Is this 2004 EGG loan cca enforceable?

[johannab]

Hello, I received my loan agreement yesterday. I have uploaded it below.I realise it is quite difficult to read.

 

There are two pieces to the agreement and then 3 separate sheets for the T+C'S, The T+C'S are referred to in the agreement as in "this personal agreement ,which incorporates the personal loan terms and conditions supplied to you with your copy of this agreement etc" ....So the T+C'S are referred to and 'supplied' but are not actually 'within' the signed agreement. Does this make a difference?

 

The agreement itself has some handwritten scribblings on it.One of which is my loan number.The typed loan agreement number is longer and unfamiliar to me. The name and address and amount etc on the agreement are otherwise correct.

 

The agreement states the amount borrowed,rate of interest and the number of payments at x amount pcm ( 60 payments of £200). It does NOT state the total amount to be repaid. Although any idiot with a calculator could work it out,aren't they supposed to tell me the total amount? I think a reason for this is that further down it states that in "accordance with t+c's the rate could change". Is this odd for a loan? In theory they could have rocketed my rate .

 

The second page has my signature and date of signing. There is NO 'right to cancel' laid out. There is a paragraph about being allowed to pay the amount in full at any time should I wish to (Lol). Also nowhere in the separate T+C'S is there a 'right to cancel'.

 

I discovered within the T+C'S a new address (south quay e14 9sr). This means that the T+C'S supplied to me were not originally mine and are fairly recent. Also there is a name and loan number blacked out from the front of it.

 

Does any of this have a bearing on the validity of the agreement? any advice welcome. ps there is/was no ppi on this loan.

 

Thanks,Jo

 

http://i591.photobucket.com/albums/ss355/DAZZAJOJO/eggccadox1-1.jpg

 

http://i591.photobucket.com/albums/ss355/DAZZAJOJO/eggccadox2-1.jpg

[emanant]

Hi,

 

I am having exactly the same problem and have found the following letter:-

 

Dear Sir/Madam

 

Re: my request under s78 of the Consumer Credit Act 1974.

 

Thank you for your recent letter sent to me dated *date* the contents of which are noted. 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, dated *date* Upon receipt of the original request the specified account legally entered into disputed status.

 

My request remains outstanding. The supplied documentation does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

Also, since you are a Debt Collection Agency, I asked that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

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 *date* to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is 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 agencies (or any third party).

 

To register information with a credit reference agency, you must have written consent from the data subject 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.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation. . You entered into a default on 8/8/2009

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I would appreciate your due diligence in this matter.

 

I look forward to your reply.

 

Yours faithfully

 

 

There seems to be some debate over the earlier agreements and the terms and conditions you will have received will not be the same as the ones sent to you origionally ( mine have been printed from the egg website ). Also they have not provided you with confirmation that they have taken over the debt or statements of your account ( as with mine ) so they have not fullfilled your request.

 

I'll keep you posted if i find out more.