egg card

[davidmalia]

i have just come off the phone from ARC after requesting a CCA for my egg card. they have told me that the CCA does not have to signed if i took out my Egg card on line. They said the CCA is covered by THE ELECTRONIC COMMUNICATIONS ACT and they will now pass on my account to their lawyers who will collect the account in full.

i need some help to start a defence, HELP anyone.:-?

[dcakiller]

I would sar them keep in mind that they have to prove a debt. incidently pasing it to there lawyers usaly means a mail merge threat o gram from a tin pot solicitor .

[davidmalia]

what is a subject access request

[dcakiller]

A subject access request which is an alternative to one being made for a charge reclaim. Geared more towards

debt collection...You should send a £10 postal order with each one and address it to the Data Controller at each company (send recorded or guaranteed) they have to respond in 40 days

 

 

 

 

 

Data Protection Act 1998

 

 

 

Subject Access Request

 

 

 

Dear Sir/Madam

 

 

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

 

 

1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were opened.

 

 

 

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR. - delete or add this depending on whether you are sending this to the original creditor/or a debt collection agency

 

 

 

 

3. True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

 

 

4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).

 

 

 

 

5. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.

 

 

 

 

6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

 

 

 

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

 

 

 

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

 

 

 

9. Copies of statements for the entire duration of the credit agreement/s.

 

 

 

 

10.Termination notices

 

 

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

 

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

 

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

 

 

Yours faithfully,

 

 

 

sign your name but put crosses through it so it can't be 'lifted'

[davidmalia]

does a CCA have to be signed to be a valid agreement, and what is the electronic communications act.

[cds]

have they responded fully to your original s77/78 request

 

cds:)

[davidmalia]

does the subject access request go to Egg Card direct or to the CMA or their lawyer

[davidmalia]

i haven't sent a s77/78 request di i need to

[cds]

non compliance of a statutory request is a full defence in court, send one of to the dca asap. The sar request should go to egg and produce all the information they hold on you including any credit agreements signed or ticked by you, default notices and notices of assignment.

 

get the cca request of quick it gives you some breathing space and should be responded to in 12 plus 2 days, sar they have 40 days.

 

cds:(

[davidmalia]

thanks cds, do you know anything about the electronic communications act and how it applys to CCA's made over the internet.

[cds]

An electronic contract still as to comply with the prescibed terms and forms regulations, in the meantime have a read through this attachment.

 

cds:)

expl to electronic contracts.pdf

[davidmalia]

ARC have sent me a copy of the CCA it has NO signatures from me or them.

just a tick box, which they say is legal and binding, this cannot be right.

this has been downloaded form the internet by them and sent to me.

surely for contract to be legal and binding it has to signed by both parties.

Am i missing something here!!

[cerberusalert]

When did you apply for the card?

[davidmalia]

10 august 2005

[davidmalia]

i have now sent a subject access request with the relevant postal order.

should i scan and post the CCA they sent me on this thread

[davidmalia]

i have an egg agreement dated 10/08/2005 it is not signed, but says tick the box (this is intesd of your signature)

is this a valid agreement

[Bazooka Boo]

Can you scan and post it up, removing all names addresses, bar codes ref no's etc.

[davidmalia]

i have already scanned it without blanking anything out, is this a problem

[maroondevo52]

Hi,

 

If you intend to scan any documents, make sure you remove or blank out any personal details.

 

Is this the same CCA you talk about in your other thread.

 

Regards.

 

Scott.

[davidmalia]

Moorcroft have been chasing me and when i asked them for a copy of the CCA they sent me this.

when i queried them about the lack of a signature, they said it didn't need one because of the Telecommunications Act!!!

Is this true or bull-s***.

[davidmalia]

yes it is the same CCA in my other thread

[davidmalia]

sorry it is ARC that are chasing me

[maroondevo52]

Hi,

 

I have merged both your threads, makes it easier for people to help you.

 

 

 

Regards.

 

Scott.

[davidmalia]

copy of egg agreement

[maroondevo52]

Hi,

 

The scans are too small to read, regarding the online agreement........

 

As The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into force in December 2004 any online agreements entered into prior to this date still need a signed executed credit agreement. A tick in the box is regarded as your signature.

Electronic signatures weren't considered valid until this date.

 

 

This is the Order........

 

The Consumer Credit Act 1974 (Electronic Communications) Order 2004

 

Regards.

 

Scott.