Egg CCA

[seh567]

On 26th May I CCA'd Egg credit card services and sent the usual £1 fee. I want to reclaim PPI but I need a copy of the agreement as I am not sure when it started. I am now unemployed and have a meeting with CCCS on 17th July so have been paying £1 token payments at their suggestion.

 

On 8th June I had a letter of acknowledgement and a request for further proof of identification which I duly sent them on 15th June.

 

I have heard nothing since, please could someone advise what I should do next as obviously the !2+2 days has now expired.

[cerberusalert]

You can send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[seh567]

Have now received a letter stating copy of signed agreement dated Feb 2000 attached. They have sent a copy of the agreement and terms and conditions but it does not show any signature for the agreement or PPI insurance. What is my next course of action, is this now deemed as unenforceable and can I persue PPI claim?

[cerberusalert]

Can you scan the agreement, remove identifying details & post it up?

[seh567]

Had a letter stating that signed copy agreement (Feb 200) enclosed along with terms and condition. On the enclosures I cannot see any signatures for either agreement or PPI. Is this agreement now deemed unenforceable and can I persue missold PPI claim. Thanks

[cerberusalert]

For it to be enforceable it has to contain the prescribed terms which include; credit limit (or they can say it can be determined at a later date), %APR & repayment terms etc. These must be within the four corners of the signed agreement and cannot be within a seperate document + it must have your signature.

 

You can pursue the PPI at any time, it doesn't matter whether the agreement is enforceable or not.

[seh567]

The agreement is not contained in 1 page it has been supplied on 4 pages which overlap, ie 1 page in 4 peices and it does not have a signature box or my signature. All the terms seem ok but it does not give a credit limit but it states 'we will tell you from time to time the Approved Limit we have set and if different the individual limit which you have chosen for the Account'. Should I send them another letter telling them they have sent an incomplete agreement?

 

I will send a PPI missold request tomorrow, although I can't remember if I applied online or via a salesperson as it was a long time ago in Feb 2000.

 

Thanks for your help.

[sorrylittlelot]

Hi sorry to jump your thread, i am also having dealings with egg and was curious about ppi. i had a creditr card and was unaware that ppi was involved

[seh567]

Please find attached scanned agreement & t's & c's. Could someone please take a look and let me know if it is unenforceable. This is one of my creditors and I am currently paying them £1 token payments until my CCCS review scheduled 17th July. If it is unenforceable should I send them a letter requesting copy signatures. If so is there a template I can use. Also I have sent them a letter today claiming missold PPI insurance on the grounds that they have been fined by FSA and I believe I was unaware I had been sold PPI. Thanks

EGG AGREEMENT BLACK.pdf

EGG AGREEMENT T'S & C'S.pdf

[cerberusalert]

It's unenforceable as it stands, send them this;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**