meerkatsmimm vs. EGG Card

[meerkatsmimm]

Hello Folks,

 

This is another of my accounts, hubbies info will follow under his own thread.

 

Currently we are on £1.00 agreed payment plans with EGG, and give them their due, they have been pretty decent to date in how they have dealt with us.

 

I was one of their 'preffered customers' who got told last year they were no longer honouring my Credit line with them, and that i had to cease using the card with immediate effect. At that time I had an excellent credit score, no late payments since taking it out and yet my husband got to hold onto his card! anyways....

 

I recieved a Default Notice 5th March 09, its listed below, and I would appreciate it if those who know wouldnt mind having a look over it to see if its as it should be.

 

As with several of my other accounts, I have paid PPI on this card and cannot claim, although that didnt stop them continuing to take PPI payments!

 

While I dont want to rock the boat when they have been so agreeable to date, I sent through a CCA request on 4th March and to date have received nothing back as a response.

 

I noticed the last time I was in the online secure area, that they have a clickthrough allowing you to view your agreement online. Strangely, neither mine nor my husbands was available.

 

My account was started early 04.

 

Having read some other threads, EGG dont seem to want to send CCA's out, especially earlier ones. What should be my next move as I dont want them to sell me on, but I do want to push things to the next stage?

 

Will continue to make agreed payments, even though I got a very odd letter this week stating their intentions to take me to court for non-payment (even though they have set up the agreement!)

 

DN below, all help appreciated from you kind folk x.

 

 

 

[meerkatsmimm]

is this a valid DN?

[dx100uk]

cant see anything wrong with it.

though i am puzzled as to why they are sending it as they agreed to your dmp.

 

i'd send them a secure msg and question why they have sent it.

 

i'd also cancel and reclaim that ppi!

surely it was mis-sold?

 

dx

[meerkatsmimm]

thanks - had hoped the DN was invalid but was pretty sure it was ok. Have a DN from NCCS which I do believe to be invalid - no date when it expires - just says 14 days from date of letter - am i right in thinking they have to actually put the date rather than just say 14 days?

 

If so then, if they terminate the account due to this dn what am i due to pay?

 

Thanks

[dx100uk]

you'ed have to post a few more details on the last q, but yes it must give a date on the dn.

 

dx

[meerkatsmimm]

http://www.consumeractiongroup.co.uk/forum/nationwide/193958-meerkatsmimm-nationwide-cc-default.html#post2098638

 

this is the link to my nccs default notice - anyone advise as to whether it's valid?

 

Thanks--

[BEC01]

Sorry, not able to comment on DN, I just don't know the answer.

However, I do know that if you agreement was pre-2005 it is highly likely that it is unenforceable and you should act on this immediately.

[militantconsumer]

Two threads are recommended reading and both apply to you

 

Potentially unenforceable Egg agreements

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html

 

The Egg Card credit facility termination issue

http://www.consumeractiongroup.co.uk/forum/egg/136848-termination-egg-credit-card.html

[meerkatsmimm]

Thanks for that millitantconsumer, Having a read now as we speak!

[meerkatsmimm]

Small update on this,

 

Egg have now terminated my account, so its a pity the DN isnt invalid in someway!

 

They have again recently confirmed the token payment set up, but having CCA'd them over a month ago their only response was that to process the info (the CCA request) then I would need to send them a signed declaration and proof of address, plus copy of either drivers licence or passport.

 

This strikes me as very strange, as it is very clear I dont have to sign the letters for a CCA request and they know this - so why are they stalling?

 

Both our accounts were late 03/early 04 so would have fallen at the time before it wasnt a requirement to provide a signed agreement for electronic applications, so my thoughts are that they are trying to get two signatures.

 

How should I progress this with them? Thanks x

[militantconsumer]

This strikes me as very strange, as it is very clear I dont have to sign the letters for a CCA request and they know this - so why are they stalling?

 

Both our accounts were late 03/early 04 so would have fallen at the time before it wasnt a requirement to provide a signed agreement for electronic applications, so my thoughts are that they are trying to get two signatures.

 

You can argue with them about whether or not you are required to provide a signature, or you can give in and sign the request. If you do, make sure you sign in such a way that you will recognise your signature if it ever appears again..... Photoshop and all that.

[meerkatsmimm]

Thanks militantc,

 

I argued the case with CAP1, who steadfastly refused to provide me with anything I asked for without my correct signature, and they backed down when I quoted the 'you have been writing to me at this address and its not a legal requirement for me to provide this signature for a CCA request'.

 

So think I will try this, just wish the DN had been invalid in some way, since they have now terminated me!

[meerkatsmimm]

Hi Folks,

 

Believe it or not, I have not had anything from Egg since this in April.

 

I have CPR'd them with letter one and had no response.

 

My SAR is due early July, nothing as yet.

 

No CCA from them as yet and I sent a letter to them stating that I didnt need to provide any proof of signature, they had been writing to me at my address for months without any issue.

 

Hubby got the same letter asking for proof of identity, sent the same letter, and got his agreement (abet an approved limit jobby) within a couple of weeks.

 

What now? My original request for a CCA was very early March!

 

Have continued to pay them the £1 per month they agreed to - should I stop this now or am I leaving myself open?

 

Sending CPR letter 2 and a further one asking to put my twice terminated account back to zero and stop processing my data. Anybody have a good template for this kind of letter?

 

Thanks,

 

meerkat x