Beachy's OH v Egg Card

[beachcomber60]

Hi..had quick glance and it seems enforceable. Any reason you think it may not be ?

 

The important 'prescribed terms'

 

Amount Of credit

Repayment schedule

Interest

 

all appear to be there.

 

Andy

 

Thanks Andy,

 

Posted up the agreement so it could be checked by someone more knowledgeable then me, just looking for flaws as they have made a complete hash of my SAR & cca requests.

 

This agreement has my personal details & loan amount correct but carries a different account number.

 

Beachy

[andydd]

Thanks Andy,

 

Posted up the agreement so it could be checked by someone more knowledgeable then me, just looking for flaws as they have made a complete hash of my SAR & cca requests.

 

This agreement has my personal details & loan amount correct but carries a different account number.

 

Beachy

 

You could send it back and point out its the wrong number and question wether if its the right account.

[RoadToRecovery]

I have sent several CCA requests, all delivered and signed for except the one to egg.

 

Have you managed to get one delivered yet to egg yet?

 

I sent to the Riverside address in Derby.

 

Anyone confirm if this is the correct address for CCA requests?

 

I am going to use special delivery for a new request to egg.

[beachcomber60]

Hi RTR,

 

Yeap used the Riverside Road Address.

 

They are an absolute nightmare to deal with, just posted off dispute letters & SAR non compliance letters.

 

Hope you have better luck.

 

Beachy

Edited June 8, 2009 by beachcomber60
Spillin mistook

[RoadToRecovery]

What makes it more frustrating is Royal Mail not considering a letter missing or not signed for until 15 working days!

 

gl with the new requests

[beachcomber60]

One thing we are absolutely disgusted with is that OH is on an agreed payment plan with Egg, they agreed to freeze interest & OH pays £42 a month, on OH's statement of account for the past nine months the debt has reduced by just £9 ! ! !

 

Starting to think we'd be better off with a ccj.

[RoadToRecovery]

Aye, these 'financial giants' don't have a moral concience but we are expected to do every thing they demand with bells on. Egg kept bumping my apr up and up, was almost every month.

 

Finding this site has been my best ever discovery on the internet.

 

blimey, sorry I have digressed somewhat!

[beachcomber60]

Aye, these 'financial giants' don't have a moral concience but we are expected to do every thing they demand with bells on. Egg kept bumping my apr up and up, was almost every month.

 

Finding this site has been my best ever discovery on the internet.

 

blimey, sorry I have digressed somewhat!

 

 

No worries, we're all in the same boat (if you know wot I mean).

 

Since finances took a nose dive last year I have found two things that saved my sanity

 

1. CAG

 

2. True Call - Only those we want to hear from are able to ring us

[beachcomber60]

Update to OH's SAR.

 

Received a letter today from EGG reqarding DSIR.

 

Three options on the form, tick one box, sign and return :-

 

Option 1 :- Copy statements, copy statements can be provided at a charge of £2 per sheet.

 

Option 2 :- SAR, can be provided with 40 calender days (subject to terms & conditions), a fee of £10 is required (They've already been sent this by PO, and the time scale has expired for compliance), we also require proof of identification, dated within the past three months.

 

Option 3 :- Copy of cca will be provided within 12 days subject to receiving a fee of £1 (again they have already received this fee and are way outside the 12+2 days and have received dispute letters).

 

Beachy

[RoadToRecovery]

Hi.

 

I had a phone call from egg two days ago asking for payment. I said I had done everything in writing etc etc. The girl said there was a 30 day turnarouns for written corresponsence. Presumably they consider themselves way above the laws of the land. (Not hijacking your thread just reporting on the 30 day turnaround thing, appears to fit with your timescale?)

 

Good luck, it seems like egg are way understaffed and very good at losing things.

[beachcomber60]

Hi.

 

I had a phone call from egg two days ago asking for payment. I said I had done everything in writing etc etc. The girl said there was a 30 day turnarouns for written corresponsence. Presumably they consider themselves way above the laws of the land. (Not hijacking your thread just reporting on the 30 day turnaround thing, appears to fit with your timescale?)

 

Good luck, it seems like egg are way understaffed and very good at losing things.

 

Thanks RTR,

 

No worries, nice to know someone out there actually reads postings :grin:,

 

Beachy

[beachcomber60]

Well after receiving the letter in post #13 above, OH received her SAR, but they only supplied statements for her c/card & nothing else.

 

For some reason they returned the £10 PO (which they claimed they never received) - not sure what we can do with this as it was made payable to Egg?

 

Non Compliance letter going off today for the rest of the Data.

 

Beachy

[HammyUK]

They've tried the "need proof of id" trick with me - just ignored them and sent them the "address has been fine for 5yrs, etc" letter.

Not heard a thing until a "secure message is waiting for you" email this morning.

[beachcomber60]

Hi fellow Egg CAGGERS,

 

OH has just received cca for an EGG loan taken out in 2005, interesting I dont think its enforceable as it states a) APR b) monthly payment & c) loan 'principal' no mention of charge for credit or total amount payable.

 

Beachy.

[beachcomber60]

Would I be right in saying that this is unenforceble due to not stating charge for credit & total amount payable ?

[beachcomber60]

Anyone else received an agreement missing the 'charge for credit' & 'Total Amount Payable' & should OH send dispute letter.

[beachcomber60]

After much letter writing the OH finally received a reply to her second Egg card cca request.

 

Apart from the 'agreement' stating the 'Approved' limit as opposed to the correct prescribed term 'Credit limit', the agreement they have sent is a photocopy of a microfiche slide.

 

Can this be classed an enforceable agreement as it can clearly be read (leaving the approved limit aside), it dates from c.2001.

 

As always

 

Beachy

[beachcomber60]

Can anyone advise me as to whether a (readable) microfiche copy of an agreement can be deemed enforceable, want to throw something more than just 'approved limit' at them.

[Activist]

Beachcomber, have a look at the link below where PT2537 outlines what he thinks is wrong with Egg Card Agreements. He is highly qualified in the field of litigation. This should give you more pointers to throw at them.

 

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

[pompeyfaith]

Hiya Beachy,

 

Yes good post above, and if it ever went to court you can use the Civil Evidence act 1995 to make them prove its authenticity.

 

Have a look at this by Alanalana

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/162535-documents-court-civil-evidence.html#post1743527

 

Regards

 

PF

[sunflower99]

i dont think if law correctly applied they should be able to get away with Microfilch copies!

 

As you say when it suits them bankers will say a copy will do when trying to harrass someone into paying an unenforcabe agreement but they soon change their tune and say a copy will not do when it comes to anything else concerning their banking,

 

As i saw on another forum this point was made

- A copy birth certificate is unacceptable to obtain a pass port and driving licence.

A copy of divorce papers is not acceptable to obtain a passport or driving licence ,

A copy of land deeds are not acceptable as proof of ownership of land

you cant send a copy of your driving license to prove you passed your test even if you swear on oath to say you have passed it.

 

You must produce the original,

 

So why should this be any different for something as important as a credit agreement? .

It can be argued on this basis that a copy of an agreement is not acceptable as proof of a debt

!so this argument can be brought out in court as well and which i will be doing

 

http://www.consumeractiongroup.co.uk/forum/mbna/131345-getting-mbna-before-they-5.html This thread of BRW goes over some useful points when banks try and rely on microfilch copies!

[sunflower99]

Aso as that thread pointed out banks are very reluctant to accept faxed copies of documents themselves so why should it be differennt for us!

[pedross]

I love it sunflower

 

I will find your thread and read it with interest.

Surely a microfilch could be acceptable in certain circumstances?

Don't get me wrong I dare not disagree with that statement.

 

Pedross

[sunflower99]

Hi Pedross!

It is Bankerrhymeswith thred! I find his threads very informative and helpful! really under a credtit card agreement it is wrong to accept a microfilch copy,and is backed up by the fact that under cpr 16 paragraph 7.3 the crediter is compelled to being original into court.Plus it can be pointed out that bankers themselves dont accept faxed copies of documents! so why should it be different for us:) plus the other points i raised.

 

Also another quote taken from a thread -Also if you read the Wilson v First Counties Trust it says in this ruling and says specifically " a document" signed by the debtor NOT a "copy" of a document signed by the debtor... and as everyone knows a comma can make a difference to the meaning of a sentence and especially in law and this is very significant.

Quote from Wilson case- IN effect- the crediter - by failing to ensure that he obtained a document signed by the debtor which contained all the prescribed terms -must (in the light of the provisions in section 65(1) and 127(3) of the 1974 Act) be taken to have made a voluntary disposition,or gift , of the loan monies to the debtor,The crediter had chosen to part with the monies in circumstances in which it was never entitled to have them repaid.

The conclusion to be drawn from this quote is case law and consumer law meant - A "Document" signed by the debtor containing all the prescribed terms", not a copy.If you have not got the document you not got an agreement.

Edited August 9, 2009 by sunflower99

[pedross]

Thanks sunflower