cupcake68 Vs Egg

[supasnooper]

Nope, just send Fredricksons the bemused missive.

[cupcake68]

Cheers SS!

 

Cupcake

[cupcake68]

Hi

 

I have received a reply from Fredricksons that includes a copy of my Egg agreement!

 

This was an online agreement apparently applied for in July 2007.

 

What happens now?

 

They terminated whilst the account was in dispute but now they have sent me the agreement!

 

HELP!

 

Cupcake

[supasnooper]

I'm presuming you've read pt2537's thread on Egg Agreements.

If not, here's the link - Egg Credit Agreements-what do i think is wrong with them

 

How does your agreement compare ?

[cupcake68]

Thanks SS!

 

I'll have a look at it tomorrow when I have time (and quiet!!) to digest it.

 

Was thinking, surely they were very wrong to DN me when they hadn't complied so maybe my first move should be to complain to FOS and get a reference number from them. I've read on another thread they back off once they know FOS are involved and might buy me a bit more time.

 

Is this worth a go?

 

Cupcake

[supasnooper]

Yes, write a letter of complaint to the Financial Ombudsman as soon as possible.

 

However, I think the key to this case is the agreement.

[cupcake68]

Thanks SS!

 

I'll do that and have a good read of PT's thread.

 

Have a good day!

 

CC

[cupcake68]

Hi

 

I have not had the chance to sit (in peace!!) and take in all the information in the very long thread of PT's but I am getting there!!!

 

I am going to post up the agreement Fredricksons sent me here Looking at it, it looks as if they just printed it off themselves (as possibly I might have been able to!) from my online account. I'm guessing this because of the print notes ate the top and bottom of the pages.

 

Is this correct and if so does that mean they didn't have to reply to my request for CCA?

 

I will be looking at PT's thread tonight once the kids are in bed!! to try and find some fault with it.

 

Thanks for any advice.

 

Cupcake

Edited June 24, 2010 by cupcake68

[cupcake68]

Just starting to read PT's thread............

 

Being that my agreement appears to be printed off on 16/12/2009 would that not probably be my current agreement?

 

Surely they have changed a few bits since 2007?

 

Cupcake

[cupcake68]

Ok!

 

I cannot see any mention of charges on my agreement (ie default charges etc)

 

Also found thid on PT's thread

 

As to enforceability? an agreement cannot be enforced unless there is a term stating the credit limit, the term must be easily recognisable to the layperson as being a term setting out the credit limit (s9 makes it very clear the distinction between credit and all other charges)

I also don't see any mention of my credit limit......!

Only on p9 of 75 so will no doubt find out more..........

 

[sarnie2109]

I have almost an identical agreement to you!! The letter fom bryan carter is identical!

But yours has some extra bits! and some amounts are different. I have put yours and mine althouh the amounts will differ I guess as the rate is different.

3 APR yours 16.9% variable mine is 15.9%

4.1 dates and % different (but mine wa before yours)

4.2 yours says condition 17 mine says condition 11.6 or 17

4.5 I DON'T HAVE THIS!

5.2 I have (i)card payment protection premium (if applicable) and charges

(ii) cash advances including your current statement

(iii)identical aprt from i have purchases included in your current statement (including purchases at a promotional rate)

(iv) Cash advances put on your account after your latest statement date; and (v) purchases put on your account after your latest statement date.

6 yours says £130.37 mine £123.65

7.1 yours is £16 mine is £20

7.2 yours is 3% mine is 2%

 

Mine is dated january 2006 and all the paperwork came from Bryan Carter & co.

I will subscribe to this thread as i will be very interested to see what happens.

Good luck

[cupcake68]

Hi Sarnie

 

I'm a little bemused by this account!!

 

I expected Egg to return my CCA request immediately. This was a card taken out quite recently and was applied for online, so I assumed they would produce an enforceable agreement.

 

They didn't reply and then they sent a DN (didn't appear dodgy - although I'm not sure about the numbers they were quoting!) and terminated without replying to my CCA request.

 

So I don't really know where I stand!!

 

I assume if they terminated without supplying the requested paperwork they were at fault but... having now sent me this latest copy of my agreement are they still wrong?!!

 

I owe Egg £15k so I am keen to find out where I stand!

 

Cupcake

[sarnie2109]

No doubt we will both here something eventually!!!

[cupcake68]

I guess!!

[cupcake68]

Hi guys

 

I have now received letters from Fredricksons and Bryan Carter on this account.

 

Freds offering me full and final settlement if i contact them within 48hors of their letter (not sure how I do that being that it is dated 080210 and I only received it today!!

 

B C saying I must pay in full within 14 days of 220110 or they will recommend their client that proceedings be issued without further notice.

 

HELP!!!! (please!)

 

Cupcake

[cupcake68]

Hi Guys!

 

I sent this letter to BC last week....http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

 

but crossed in the post, I received a letter from BC on Saturday saying if I do not pay up "COURT PROCEEDINGS WILL BE ISSUED ON 23 FEBRUARY 2010 IF PAYMENT IS NOT RECEIVED AT THIS OFFICE BY THAT DATE"

 

Should I be concerned?

 

Thanks Cupcake

[Bigdebtor]

Cupcake

 

Can you not agree some token monthly payment to buy time until PT's case has been heard? That is wehat I did with Egg via Fredericksons (now only paying £5 per monmth) and BC has been told to back off meantime.

 

BD

[cupcake68]

Bigdebtor

 

I could do that but will I not be contradicting myself if I do that? On one hand I am saying I will not pay while the account is in dispute and it shouldn't have even been passed to you and on the other I am offering to pay.

 

Would I just phone up and make a payment? Otherwise I couldn't get it there by 23rd!

 

Thanks cupcake

[Bigdebtor]

You could ring and offer a debit card payment by phone - but only on basis that they suspend things and don't proceed with action on 23rd.

 

Otherwise there is always the chance they are bluffing and won't do anything anyway on 23rd.

 

BD

[Bigdebtor]

Cupcake

 

I've been thinking about you all night.

 

I think the fact that the letters crossed in the post gives you a chance to get things put on hold without losing face or paying out.

 

Why not e-mail [email protected] or info@bryancartersoliciors,co,uk and send a soft copy of your letter telling them the 2 letters crossed in the post and you assume they will now wait on Egg getting their act together as required by law?

 

I e-mailed our nice Uncle Bryan and funnily enough got a reply from [email protected]

 

BD

[cupcake68]

Thanks for the advice BD!

 

I'll have a think about it.

 

I was also wondering if I could put them off for a bit if I make a complaint to the FOS.

 

Or is it too late?

 

Cupcake

[angry cat]

You need to submit your complaint prior to the 23rd!

 

The online complaint form:

 

our complaints procedure and how to complain

[cupcake68]

Thank you so much AC!!

 

I will get onto it now.

 

I will also email BC (now I have an email address - thanks to BD!!) to let him know I have complained.

 

Thank you again. I was really starting to worry about this one!!

 

Cupcake

[cupcake68]

All done!

 

I have had a do not reply message from FOS but obviously do not have a complaint number yet.

 

Is that enough?

 

Cupcake

[angry cat]

You have the proof that the FOS have received your complaint;

any reputable firm should be mindful!

 

If BC continue, then report them to the SRA and FSA.