helpingfriend vs Egg

[helpingfriend]

I sent a CCA request to Egg.

 

5 days later I received the letter saying that my card would not be renewed. To this letter I wrote and asked them to indicate to me the specific part of the 1974 Consumer credit Act which provides Entitlement to Egg to terminate my agreement when my account is not in default. I also stated that this account is in dispute.

 

I've now received a response to this letter and they state Section 20.2

 

The 12 + 2 date has also now passed and they haven't sent a CCA.

 

Please help me with the next letter.

 

Do I send the account in dispute letter as they have failed to provide a copy of the agreement and in that letter also reply to the letter saying that under Section 20.2 they could end our agreement?

 

Thanks

 

[diddydicky]

just send the dispute letter they can restrict your credit without terminating the agreement

 

will not- be renewed ? can you post up the letter?

[sorrylittlelot]

yeah post the letter suka

[helpingfriend]

I've now received a reply to CCA.

 

They have sent the following two pages along with their current terms and conditions. From what I've read in other threads, I think this agreement is unenforceable as it lacks all the prescribed terms.

 

approved limit not credit limit

 

rate of interest for cash withdrawals

details the default charges payable

 

 

Would someone please have a look at this and confirm whether its unenforceable?

 

 

Thanks

 

 

Edited July 26, 2009 by helpingfriend

[helpingfriend]

hopefully these images will come out bigger than the last ones:

 

[Readalot]

looks like unenforceable, 'Limit' instead of prescribed 'Credit Limit'

[helpingfriend]

Egg have now sent me a default notice. I've had a read of the threads about default notices and it looks ok. Could someone confirm this?

 

Also, whats my next step, this was an agreement that was terminated by them and a copy of an unenforceable agreement was sent?

 

Thanks

 

 

[helpingfriend]

I've been reading more about default notices and am I right in thinking that the amounts on the default notice can't include unlawful charges?

 

If so, do overlimit charges and late charges of £16 each fall into the category of unlawful charges?

 

Thanks

[diddydicky]

correct

[helpingfriend]

correct

 

Thank you!

 

What is the next thing I need to do?

[diddydicky]

wait for the termination letter

[helpingfriend]

wait for the termination letter

 

Thanks. I've been reading about termination letters but unsure exactly where that leaves me. Am I right in thinking that they can then only demand payment of the arrears? What happens to the rest of the debt? And what about default on cra?

 

Sorry for so many questions. I didn't expect Egg to make such an obvious mistake.

Edited September 3, 2009 by helpingfriend
spelling error

[diddydicky]

done on the back of a faulty DN is an unlawful repudiation

 

when one party unlawfully repudiates a contract the other party has the option of either ignoring the unlawful act and demanding that the contract continues or he can accept that the other party seek to no longer be party to a contract with him and accept their unlawful actions and thus releive himself of any obligations the contract placed on him

 

thus only the amount of arrears genuinely outstanding at the time of termination are due

 

note that in these circumstances the termination takes effect when the in jured party accepts the termination not when the other side makes the announcement that they consider the agreement terminated.

 

The reason being that as the injured party can just ignore the unlawful termination and consider the agreement to endure- it is his acceptance of the unlawful act which confirms that both sides have agreed to the ending of the agreement or contract

[helpingfriend]

Thank you for so much help.

 

So, do I wait for the termination letter then write and accept that the account is terminated? If I pay for arrears, is that the end of the debt? and can I request the default is removed from cra's?

[diddydicky]

well its a matter of opinion and you should read the threads on DN's and termination

 

personally i write and accept the termination and ask for an up to date balance of at time of termination but point out that against these arrears will be my claim for damages for unlawful repudiation which by and large will exceed their arrears

[helpingfriend]

I've now received a letter from them terminating my account. So, now I need to work out what letter to send them.

[gazab41]

sorry to hijack posting just looked at your default notice it looks same as one i had some years ago from egg however never had termination in fact i can now access eggs online system again 4 years on from default my debt was sold obviously not lets fight egg together damn american companies riping us off again....

[helpingfriend]

I've read a lot more and I think the next step is to SAR them just to be sure that no other Default Notice exists?

 

Is this right? I think I need to do this to check that they didn't issue a second Default Notice that I haven't received and the amounts are correct?

[helpingfriend]

I've been thinking more about what I need to do and would like some help please.

 

My priority is to get the default removed and I'm happy to make a F&F offer to settle the account, but thought I would first suggest that they first write off the account as I won't counterclaim

 

 

 

So, here's my thoughts:

 

I need to accept the termination

 

Do I still point out to them that they do not have an executable agreement?

 

I've drafted the letter below. Do you think I need to add or change anything?

 

Thanks

 

 

I write with reference to your letter dated 16th September 2009. Despite the alleged account being in dispute following your failure to supply a copy of the fully executable agreement, you issued a Default Notice under section 87 (1) of the act on the 19th August, 2009, further unlawfully terminating the alleged account on the 16th September, 2009. I confirm acceptance of your termination actions.

 

You will be aware that having unlawfully rescinded the agreement by failing to comply with the requirements of the consumer credit act by first issuing a valid default notice under sect 87(1) of the act ,the amount owing to you will consist only of the outstanding arrears at the time of the termination.

 

I am of course entitled to counter claim compensation as a result of your unlawful rescission of contract and damage to my credit reputation which I believe would be greater that the arrears outstanding.

 

I am however prepared to offer to waive my counterclaim in order to dispense of this matter quickly on the terms as follows:- .

 

Within 14 days of the date of this letter you will remove any and old adverse information you may have supplied to any credit reference agencies. You will undertake not to pass any details of this terminated account to any debt collection agency and will mark the account satisfied in full.

 

If not, please advice how you expect to compensate me for unlawful recision of contract.

 

I look forward to receiving your proposals to deal with this matter

 

Yours sincerely

[diddydicky]

personally i would amend the letter- they are not going to agree with you and therefore will reject your offer out of hand- softlee softlee catchee monkey

 

personally i think it is too soon to be making a F & F and you are showing your hand - your letter is screaming out that you want to F & F and get rid of the adverse credit

 

only advice of course

 

 

 

 

write with reference to your letter dated 16th September 2009. Despite being in default of s78 consumer credit act, in that you failed to supply a true copy of an original executed agreement(and any other documents referred to in that agreement) you then unlawfully issued a default notice.

 

Notwithstanding the foregoing, and even were it to be the case that you were entitled to do so, the default notice you issued was itself unlawful and did not allow you to claim the benefits of s87.

 

In accepting your unlawful repudiation of the agreement i am now relieived of any and all of any obligations of any alleged agreement that you may subsequently claim was an enforceable agreement..

 

Please therefore advise me, should you in fact hold a properly executed and enforceable agreement, of the exact amount of the genuine arrears (not including unlawful fees and charges ) that were due at the date of termination.

 

there will be a counterclaim against such arrears for damages for your rescission of the agreement and the damage to my creditworthiness

 

I expect you to immediately remove all adverse information you may have supplied to any credit reference agencies and to undertake to me that you will not pass any further adverse information to any debt collection agency and will mark the account satisfied in full.

 

I look forward to your proposals to deal with this matter

[Bosund]

Bump

[helpingfriend]

Thank you diddydicky. I'll get the letter printed out and posted tomorrow morning.

[helpingfriend]

I send the above letter and to date have not received a response.

 

Towards the end of October they sent me a letter in response to one of my earlier letters stating that my allegation regarding the missing prescribed terms is incorrect. The agreement does state the ‘Approved limit’.

 

I responded to this letter stating that it does not meet the requirements of a properly executed credit agreement under the 1974 Act and also referring to my above letter re the unlawful repudiation of the agreement, stating that I still haven’t received a response.

 

I’ve heard nothing else from Egg. What is the next thing that I can do with them?

 

In the meantime I was contacted by a DCA, told them the account was in dispute due to improperly executed agreement and they said they would refer back to Egg.

 

I’ve now received a letter from the DCA saying Egg rejected my complaint in August and they would resume collection activities.

 

Should I send the DCA copies of all letters sent to Egg, including the one about unlawful repudiation to which I’ve not received a reply?

 

Any other ideas of what I need to do ?

[diddydicky]

dear sirs

 

Re Acc No XXXXXXXXXXXXX Terminated Egg Agreement

 

I note that you act on behalf of Egg in this matter.

 

i refer you to my letter to your client dated XXX sept ( and of which in enclose a further copy for your assistance) for which i have note received a reply, despite a reminder.

 

I expect you or your client to deal with the issues raised in the aforementioned letter with regard to the unlawfully rescinded agreement and the amount of arrears that were outstanding at the time of rescission.

 

Until and unless you respond to these issues, further unrelated correspondence will be filed unanswered

 

For good orders sake kindly note that if your client persists with a selective approach as to which issues they will and will not deal with, then there will be very little progress towards a resolution of outstanding matters.

 

yours sincerely

 

XXX

[mills1]

Subbing