Egg Card And Default Notice - invalid?

[harrassed senior]

Whilst the account is still in dispute then numbers 1-3 above should not have happened.

 

I am just adding this as it will 'bump' you up the list so that others with more knowledge will be able to offer advice

[Stagparty]

Sorry Angry Cat - I deleted the date from a paranoid and irrational fear of it being traced!" It was signed in June 2004. Hope that helps!

[angry cat]

We need to know what date was the alleged agreement signed?

 

Also, you may obtain more assistance on the following forum:

Egg - The Consumer Forums

 

And here:

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

 

AC

[Stagparty]

It was signed in June 2004.

 

Thanks for the links as well, I'll have a look and see what I can spy.

[angry cat]

Well Stagparty, the alleged agreement does not refer to:

"Credit Limit"

rather: "Limit".

 

Whatever, that is supposed to mean.

 

Also I cannot see that you were supplied with any separate Cancellation Rights?

 

Anyhow, have a good look at the Links:)

 

AC

[Stagparty]

OK - I've spent the last 5 hours or so reading the "Egg Credit Agreement - what I think is wrong with them" thread. Wow - my head is spinning!

 

Based on that it appears that my alleged agreement above the reasons for disputing it would be :

1. It refers to the Approved Limit/Individual Limit rather than Credit Limit

2. No interest rate is quoted for Cash Advances

3. No reference is made to default charges etc.

 

Am I on the right track here?

 

(Mods - please feel free to move this to the specific Egg thread if you feel it would be better there)

[angry cat]

Yes, you are on the right track!

 

AC

[Stagparty]

Thanks for the confirmation there AC

 

At the risk of sounding completely stupid - does the point that Egg sent only those two sheets (which appear to have been copied onto their letterhead - as one side is upside down! and there is a staple mark in the top corner of one page) with no associated terms and conditions have any relevance at all?

[Stagparty]

I also think Egg may well have broken a few rules along the way... below are the dates of "happenings"

 

1. Beginning April 09 - sent Egg template letter from CCCS offering a token payment and enclosed first payment,

2. Beginning April 09 - sent CCA request to Egg.

3. Mid April 09 - received Default Notice from Egg.

4. Early May 09 - got letter from Egg saying they wouldn't renew the card when it expired.

5. Mid May 09 - sent Account in Dispute Letter to Egg due to them not complying with CCA request

6. Mid May 09 - got letter from Egg requesting additional info re my identity for CCA request - repiled and told them to get on and do it and that I didn't need to provide additional information.

7. End May 09 - Received a letter agreeing to my token payment for 6 months also suspending interest etc.

8. End May 09 - Received letter from Egg terminating the account for failure to comply with the Default Notice.

9. End May 09 - Default registered with Equifax.

10. Start June 09 - got another letter asking for additional ID re CCA request - wrote a stroppy one back firmly pointing out the account is in dispute

11. Mid June 09 - Wrote and reminded them they hadn't complied with CCA request, that the account was in dispute but "on a strict without prejduice basis and as a gesture of goodwill" enclosed the token payment.

12. Mid July 09 - Same as point 11.

13. Start Aug 09 - Received alleged agreement with just a compliments slip.

 

So it appears that, despite Egg knowing that they haven't complied with the CCA request, they have gone ahead and firstly issued the Default Notice, then Terminated the Account and Registered the Default.

 

To date I have made the payments I agreed to on a without prejudice basis in order to protect myself should the alleged agreement be valid.

 

It seems that Egg have just blatently ignored the law (I guess reading other threads this shouldn't surprise me).

 

Can anyone please suggest some tactics for picking this apart?

 

Again, thanks in advance

SP

[angry cat]

Please post up the Default Notice and date of receipt of same;

remove your personal details prior to posting.

 

Remember, you are not alone, many people ahve been treated similar by Egg.

 

Sounds like Egg are still in breach of your CCA Request

 

AC

[Stagparty]

Thanks AC - it's easy to let things seem too big a hurdle to climb and the help one receives on here is amazing. I can't thank people, including yourself, enough.

 

The Default Notice is below, as requested.

 

This is page 1

This is page 2

This is page 3

 

It was sent on 20 April 2009

I received it on 23 April 2009

 

I wonder if I may be really cheeky and ask you to cast yoru eye over my Nationwide thread too - those people are really getting my goat at the moment.

[Stagparty]

Would you please explain why Egg are still in breach of the CCA request please? Is it because the alleged agreement is defective or because they haven't sent the Terms & Conditions etc, or am I barking up the wrong tree entirely?

[angry cat]

Would you please explain why Egg are still in breach of the CCA request please? Is it because the alleged agreement is defective or because they haven't sent the Terms & Conditions etc, or am I barking up the wrong tree entirely?

 

Egg, need to provide the inception T&C's and;

Cancellation Rights.

 

AC

[Stagparty]

Ah ok - thanks for that AC, so should I write back and say they haven't complied with my request as they haven't sent everything therefore the account is still in dispute?

[angry cat]

That is exactly what I would do, if I were you.

 

You made a legal request under section 78 of the Consumer Credit Act 1974;

section 78 requires that the Creditor complies fully with your request by sending you a true signed copy of the credit agreement...and any other document referred to in it.

 

AC

[Undercover-Elsa]

Hi Stagparty

They should also have sent a statement of account plus the rest as stated by Angry Cat.

So still in dispute till they comply

Elsa xx

[Stagparty]

Thank you very much Elsa, and again AC - sorry if it appears like I'm asking stupid questions. I'm trying to understand things as I go on so that hopefully I'm not too much of a pain by asking the same questions going forward!

[angry cat]

Yes, Elsa is quite right;

Egg should have provided a statement of account also.

 

Technically Egg remain in Default of your section 78 CCA plus they have Defaulted & Terminated your account whilst in breach...a naughty Egg!

 

I guess, there must be some unlawful penalty charges involved here and possibly PPI, did you take out the PPI?

 

When did you receive the Termination letter from Egg?

[Stagparty]

Hi

 

To be honest there will be very few penalty charges. Within a month of me telling them I was going to be struggling they'd started the above process. Up to that point I'd never ever missed a payment in the 5 years I'd had the card. This is one of the things that has stuck in my throat - by being honest and upfront and following the advice to communicate with creditors, they do this immediately. I actually told them before I'd missed a payment!

 

RE the PPI - I did take it out, but I made a couple of significant successful claims on it, far more than the premiums I've ever paid, so I don't think I should persue that line.

 

I received the termination letter the last in the last week of May - considerable after they were in breach of my CCA request made at the start of April!

 

Am I right in thinking that by defaulting and terminating the account whilst in breach of the s78 request that Egg have potentially caused themselves some grief, if by some miraculous chance that the alleged agreement was deemed compliant?

 

Again if I've understood it correctly, they have possibly made an unlawful recission of contract and so would only be entitled to the amount of arrears at the time of the breach?

[angry cat]

Any penalty charges will render the remedy amount on the Default Notice (DN) inneffective;

thus Egg have Terminated the account on the back of an inneffective DN;

as I said before, a naughty Egg and they have caused to themselves some considerable trouble.

Furthermore, the alleged agreement IMO is not compliant.

 

Please take a look at the following thread, upon which I have placed a link to this one:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/208663-tale-dodgy-dn-further-86.html

 

AC

[Stagparty]

Wow - that's a heck of a thread - On the basis it took me about 5 hours to read the original Egg thread you references, I guess I'll see you back here sometime midweek lol!

 

If you want another example of what may well be another dodgy DN please check out my Nationwide thread - again, any comments you have will be gratefully received!

[Stagparty]

OK - today I have received a letter from Egg threatening legal action as they haven't been able to contact me (well - I've had no missed calls or answerphone messages so I guess they haven't actually tried) if we can't agree a repayment schedule.

 

There hasn't been any more correspondence since I last posted.

 

May I have some suggestions as to how to take this one forward?

 

I think the choices are;

 

1. Phone them and discuss a repayment plan

 

2. Write and inform them that they are still in breach of my CCA request.

 

3. Write and inform them that they are still in breach of my CCA request and that whilst in breach they also issued a default notice, registered a default, terminated the account on the back of a defective DN (as the account was in dispute) and attempted to collect on the account whilst it is in dispute and finally threatened legal action whilst the account is still in dispute.

 

I'm leaning towards an "i'm confused" type of letter combined with number 2 above. Although I have to admit number 3 is rather tempting.

 

All suggestions and advice is gratefully received.

 

Thanks

SP

 

Any suggestions anyone?

 

Could anyone please give me some guidance as to which way to go with this at the moment? I'd really appreciate it.

 

(Mods - is it possible to alter the title of the thread to "Egg - valid CCA? Now Defaulted, Terminated and Legal Action Threatened" ?

 

Is there anyone on the night shift that can help with this please?

[blueotter]

Bluffing aren't they ?

They've not complied with your cca request,issued a default notice ,terminated your account and now they want to discuss a payment plan !

I have an egg thread going as well and currently have my account in dispute,no doubt i'll hear from them soon. I just need to find a thread where egg have taken somebody to court and tried to enforce their cca,perhaps somebody can advise if that's happened and then we'll both find out.

[Stagparty]

Unfortunately blueotter, no they aren't bluffing - I think they think the law only applies selectively to them.

 

I'd prefer to avoid the hassle of having to defend legal action from them right now, even though I *think* I've a pretty good case due to a few health issues cuurently going on.

 

I think the easiest course of action right now is send the "erm, why are you threatening this when the account is in dispute and you have not complied with the CCA request" letter and save the other bits until later.

 

As to Egg CCA being enforcable, if you look towards the end of the thread "egg, what do I think is wrong with their agreement" I think you'll see that pt (one of the site team) has a case before the courts later on in the year to determine the validity of the agreements.

[blueotter]

I'm in the same boat as you so i'll keep an eye on your thread, sure somebody else will be around tomorrow with some advice but i can't see what else people like me and you can do bar playing bat and ball with them. Just surprised that after terminating your account they now want to reach a payment plan agreement with you.