Egg, Sent an Unsigned CCA....Unenforcable? Maybe, but I smell a rat!

[St1973]

I sent a 12+2 day reminder letter last week to EGG informing them that my account is now in dispute. As a result I informed them that they have no right to demand payment nor add charges to my account.

 

Today I recieved a letter from EGG stating the following...

 

"Contrary to the assertions in your letter, the documents enclosed in response to your request constitutes a copy of the executed agreement. This consisted of a copy of the agreement you originally entered into, together with the current terms of your agreement as required by the Consumer Credit(Cancellation Notices and Copies of Documents) Regulations 1983.

 

As permitted by these regulations, the copy of the afgeement that you entered into is a 'true' copy, reproducing the original terms and format of your agreement but omitting signature boxes and signatures. As a matter of law the documents we enclosed in response to your request constitute a true copy of the executed agreement"

 

 

Any opinions?

 

Mine is, until I see my signature on that agreement (it was back in 1999) then it remains in dispute.

[cerberusalert]

Send them this letter recorded delivery (print your name,don't sign it)............

courtesy of Fuzzybobble;

 

Send them this letter recorded delivery (print your name,don't sign it)............

courtesy of Fuzzybobble;

 

Dear Sirs

 

Account number

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.Additionally i require the underwriting sheet or other document showing any commissions paid to you by the broker or by you to the broker

 

Obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides.

 

I look forward to your reply and wouyld ask for a response by 4pm on XXXX Date ( Give 21 days to respond)

[St1973]

Many Thanks!

 

I will, first thing.

 

They know as well as we all do that a signed copy would end the dispute. I believe they dont have it as I was one of the 60000 that had the card cancelled for no reason last year!!!

[St1973]

I have scanned in the Letter for your perusal....

 

Enjoy...

Edited March 4, 2009 by St1973

[cerberusalert]

It's their normal bluster & wind response:rolleyes:

[ohoh4312]

You have inadvertantly left your name on the letter - suggest you amend pronto before "anyone" identifies you.

[St1973]

Amended the letter....

 

I havent paid them a penny since they defaulted so I am correct in doing so I assume?

EggLetter1.pdf

[cerberusalert]

Yes you've sent them the letter disputing the account so you are legally entitled to withold payments.

[St1973]

I recieved this email from EGG. The account is in dispute in my opinion. My CCA is being audited by a soliciror and I am awaiting a response from him. In the meantime, anyone have any weasely words I could reply with?

 

 

 

Dear XXXXXX

 

I've spoken to our Customer Relation Office and they've rejected your complaint, you'll be receiving a letter shortly to confirm this.

 

If you wish to take the matter further, you'll need to contact the Financial Ombudsman, their contact number is 08450 801800.

 

Thanks for your message.

 

Regards

 

A. Joke

Internet Customer Services

[Gary29]

Have you sent a dispute letter, to show that you consider the account to be in dispute?

[St1973]

Yes, and they acknowledged it

[PGH7447]

in that case send your complaint to the FOS, and use the email as their final response

[St1973]

How does this sound as a reply...

 

As the account was placed in dispute on the 18th Feb 2009 you are not legally obliged to reject this account until the original signed agreement can be produced.

 

If you continue to persue this account before it is properly resolved I will formally complain to the OFT and the FOS.

 

Until such time you are kindly requested to follow the written request under section 77/78 of the CCA 1974.

[St1973]

This dispute has been going on for a while now and was taking over by a solicitor. For a while now EGG have sold the debt to Uncle Fred, who has been rebuffed by myself personally with all copies sent to the solicitor. Now this has arrived from carter Solicitors...what should I do in response??

 

The case is still under dispute and they have been told so....

Carter.pdf

[Master Chief]

subbing.

[DonkeyB]

Egg is still the client, so probably not actually sold. Remind Mr Carter that the CCA request remains outstanding.

 

Even as a reconstruction, the fulfil the CCA they would have needed to send the T&Cs at the time of opening the account, together with the current T&Cs. And your name and address must be thereon, and exactly accurate as of the time they were originally issued.

 

Getting hold of the executed agreement is a different matter...

[St1973]

Would the template letter referring to an account in dispute be adequate?

[babybear39]

Yes. Even BC should be able to understand that one

[St1973]

Latest from Uncle Fred...seems hes ignoring everything I send them..

 

Any idea of a stern and final response?

tino_0001.pdf