Hopster v Egg

[Hopster]

I clicked on MAIN FORUM but no new thread button on left - can you please re-explain ? Thanks

[ims21]

I clicked on MAIN FORUM but no new thread button on left - can you please re-explain ? Thanks

 

Here you go, click on this link...

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?51-Egg

 

A little way down on the left hand side you will see a blue button "Post New Thread". Click on it and away you go.

[Hopster]

In January 2008 Egg gave me and I believe 161,000 other cardholders

notice of termination when the accounts were not in default

and therefore no Default Notice had been issued

 

it was thought that Egg were acting outside the requirements of the Consumer Credit Act.

 

Egg said that they were acting under condition 20.2 of my Egg Card Agreement.

 

I received a Default Notice dated August 2008.

 

I believe that Egg would not had the confidence to have the case tested in court.

 

They then transferred the account to Barclaycard in April 2011

after a series of Debt Collecting Agencies had given up chasing the alleged debt.

 

On and on it went and then it went quiet for a long time.

 

Then Barclaycard wrote in February 2013 stating that the new owners of the account were Marlin Capital Financial Services.

 

It has been suggested that Egg acted outside the requirements of the CCA by invoking clause 20.2 of the Egg Agreement.

 

Is anyone else on the same path as me ?

If so what are you doing ?

Is there a deal to be done ?

Have the agreements been proved to be unenforcable ?

 

I imagine that there are another 161,000 unhappy cardholders out there.

 

I have been sent a "reconstituted"copy of a credit agreement by Marlin.

 

HELP !

[trout]

Hi Hopster,

 

In the same boat as yourself apart from the fact that Marlin have still to reply to my CCA request.

 

A recon as you know is ok for a CCA request and for them to continue enforcement activity ie phone calls, letters etc but as I understand it to enforce in a Court

they need a copy of the signed original agreement if taken out pre 2007, perhaps someone could clarify ?

 

trout

[Hopster]

Hi trout

My Egg Card dated back to early 2006 and the application was made online. There is no signed original agreement. You will doubtless get a reconstitued copy of the agreement in due course as have I. We are looking for someone who has been throught this and has had a result !

[Hopster]

Keep a record of every phone call you receive - date and time.

[trout]

If Egg have sent you a printed online agreement in the past, does the recon Marlin have now sent you match it ie int rates, charges etc ?

[Hopster]

I am checking and will advise.

[Hopster]

I was closed down too By Egg (one of the 161,000) was I lucky - why was I - I have yet to find one person who succesfully fought this unenforceability theory.- Have you ?

 

Mrs P was one of the 160000 that were lucky enough to have their Egg account wrongly closed many moons ago. Can anyone remember when this happened?

 

This was then taken over by Barclaycard and now is with Marlin. Seen a few threads with differing opinions of what to do, can someone please give firm correct advice as to what to do. I'm sure a lot of people would appreciate this.

 

Many thanks

 

Mr P

[Hopster]

Does anyone think/have evidence that the original Egg agreement is unenforceable for those of us 161,000 who were terminated when not in default ?

[Hopster]

Is there evidence of this ? If so please direct me.

 

These debts have been successfully challenged!

[slick132]

Hi Hopster,

 

Did you ever get a copy of the credit agreement from Egg or BC.

 

What does the clause 20.2 on the Egg agreement say exactly.

 

[Hopster]

It says "we can end this agreement by giving you not less cthan 30 days notice by post or email. If there are exceptional circumstances we can end it without advance notice. You can end it at any time by telling us to do so by post or email. In both caes the agreement will continue until you have paid all amounts you owe us"

The question is whether Egg acted outside the requirements of the CCA. It is suggested that they did - If you did back in the annals to 20th March 2010 a posting from cagger Chelsealove at 03.33 time, a solicitor, suggests that egg would be unlikely to pursue things in court/sue you/us re. non- defaulted accounts.

[Hopster]

God morning Brigadier

You say that these debts have been successfully challenged - can you elaborate please ?

[slick132]

Hi Hopster,

 

The post you refer to is here - http://www.consumeractiongroup.co.uk/forum/showthread.php?136848-Termination-of-Egg-credit-card-agreement&p=2836424&viewfull=1#post2836424

 

If yours was an online application, the tick box is acceptable (from April 2004) in place of a signature.

 

When the card facility was withdrawn by Egg in Jan 2008, was your a/c in good order, or in arrears.

 

Do you know when you last paid anything to the a/c, or acknowledged it in writing.

 

[Hopster]

My account was in good order when the facility was withdrawn. I have made no payment for years and have never acknowledged the debt in writing - I have communicated in so far as I have asked for copies of the original CCAa and asked at least one DCA for the same. I have also consulted a solicior who has asked Marlin for the same info.

[slick132]

Hi Hopster,

 

You say you've made no pay't for years. Do you mean you've paid nothing since the facility was withdrawn.

 

The a/c would be Statute Barred after 6 years of non-payment and this may be earlier than when the actual Default Notice was issued.

 

So the date you last paid toward the a/c will be crucial as regards the debt becoming SB'd.

 

Can you check exactly when you last paid.

 

[Hopster]

In June 2008 I sent Egg a £1 for a copy of the CCA - nothing since. Am I not right in thinking that there has to be no contact with an alleged creditor as well as no payment made for six years for Stute Barring ?

[slick132]

Hi Hopster,

 

We need to know when you last paid towards the a/c balance. The £1 CCA fee payment has no effect on the a/c as regards being Statute Barred.

 

For an a/c to be SB'd, there must have been :-

 

1. No payment made to the original creditor, or to any DCA acting on their behalf, or to any subsequent owner of the debt, in the 6 years after the a/c became delinquent.

 

2. No written acknowledgement made to the OC, a DCA or debt purchaser such as an offer to make reduced pay'ts, a promise to catch up on missed pay'ts or something similar. The CCA request is NOT such an acknowledgement.

 

[Hopster]

June 2008 - no offers to pay - no acknowledgement of debt made. What do you mean exactly by the account becoming delinquent ?

[Hopster]

Bad news - I have re-checked. I made a token payment on account to keep them at bay four years ago ! UGH !

[slick132]

Delinquent a/c = Out of order like over limit, missed payment, bounced payment.

 

Ok, so Stat Barred won't come back into play for another 2 years, ie 6 years after the last pay't.

 

Going back to your post #9 above, CAGger Chelsealove said (s)he was a lawyer but Consumer Credit legislation was not the area in which they worked. I'm not sure a practising lawyer would be willing or able to avoid a debt in this manner. Also, with just 19 posts to their name, their contribution to CAG has been limited and we could not, therefore, be sure they were well-informed enough to give great advice.

 

I know of no water-tight way of avoiding payment of an old Egg a/c like yours and, if you want to argue that it was terminated incorrectly and unenforceable, you may have to do more research yourself.

 

[Hopster]

Delinquent a/c = Out of order like over limit, missed payment, bounced payment.

 

Ok, so Stat Barred won't come back into play for another 2 years, ie 6 years after the last pay't.

 

Going back to your post #9 above, CAGger Chelsealove said (s)he was a lawyer but Consumer Credit legislation was not the area in which they worked. I'm not sure a practising lawyer would be willing or able to avoid a debt in this manner. Also, with just 19 posts to their name, their contribution to CAG has been limited and we could not, therefore, be sure they were well-informed enough to give great advice.

 

I know of no water-tight way of avoiding payment of an old Egg a/c like yours and, if you want to argue that it was terminated incorrectly and unenforceable, you may have to do more research yourself.

 

That info is really appreciated thank you. Thank you for the trouble you have gone to help.

[slick132]

Hi Hopster,

 

I should have said, I didn't follow that thread the whole way through.

 

It may be that there are one or more examples from other CAGgers that suggest that Marlin or earlier a/c owners may, or may not, pursue such a/c's when challenged on the basis of wrongful termination.

 

[Hopster]

Thank you again.