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Me vs Egg vs DLC


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Hi all and I hope everybody is keeping well.

I used the below to challenge my egg card cerdit agreement (pre 2005) and have just received the below reply from dlc. Looks like the fight is getting more complicated.

 

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Dear Sir

Account number XXXX - IN DISPUTE

I write with reference to the above account, which I now consider to be in dispute for the following reasons.

1. Credit Agreement

You provided me with a copy of a “Credit Agreement regulated by the Consumer Credit Act 1974” for the above account.

No “Credit Limit” has been stated – this is a prescribed term set out in the Consumer Credit (Agreements) Regulations 1983, as required by section 61(1) of the Consumer Credit Act 1974.This agreement is improperly executed under section 61(1) of the Consumer Credit Act 1974 and the associated regulations.

 

According to the Consumer Credit (Agreements) Regulations 1983 (Schedule 1), this agreement should have been given the heading “Credit Card Agreement”. In fact it has been incorrectly headed “Credit Agreement”.

As the agreement has been improperly executed, it is only enforceable by an order of the court, by virtue of section 65. However, since it does not explicitly state the term “credit limit” (rather, it mentions only an "Approved Limit”), as required by Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, the court would be prevented from granting such an order by virtue of section 127(3).

It is also a requirement to state the default charges and if the agreement does not then it is improperly executed and the court can take that into consideration under S127(1)&(2)

the agreement also fails to state the rate of interest for cash withdrawals - it only states an APR which is not sufficient for cash purchases as cash purchases includes a 1.25% handling fee which is included in the APR so it cannot be an accurate reflection of the rate of interest. Again a prescribed term is missing

__________________

 

There is also no mention of the terms and conditions on the credit agreement.

 

Extract from OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT IN THE CAUSE

Wilson and others v. Secretary of State for Trade and Industry (Appellant)

ON THURSDAY 10 JULY 2003

Para 29. The court's powers under section 127(1) are subject to significant qualification in two types of cases.

The first type is where section 61(1)(a), regarding signing of agreements, is not complied with.

In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3).

Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order.

As I result I consider the entire account to be in dispute for this reason as well. Note that I will be formalising this complaint with the Financial Ombudsman Service shortly.

Furthermore, please be aware that from this point onwards I will respond only to written contact. You are now under notice that I will not discuss personal or confidential matters over the phone under any circumstances whatsoever.

I trust you are aware of the limitations placed upon you now that the account has been formally disputed. I particularly draw your attention to the legal requirement that a creditor is not permitted to take any action against an account whilst it remains in dispute.

The lack of a valid and enforceable credit agreement is a very clear dispute and therefore the following applies:

• You must not demand any payment on this account, nor am I obliged to offer any payment to you.

• You must not add any further interest or charges to this account.

• You must not pass this account to any third party.

• You must not issue a default notice on this account.

• You must not register any information in respect of this account with any of the credit reference agencies. To register information with the credit reference agencies, or to issue a default notice, would also be in breach of Section 13.6 of The Banking Code, which stipulates that you can only register such information if the amount owed is not in dispute. I note that you are a subscriber to this Code.

Any further actions taken by Egg to collect the alleged debt whilst it is under dispute will be vigorously defended. I am also aware of the law regarding harassment of creditors under these circumstances and will use UK law to defend myself.

I look forward to receiving a satisfactory response.

Yours faithfully

XXX

 

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reply >

 

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all help welcomed so i can build my response :)

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It Seems Egg Dont Like Selling There Accounts

 

My Brothers Is With Crappyquest

Yours Dlc

 

Dlc Mention Our Client

 

By Any Chance Has Dlc Given You An Assignment Notice

Crappyquest Confirmed Just Collecting On Behalf Off After A Gentle Knudge

 

Def Send The Above To Dlc

 

Love To See There Face

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