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cadwallader

Egg Visa CCA - is it enforceable please

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I have finally received a CCA for my Egg visa account. Is it enforceable please?

 

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Interestingly, on page 3 Egg has blacked out where it says an agreement has been made between Egg and........

 

Thanks

 

cadwallader

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Looks like a good un - sorry


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Hi,

Actually there is a problem with it ..... check the term "approved limit" - which isn't a prescribed term, and read the following thread, which will give you the full insight into what is wrong with this type of agreement ...

 

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

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Thanks both PGH and Abby for the responses. I will certainly read through the link you provided Abby.

 

Thanks

 

C

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If this was applied for by post (away from the business address) then shouldnt there also be a right to cancel box thingy with details of how you can cancel the agreement.

 

S.


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Err, those T&C's have been printed off from the EGG archives!

 

Were they the ones that you were actually provided with?

 

AC

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Hi angry cat

 

The T & C from 5.1 onwards appear to be printed form a standard document presumably on an Egg server somewhere. The first page of the Conditions appears to be from a different source as the appearance is of a photocopy. Also, this page appears to have a name blanked out, which may or may not be mine.

 

Rgds

 

C

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Hi angry cat

 

The T & C from 5.1 onwards appear to be printed form a standard document presumably on an Egg server somewhere. The first page of the Conditions appears to be from a different source as the appearance is of a photocopy. Also, this page appears to have a name blanked out, which may or may not be mine.

 

Rgds

 

C

 

They have been printed of from the template in the Egg Archives;

obviously Egg do not have the T&C's that you were originally provided with!

 

AC

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It's been a while since I heard from Egg but they have just re-surfaced saying that since they have now complied with my s78 request I should continue making payments.

 

Is there a standard 'CCA unenforceable letter template'? I have looked but can't find one. Alternatively, can someone point me at a good example?

 

Thanks

 

C

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I sent them this in March, seems to have done the trick for now.

Just got an apology saying they are unable to resolve the dispute at the moment and account remains on hold. Haven't been chased.

Note mine contains charges etc.

 

Mr

Egg Card.

Account remains in dispute. Alleged Balance in dispute.

Refund required.

Formal complaint

Dear Sirs.

I refer to the alleged agreement for the above account, received from your agents at ARC (Europe)Ltd

I have now had chance to review the documentation they have supplied and confirm the following.

I am pleased to see that you confirm that you consider the document you have sent is compliant with the Consumer credit act 1974. This is a clear Misrepresentation under the fraud act, continued misrepresentations will be reported to the Police..

The document sent purporting to be a credit agreement does not contain all of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document. These terms must be contained within the signature document.

Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable in law.

 

 

The Pescribed Terms are these

 

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

--------------------------

 

For a Running Account (credit card) agreement

 

BC and D Apply

Since this document does not contain all the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

It is also backed by the following case law.

Central Trust Plc V Spurway [2005] CCLR, HHJ Overend states

 

24. In my judgment, the passages of Lord Nicholls’ speech cited by Mr Say persuade me that:

(a)The amount of credit must mean credit in its technical sense, and

(b)That although the use of the word “credit” is not prescribed, there should not be any confusion in the mind of the lay reader as to what the amount of credit is.

2) Unlawful penalty charges and unauthorised insurance premiums have been added to this alleged account. Please see attached spreadsheet detailing these unlawful charges. At no point did I request payment protection insurance and repeatedly attempted to cancel this, but was always told that it was a compulsory part of the alleged agreement, clearly this was not the case

3) It is clear from the evidence provided that this alleged account only entered default due to Unlawful and Unauthorised charges being added to the balance.

Therefore you must immediately remove any default registered at any credit reference agency.

4) Please note, you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with the credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

There has never been any regulated agreement in relation to this account, and therefore you have never had my consent to process my data. I also do not see how you can state that you have a legitimate interest in processing my data as we have never had any contract that would enable you to do this.

 

Should you fail to respond within 14 days, I will expect that this means you agree to remove all such data.

I reserve the right to reclaim all sums paid under this alleged agreement as clearly EGG were not entitled to demand or receive them

I reserve the right to report your actions to any statutory authority I deem necessary.

Yours Faithfully

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Thanks for that Jon - should do nicely!

 

C

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