basa48 v Egg CC

[joneseyblod]

Not suprised at all! My SAR to Egg was well over a month late, I think nearly 6 weeks!!

[lollipop73]

It beggars belief that the so called authorities are doing exactly nothing to remedy what seems to be an industrywide failure to comply to legislation.

[basa48]

It beggars belief that the so called authorities are doing exactly nothing to remedy what seems to be an industrywide failure to comply to legislation.

 

I think SAR will have to be my next step. After reporting them for harrassing me with phone calls!!

 

I don't mind how long they take, every month means more cash left in the bank!!

[basa48]

Sigh ... getting 'secure messages' now advising me to contact them about bringing my arrears up to date.

 

Yeh right !! 8-)

 

Sent them a letter recently asking to advise which part of CCA 1974 allows them to 'terminate' my account last year when it wasn't in default.

 

That should cheer them up!!

[joneseyblod]

I would be interested in their answer to that! Had same thing happen with me but a different company this time.

[basa48]

I would be interested in their answer to that! Had same thing happen with me but a different company this time.

 

The Egg termination issue is quite complex. Their wording was to 'end' (their words) the agreement ... but, we must still honour our part by carrying on paying!!

 

Whilst this contravenes quite a few clauses of the 1974 and 2006 Acts (especially if the account was not in default), the big question is what a court might decide is the remedy?

[joneseyblod]

Hmmm interesting, but complex like you say.

 

I have a situation with a credit card that in order to accept reduced payments they had to default and terminate the account. I no longer get any statements from them but they still report the default and reducing balance to CRA's.

 

I also think the default notice could be invalid so if it ever goes to court I will use that one.

[basa48]

OK Egg are pestering me with secure messages asking me to pay them plus letters saying they complied with s78 and the matter is closed. All standard stuff.

 

I'm just wondering at what point one of us gets fed up and starts a claim :?

 

If it's me can anyone suggest part 8 or fast track? (The debt is over £5K).

[Help48xxx]

Hi folks,

 

sorry to butt in but I did you all tell Egg that you were having financial difficulties and ask for help and then have to go to the CCA stage? I need to get in touch with them soon and know that if the next payment via DD goes out in May it may just bounce.

 

Any info on what their reaction was to your problem would help ,as would info about how and when you stopped payments, (ie cancelling DD).

 

Thanks,

 

xx

[lollipop73]

After a rather pointless telephone conversation about how they couldn't accept a lower payment and do I have a debit card they can take full payment from I ended the call and came here.

 

They ignored me completely and have continued more or less to do so, so I can't offer any help or assurance that they are sympathetic or understanding. My experience tells me they aren't.

 

I questioned my CCA because I wanted a strong case to force them to accept lower payments.

 

 

I found here strong argument that my CCA is unenforceable and that I was under no obligation to make any payments. I have sent them numerous letters, they have chosen to ignore my comments regarding unenforceablility and issued a default notice.

 

I have chosen therefore to ignore them in turn, and will continue to do so until they drag me into court, OR acknowledge they have a problem.

[Help48xxx]

Hi lollipop,

 

thanks for your post. I'm in a bit of a dilemma. I don't want to hijack this thread but know I need to take decisive action asap. I am used to creditors taking the S-L-O-W route when folk suffering financial probs contact them to ask for reduced payments. I simply don't think I have the time to dally with them.

 

I deal with them via the internet and have noticed that they can't supply with my a copy of my CCA online. Is this pretty common?

 

I value the experiences of people on here that have dealt with Egg etc so I don't shoot myself in the foot.

 

Basa, please accept my apologies for jumping in here. I will start my own thread once I decide which action to take...promise:)

 

xx

[lollipop73]

No one can view their agreements online-I don't know why.

 

There is no shortcut, either you find the time to deal with them or you don't, either way they will try to deal with you.

 

 

Have a read through the various threads, only you can decide which way to go.

 

I spent a lot of time on here at first reading and re reading, then I downloaded and read and re read the consumer credit act, then the same with the data protection act.

 

It is mind boggling and very time consuming, but ultimately enriching.

 

Bear in mind

 

 

There is no such thing as debtors prison, and they can only take from you what you have to give, nothing more.

[basa48]

Hi lollipop,

 

thanks for your post. I'm in a bit of a dilemma. I don't want to hijack this thread but know I need to take decisive action asap. I am used to creditors taking the S-L-O-W route when folk suffering financial probs contact them to ask for reduced payments. I simply don't think I have the time to dally with them.

 

I deal with them via the internet and have noticed that they can't supply with my a copy of my CCA online. Is this pretty common?

 

I value the experiences of people on here that have dealt with Egg etc so I don't shoot myself in the foot.

 

Basa, please accept my apologies for jumping in here. I will start my own thread once I decide which action to take...promise:)

 

xx

 

No problem 48xxx, it's a quiet time for me atm anyway ;-)

 

When did you get your Egg card, was it postal or internet application?

 

If it was a postal application before say 2005 there is a good chance the agreement is unenforceable and you can stop paying anyway (check back here first). If later or online you will probably find it is enforceable and you'll have to make whatever arrangements you can with Egg.

 

Like Lollipop said, they can't take what you haven't got. Egg might threaten nasty things but in the end a court will only ask you to pay whatever is reasonable even if that is £5 a month.

 

For now look around the Egg threads for the template letter asking for your credit agreement from egg (it'll only cost £1 ).

 

Check back here soon.

[Help48xxx]

Hi Basa,

 

thanks for letting me barge-in.

 

I honestly can't recall when I took the card out but it was well before 2005. I think, (but only think), it was an online application so it looks like my CCA will be enforceable. I was going through a very bad time so my memory is a little hazy, and irritatingly poor.

 

I have been on here for a while and have had fantastic support and advice from so many people to deal with creditors, but I was concerned that to simply cancel my DD might be seen by them as antagonistic. I plan to write to them asap and let them know I'm having financial probs, but am a little reluctant to request a copy of my CCA until I've heard what they have to say. I imagine they get a bit narked by that sort of thing!

 

I am so grateful to you for your advice and will keep reading this thread even when I start my own one, which, no doubt I will have to do.

 

xx

[lollipop73]

Don't be afraid - ask them for it and start the first step to taking control.

[basa48]

Chill out and take control.

 

BTW I honestly don't know when Egg started online agreememnts and unfortunately know even less about what shortcomings the online application had.

[cds]

I think egg have always done online applications but until dec 2004 they had to have a signature for execution.

 

It is your statutory right to request your cca at any time during the course of the agreement. As long as you haven't requested one within a month previously.

 

Just because you request one does not mean you are intending to kick up some sand, and if you are paying your monthly obligations they cannot take action of any sort.

 

cds

[Help48xxx]

Thanks for that cds.

 

My daughter reminded me that I used my egg card in October 2004 so I know my application was many months before that.

 

I think I know how to proceed now, so will start my own thread when I've got things under way. I don't want to intrude too much on basa's thread.

 

Many thanks,

 

xx

[A+]

Help48 - Do NOT worry about how it will be 'perceived' when you claim your legal rights to a polite and formal request for documentary evidence of something. Remember just what these companies are about, saddling the world with debt so they stay rich and we stay poor. Furthermore, if there was one SINGLE getout they could use (for example if you tried to claim under payment protection insurance due to illness etc) THEN THEY WOULD check every I is dotted and T is crossed, and it would be nothing personal either, its just business (they invent the ways it works, not us). So treat this just like business, and sensible logical thinking, a company is asking for money from you, you are asking for proof of a debt. Thats all, you are not saying you don't think it exists, you are saying "under my rights, please could i see a copy? Thanks" so relax and think more about your rights and duty to yourself, rather than towards them and their mood. To be honest, it will be very coldly dealt with anyway, mostly through computers and printers. Nothing to worry about, but i would add that if you feel troubled by the idea of asking for your rights to be acknowledged THEN THAT IS SOMETHING WRONG IN ITSELF!!!

Go for it, good luck and keep us posted.

[basa48]

Just to add to A+'s comments. Don't forget the Consumer Credit Act was introduced precisely to protect the consumer from unscrupulous money lenders (read credit companies).

 

Also think about this. The world is in dire financial straits at the moment because of whom precisely? Correct .... unscrupulous Banks and finance houses. Think on who is now being asked to pay THEIR debts ... yup US!!!

 

And also note that in USA there are already cases stacking up of finance companies being investigated for shady dealings with the bailout funds!! Unbelievable.

[Help48xxx]

Hi basa & A+,

 

thanks for the comments, they are appreciated. I should clarify though that I'm not scared of asking for a CCA...I have done so a good few times since my financial problems arrived thanks to the great advice I have received from Caggers.

 

I just needed a bit of guidance from you guys about Egg's attitude to debtors when they simply can't afford the payments any longer. It looks like they are one of the worst to deal with though, and so a CCA request is an absolute in my view.

 

I have the initial letter sorted, so the DD will be cancelled shortly. Then I imagine it will be time to get ready for the fight! Unless any of you think I am doing this the wrong way.

 

xx

[basa48]

Hi basa & A+,

 

thanks for the comments, they are appreciated. I should clarify though that I'm not scared of asking for a CCA...I have done so a good few times since my financial problems arrived thanks to the great advice I have received from Caggers.

 

I just needed a bit of guidance from you guys about Egg's attitude to debtors when they simply can't afford the payments any longer. It looks like they are one of the worst to deal with though, and so a CCA request is an absolute in my view.

 

I have the initial letter sorted, so the DD will be cancelled shortly. Then I imagine it will be time to get ready for the fight! Unless any of you think I am doing this the wrong way.

 

xx

 

I'm told Egg are completely ruthless with people who cannot afford the payments. I didn't let it get that far with them ... I struck first.

 

CCA is absolutely the correct first step (as you know).

 

Since I cca'd them and then disputed them and stopped my DD they have been surprisingly quiet. I did cite quite a few reasons for the dispute including the termination letter.

 

I do think they know they're on a very slippery slope with some of these accounts.

[A+]

Help48, good for you. I have TWO ongoing disputes with Egg and i agree they are one of the worst, but far from being THE worst in my experience (15 creditors no less).

 

As Basa correctly states (as usual ) the CCA is only the first step and in my view Egg is almost guaranteed to have made a mistake or malpractice SOMEWHERE along the line, if they haven't yet (which i doubt) then playing the game for all its worth will probably cause them to walk into doing so very soon in some way, and when they do, be READY

[lollipop73]

Hi Help 45,

 

 

just this minute I have opened a letter from Egg informing me that they are happy to reach an agreed payment arrangement. This is almost 4 mths since I CCA'd them. The only problem is-the account is in dispute AND the number they gave me is the same number I rang some time ago telling them I was in difficulties. They weren't exactly sympathetic that time-what makes me think they will be any better????

 

 

 

Absolutely and categorically NOTHING.

 

 

Basa is right-they are ruthless, they got one chance and one chance alone, which they chose to throw back in my face-then I found this place. They won't get that chance again.

 

 

There is only one way in which they will get any money off me-and that's when a judge tells me to.

[Help48xxx]

Hi all, and thanks again for the advice etc.

 

I recently received an email which was headed 'Changes to your Egg Card Agreement'. They stress how important it is that you understand how important it is to know what the changes mean you you but If you can't access your agreement via their 'secure' site, then how can you possibly check how these changes will affect you?

 

All the more reason for anyone who has an alleged agreement with Egg to ask for a copy of it...........seems fair to me!

 

xx