out as they did not comply with my original request.

 

Here are the scans of the termination and default letters, are they correct ?

 

Thanks Ron

 

 

 

 

 

 

[IdaInFife]

the default notice looks ok

 

they will not throw it out because they haven't replied to your request.

 

it will dependant on what they produce as the agreement from your disclosure request

 

ida x

[Ron 2015]

Hi thanks for the respone. I thought the default notice looked OK.

 

My solicitor says that since I requested my CCA in Feb and received some else's agreement that the account is in dispute, as I sent them the dispute letter.

 

We shall see...

 

He is going to get an opinion on it.

 

I dont have any money anyway so it doesnt really matter if they win , they can have £5 per week if they like.

[Ron 2015]

Does anyone know if the 'Approved Limit ' on Egg CCA's on its own has made an agreement unenforcable in court for Credit cards?

 

Is there any case law/ history to show that it has been accepted by a court and thus made the debt unenforceable?

 

There are several mentions on the threads that the opinion is that it may , but I need some actual cases.

 

Thanks for any help.

[Ron 2015]

Egg have issued a claim at Northampton County Court for about 6K issued on 11 Aug 2009.

 

I called Egg and their solicitors to try and come to some agreement on payments and they both refused saying once court action has been started that they will not stop.

 

So I am thinking of trying the approved limit / credit limit defence.

 

But I dont know how to do it.

 

Where should I start ? The CCA I have is the standard one from 1999 and it has Approved limit on it.

[Ron 2015]

Help !

[car2403]

Why isn't your Solicitor dealing with this for you, then?

[Ron 2015]

He says he has taken advice from a barister and he thinks the Spurway decision ( as per PT Approve limit / credit limit ) is flimsy.

 

As I cant reverse the situation with Egg/ Drydens I feel that I may as well fight ( always been a fighter ).

 

As Egg changed the wording on their agreements in 2005 there must have been a reason for this. I assume the reason was the pre 2005 agreements were not correct. I cant find any reference to any Egg Credit card agreement court case on here ( only loans ).

 

Maybe I will be the first !

 

Where can I find help on how to file a defence , I am thinking once they see that I am going to fight they may back down. Bit risky actually going to court for them. Not me I'm broke...

[car2403]

I can't see the agreement on the thread, then?

[Hopster]

good luck

[Ron 2015]

Thanks Hop & Car.

 

The solicitor has it right now. I will post up as soon as I get it.

 

I know what I an going to use as my defence , but how do I play it.

 

On the form do I write unenforcable agreement and nothing else.

 

Or do I go into detail refering to Spurway and asking for an exact copy of my CCA and demanding the original be produced in court.

 

Other people have been through this ...