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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

My CCA's from Egg - Please look

mraxe

By mraxe
in General Debt Issues

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mraxe

mraxe

Posted
Posted

Hi,

 

I CCA'd Egg for both my loan and credit card and was surprised to receive both the agreements in good time.

 

Please can someone have a look and see if they are enforceable or not...

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Dinkjames

Dinkjames

Posted
Posted

It has been mentioned before, but I believe the lack of credit limit is a minor flaw on a credit agreement and I think any attempt to get the courts to declare it unenforceable on this single ommission, will in all likelyhood fail. The CCA states that the credit limit must be given or the debtor told how it will be determined. This seems to have been done.

 

I would say that both agreements are enforceable. As a rule of thumb, if a creditor sends you a actual true copy within the timelimits, it will be enforceable. If they stall and send you junk, then you can be pretty sure they don't have it.

 

Have you received Default Notices on these accounts and are they valid? What is the current state of play on these accounts?

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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diddydicky

diddydicky

Posted
Posted
It has been mentioned before, but I believe the lack of credit limit is a minor flaw on a credit agreement and I think any attempt to get the courts to declare it unenforceable on this single ommission, will in all likelyhood fail. The CCA states that the credit limit must be given or the debtor told how it will be determined. This seems to have been done.

 

I would say that both agreements are enforceable. As a rule of thumb, if a creditor sends you a actual true copy within the timelimits, it will be enforceable. If they stall and send you junk, then you can be pretty sure they don't have it.

 

Have you received Default Notices on these accounts and are they valid? What is the current state of play on these accounts?

 

may well be the case- all i am saying is that i read some threads on here about this terminology and its worth checking them out

 

at the very least it makes them not properly exectued

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Dinkjames

Dinkjames

Posted
Posted (edited)
it makes them not properly exectued

 

My understanding of not properly executed, means that the agreement has not be signed properly, something that the creditor can remedy fairly easily.

 

Having the agreement deemed unenforceable is different to not executed properly. By all means, do due diligence on the wording regarding credit limits, but as the other prescribed terms are there, IMO I would not go to court on that single count. In most cases, it is the total lack of prescribed terms that makes the agreement unenforceable.

Edited by Dinkjames
Grammar

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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diddydicky

diddydicky

Posted
Posted

It's not that easy?

 

It is not for the debtor to go to court and argue that it is improperly executed

 

It is for the creditor to do so if he wants to enforce it with the subsequent time and expense! and he cant claim his costs since the mistake was his not the debtors

 

always a useful bargaining tool in a F & F offer

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cosalt

cosalt

Posted
Posted

I think PT has already won a case based on the 'approved limit'.

 

It is a prescribed term and if the word 'credit' is missing it is unenforcable.

 

As said before, take a look on the egg forum for more info.

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cosalt

cosalt

Posted
Posted
The CCA states that the credit limit must be given or the debtor told how it will be determined. This seems to have been done.

 

But the 'credit limit' is not given, nor the manner in how it will be determined.

 

Approved limit has no relevance to a credit limit.

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diddydicky

diddydicky

Posted
Posted
But the 'credit limit' is not given, nor the manner in how it will be determined.

 

Approved limit has no relevance to a credit limit.

 

The credit limit does not have to be "specified"

 

it can be a simple statement that (usually) says

 

"we will advise you of your credit limit from time to time"

 

that complies

 

APPROVED LIMIT does not

 

you really do need to go to the EGG forums and read the threads and you could always PM PT and he will point you in the right direction if youre lost

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diddydicky

diddydicky

Posted
Posted

private message

 

click on someones handle and it will take you to their profile and you can send a private message

 

but read the warnings on PM;s on the home page of the site

 

it is wiser to try and keep all comments in open forum where all can see and advise if something looks dodgy

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