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Response to Egg CCA


jbeavon
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Hi all,

I've just had a copy of my signed agreement from Egg with the usual agreement with a Approved Limit and Individual Limit. I've now drafted a letter pulling in bits from various other letters on the site, and would appreciate some of you giving it the once over to check before I send it to Moorcroft who are acting on behalf of Egg.

 

Dear Sir/Madam

 

Account No: xxxxxxxxxxxxxxxx

 

Thank you for your response to my request under the Consumer Credit Act section 78.

In your response you confirm this as a true copy of the original agreement executed by your Client on the 17/07/2004

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any (prescribed terms) means that a court would be prevented from enforcing it under s127(3).

In particular the agreement does not have a term concerning the credit limit (rather, it defines an "Approved Limit" - whatever that is) as required by Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, therefore the court would be prevented from granting such an order by virtue of s127(3)

Therefore, my first request is that you will stop all collection activity for this account, and ask your client to reduce the balance to £0 to stop the balance from being passed to any further companies. As an agreement not containing the prescribed terms is only enforceable by a court, any further collection activity will be viewed as unlawful and may lead to legal action against both you and your client.

Also, I am asking you to remove all defaults issued on this account by you or your client which have been registered with ANY credit reference agency as is required by the Data Protection Act 1984, since these are obviously incorrect as no enforceable agreement exists between myself and your client. Failure to remove these default notices will be seen as you and your client bring in breach of the Data Protection Act 1984, and will be reported to the relevant authorities.

I will give you 14 days to respond to this letter to confirm your intentions in regards to collection activity stopping and also the correction of incorrect data held about me. If I should not hear from you within the 14 day time period then I will begin legal proceedings against you and your client. As well as making my complaint known to the Information Commissioners Office, the Financial Services Authority and any other parties as I see fit.

Yours faithfully

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  • 2 weeks later...

Looks OK. Take advice before progressing beyond this

Steven

 

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Hi again all,

The 14 days will be up tomorrow since I sent the letter at the top of the thread. Just wondering what my next actions should be! Obviously, it will be time to get the Information Commissioners office involved, and the Financial Services Authority. Is there any court action that I can take, or maybe get in touch with Watchdog on the BBC?

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Hold your horses;

whoa, hold them back!

 

Have Egg supplied you with the inception terms and conditions?

Was there any PPI on the account?

 

AC

Yes,

I've got the inception terms and conditions, there wasn't any PPI on the account...well, I can't see any on the form, and don't recall any amounts being deducted for it from monthly statements.

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  • 1 month later...

Hi, unfortunately not. Although seeing as I've recieved no further hassle from Moorcroft in regards to it, at the moment....they are the least of my worries!

 

As soon as I see off Mercers and Barclaycard I'll be able to spend a bit more time sorting the whole Egg business out!

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