My CCA's from Egg - Please look

[mraxe]

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...

[rainbow moon]

mraxe the thumbnails aren't big enough to read but I did notice the first one has some ref number on the bottom of the page - might be an idea to delete that info before you repost Rainbow x

[diddydicky]

you need to re post them

[mraxe]

I'm not sure if this is going to work...

[mraxe]

Help please!

[cerberusalert]

If you upload them to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting and copy & paste the URLs back here we'll be able to veiw them better.

[mraxe]

Thanks cerberusalert

 

Lets see if this works

[mraxe]

try again

[mraxe]

still trying

[mraxe]

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

 

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

[diddydicky]

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

 

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

 

youre so close- keep tweeking ( or try photobucket)

[mraxe]

photobucket here we go

 

http://i704.photobucket.com/albums/ww43/mraxe123/1.jpg

http://i704.photobucket.com/albums/ww43/mraxe123/2.jpg

 

http://i704.photobucket.com/albums/ww43/mraxe123/3.jpg

http://i704.photobucket.com/albums/ww43/mraxe123/4.jpg

[diddydicky]

APPROVED LIMIT

 

i beleive is a problem for them i dont have an egg agreement but you need to check the egg threads for this

[Dinkjames]

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?

[diddydicky]

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

[Dinkjames]

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 July 9, 2009 by Dinkjames
Grammar

[diddydicky]

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

[cosalt]

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.

[cosalt]

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.

[diddydicky]

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

[mraxe]

Thanks guys for the help and advice. I don't think there is much that can be done. Oh well, just have go into a DMP with them...

[diddydicky]

Thanks guys for the help and advice. I don't think there is much that can be done. Oh well, just have go into a DMP with them...

 

have you pm's PT with this

 

you seem to be "giving up"

[mraxe]

silly question but am new to the site - pt pm?

[diddydicky]

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