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My 2002 Egg Agreement - Enforceable?

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Please will the experts give me their opinions on this Egg Agreement and T&C's from 2002.

 

I scanned it into a doc format as I could not get the pics to upload!

 

Here is the front page:

 

Egg Card Agreement

for Mrs xxxx xxxxxx

Please read this carefully

 

Credit Agreement regulated by the Consumer Credit Act 1974

This is a credit agreement between us, Egg, a division of Prudential Banking plc, Egg Card, New Application, Basildon, SS14 9AA and you. The main financial terms of the agreement are set out below. A copy of the agreement is enclosed for you to keep.

 

We sent this form on

xx xxxx 2002

To discuss this form

e-mail us via our secure website at New Egg Home

or callus on 08451 233 233

We are open 24 hours a day,

7 days a week

 

About you: xxxx xxxxxx

your address xxx xxxxx xxx xxxx xxxx xxxxx xxxx xxx

About Egg:

postal address Egg card, new Application, basildon,SS14 9AA

About your Egg Card

3. Limit

We will tell you from time to time the Approved Limit we have set and, it different,

the Individual Limit which you have chosen for the Account.

 

4. Interest and Credit Charges

4.1 We will charge interest

. on Purchases and Transferred Balances put on the Account until 1st

December 2002 at a monthly rate of 0% fixed until 1st December 2002, and thereafter at a monthly rate of 1.019%, 11.6% APR; and otherwise

. at a monthly rate of 1.019%, 12.9%APR.

4.2 Unless you are an Existing Egg Customer. We charge a handling fee of 1.25% of the amount of each Cash Advance (minimum fee £2.00). The APR for Cash Advances is 15.2%

4.3 We charge a handling fee of 1.5% of the amount of each Credit Card Cheque (minimum fee £2). The APR for Credit Card Cheques is 15.2%.

4.4 We will charge interest on Promotional Balances at the interest rates and for the period we advise you of in the details of the Special Promotion.

 

In working out APRs, we have ignored any changes we may make to the interest rates, handling fees or any other charges which we introduce or vary at any time by giving you notice under condition 12.

5. Repayments

5.1 Each month you must pay by direct debit, at least the minimum payment given in your statement. The minimum payment will be:

. the full Revolving Balance it it is less than £5, but otherwise the greater of

2% of the Revolving Balance and £5; I

Plus for each Transferred Balance:

. the full amount of the Transferred Balance it it is less than £5, but otherwise

the greater of 2% of the Transferred Balance and £5.

We will collect the amount you tell us you want to repay so that it is paid into the Account on the Payment Date.

 

Egg is the trading name of the Egg group of companies comprising Prudential banking plc (registered no.2999842). Egg Financial Products Ltd (registered no. 3319027)

and Egg Investments Ltd (registered no. 3403963) which carries out investment business on behalf of Egg and is regulated by the Personal Investment Authority

 

All members of the Egg group are registered in England and Wales. Registered offices; 142 Holborn Bars, London EC1N 2NH

...................................................................................................................

 

(The back of the page):

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

 

YOUR RIGHTS

 

The Consumer Credit Act 1974 covers this agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made. If they are not, we cannot enforce the agreement against you without a court order.

 

The Act also gives you a number of rights. You have a right to settle this agreement at any time by giving notice in writing and paying off all amounts payable under the agreement. If you have obtained unsatisfactory goods or services under a transaction financed by this agreement, apart from any purchased out of a cash loan, you may have a right to sue the supplier, us or both. Similarly, if the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue us.

 

If you would like to know more about the protection and remedies provided under the Act, you should contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau.

LOSS OR MISUSE OF EGG CARD

 

If the Egg Card is lost,stolen or misused by someone who obtained it without your consent, you may be liable for up to £0 of any loss to us. lf it is misused with your permission you will probably be liable for ALL losses. You will not be liable for losses to us which take place after you have told us of the theft, etc provided you confirm any oral message in writing within seven days.

 

If you require any supporting information to be returned to you, please tick this box [ ]

 

By signing this agreement , you confirm that the details you have given us are true and complete and that you have read and accept the Egg Card Credit Agreement Conditions, a copy of which is enclosed especially conditions 1.2 and 16 (Personal Information). This sets out how we will use the information we obtain about you including information about the type of payments you make with your Card. We will not use this information for any purpose other than those set out in condition 1.2 and 16 but if you do not want us to have any information about a payment you should consider an alternative to using your Card.

 

This agreement will only be binding on us when we have completed and are satisfied with our final checks and other searches, and you have signed and returned the credit agreement to us.

(this next bit is in a box):

----------------------------------------------------------------------------------------------------------------------------------------------

This is a Credit Agreement regulated by the Consumer Credit Act 1974.

Sign it only if you want to be legally bound by its terms.

Signature of Borrower .................................

 

Date of signature ............ /................ /............

-----------------------------------------------------------------------------------------------------------------------------------------------

(then another box):

---------------------------------------------------------------------------------------------------------

Signed on behalf of Egg

 

(there is a signature here)

 

Az Alibhai, Egg Card Manager Date xx xxxx 2002

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

..........................................................................................

 

 

(There are also 4 pages of Conditions):

 

Credit Agreement regulated by the Consumer Credit Act 1974

 

Conditions

Referred to on the back of the Egg Card as Prudential Banking plc VISA conditions of use.

 

Please read this carefully

 

These conditions are incorporated into the Credit Card Agreement ('the

Agreement') made between Egg and Mrs ('you') relating to the Egg Card described in the Agreement. Any expressions used in the Agreement have the same meaning in these conditions, and 'we', 'us' and 'our' mean Egg.

 

1. Introduction

 

1.1 This Agreement sets out what we will do for you and what you must do for us in relation to the Egg Card. It is contained in:

. these Card conditions: and

. the Agreement form signed by you.

 

1.2 So that we can provide services designed specially for

you, we will gather and review all the information

which:

. you give to us, to other Egg companies and to Linked

Suppliers; or

. which we, other Egg companies and Linked Suppliers obtain about you personally under or in connection with this Agreement and any other accounts you have with us.

This is to help us develop and maintain an up to date picture of you as an individual, which we and other Egg companies can use to keep you informed about other products and services (Including those supplied by third parties) which we or they think might interest you. Please tell us if you prefer not to receive information about other products or services or you do not want other Egg companies to be given your Personal Information. The information we collect will include information about how you manage and use your Egg products and services Including the type of purchases you make from your accounts (whether by a card, direct debit or in any other way) and payments which are made into your accounts. This information will include the name of the payer (for example your employer) and the supplier (for example a shop) and the general nature of the goods and services paid for. We obtain this information automatically as part of operating your accounts. If you do not want us to have it, you should consider an alternative to using your account.

. If you operate your Account by Internet, we also use cookies (small pieces of information which we send to your computer) to improve the security of our service, detect fraud and obtain information. You can find further information about cookies on the security pages on egg.com.

 

1.3 in this Agreement:

Account means the account we open in your name.

Additional Cardholder means a person you have asked us to give a Card to so that they can use the Account.

this Agreement means the Egg Card agreement and these conditions as varied by us from time to time.

Approved Limit means the limit we set from time to time on

the amount you can borrow from us on the Account.

Balance means the amount you owe us on the Account.

Card means any Egg Card we give you or an Additional Cardholder which is linked tothe Account.

Cash Advance means obtaining cash. foreIgn currency or travellers cheques using a Card or the Card number.

Cash Back is a cash payment which we give you under condition 6 as a reward for using the Card for Purchases,

Charges means the interest and charges payable by you as

set out in conditions 4 and 17.

Credit Card Cheque means a cheque we may provide to you

to use with your Account.

Existing Egg Customer means

(a) an Egg Card holder who has an Egg account or another eligible Egg product and had that account (or product) before applying for a Card and (b) anyone who is permanently employed by Prudential Banking pic.

Individual Limit means the limit on the amount you can borrow from us on the Account at any time. This will either be the Approved Limit or a lower limit you choose from time to time.

Linked Supplier means a person or company which provides

additional benefits or services to you under an arrangement with us.

Payment means any payment you tell us to make by direct bank transfer or other available method from the Accounl for, or to the account of, any other person in the UK.

Payment Date means the day (except Saturdays, Sundays and public holidays) which is 14 days after your monthly statement date.

Personal Information means the information described in condition 1.2.

PIN mean's your personal identification number.

Promotional Balance means the amount (including interest on that amount) you owe us on the Account for Transactions made under a Special Promotion.

Purchase means a purchase of goods or services using the Card or the Card number.

Revolving Balance means the Balance excluding Promotional Balances and any Transferred Balances on which interest is charged at an initial reduced rate.

Secure Area means that part of our operation which can only be accessed on the Egg website. Egg TV on Sky Digital, or by telephone by Egg customers who have been through our security checks.

Special Promotion means a promotion we may make available to all or some cardholders from time to time (excluding introductory offers available to new cardholders), Statement Total means the total amount you owe us on the Account on each statement date.

Transaction means any Purchase or Payment made or Cash Advance taken by you or an Additional Cardholder, using the Card. a Credit Card Cheque or the Card number including any payments you ask us to make under condition 2.4.

Transferred Balance means the amount you owe us on any sum you transferred to us under condition 2.4.

UK means England, Wales. Scotland and Northern Ireland.

We,us,our - means Egg a division of Prudential Banking plc

and any other business or other person we transfer any or all of our rights and responsibilities to under this Agreement.

you, your - the person who signed the Egg Card Agreement.

 

2. Use

2.1 We will send a Card to you and any Additional Cardholder as soon as we have opened your Account and will renew it from time to time with the same type of card or replace it with a different type of card which you then qualify for and which is covered by this Agreement. Cards and Credit Card Cheques belong to us. We can ask you to give them back or ask others to return them to us at any time.

 

Egg is the trading name of the Egg group of companies comprising Prudential banking plc (registered no.2999842). Egg Financial Products Ltd (registered no. 3319027)

and Egg Investments Ltd (registered no. 3403963) which carries out investment business on behalf of Egg and is regulated by the Personal Investment Authority

 

All members of the Egg group are registered in England and Wales. Registered offices; 142 Holborn Bars, London EC1N 2NH

 

 

(Back of page):

 

2.2 You and any Additional Cardholder can use Cards and you can use Credit card Cheques for Transactions up to the Individual Limit (and for any other use that we allow). To decide whether you have gone over the Individual Limit we can take into account the amount of any Transaction we have authorised even if it has not yet been charged to the Account.

2.3 We will convert all Transactions in other currencies into sterling. The exchange rate used may differ from the rate when the Transaction was made as exchange rates vary on a daily basis. We charge a 2% commission on all Transactions which have to be converted into sterling.

2.4 You can ask us at any time to pay off an amount you, oryour Additional Cardholder, owes 10 another UK lender and transfer it to the Account. as long as the amount transferred would not make you go over the Individual Limit and is £100 or more and is not used to discharge your or your Additional Cardholder's indebtedness to any part of the Egg plc group of companies.

 

2.5 You must make sure that Cards and Credit Card Cheques are

not used to carry out Transactions for illegal purposes.

 

2.6 We may provide you with Credit Card Cheques from time to time. You must only use Credit Card Cheques to make payments in sterling. You cannot use them to make payments to us or to any other company in the Egg plc group of companies.

3. Limit

We will tell you from time to time the Approved Limit we have set and, if different, the Individual limit which you have chosen for the Account.

 

4.0 Interest and Credit Charges

 

4.1 We will charge interest

. on Purchases and Transferred Balances put on the Account until 1st December 2002 at a monthly rate of 0% fixed until 1st December 2002, and thereafter at a monthly rate of 1.019%, 11.6% APR: and otherwise

. at a monthly rate of 1.019%, 12.9% APR.

4.2 Unless you are an Existing Egg Customer. we charge a

handling fee of 1.25% of the amount of each Cash Advance (minimum fee £2.00). The APR for Cash Advances is 15.2%.

4.3 We charge a handling fee of 1.5% of the amount of each Credit

Card Cheque (minimum fee £2). The APR for Credit Card Cheques is 15.2%.

 

4.4 We will charge interest on Promotional Balances at the interest rates and for the period we advise you of in the details of the Special Promotion.

In Working out APRs. we have ignored any changes we may make to the interest rates, handling fees or any other charges which we introduce or vary at any time by giving you notice under condition 12.

 

5. Repayments

5.1 Each month you must pay by direct debit. at least the minimum

payment given in your statement. The minimum payment will be:

. the full Revolving Balance if it is less than £5, but otherwise the

greater of 2% of the Revolving Balance and £5:

 

Plus for each Transferred Balance:

 

. the full amount of the Transferred Balance if it is less than £5, but

otherwise the greater of 2% of the Transferred Balance and £5.

We will collect the amount you tell us you want to repay so that

it is paid into the Account on the Payment Date.

 

5.2 We will charge interest on all amounts making up the Balance on a daily basis at the relevant rate set out in condition 4 from

the date each Transaction (including each Transaction made with a Credit Card Cheque) and Charge was put on the Account. Interest will be charged until the Balance has been repaid in full. We will not, however, charge Interest on Purchases listed in your last statement. if you pay the

Statement Total on or before the Payment Date.

 

5.3 We may allow you occasional payment holidays. It we do this,

we will still charge interest as if a payment was due during the payment holiday.

 

5.4 if you do not pay the Statement Total on the Payment Date, we

will apply the amount you do pay:

 

. first to meet the minimum payment needed under condition 5.1:

. second against Transferred Balances on which interest is charged at an initial reduced rate and Promotional Balances (in the order they were put on the Account)

. finally against the Revolving Balance (including any Transferred Balances on which any initial reduced rate is no longer charged). If we change this order for any Special Promotion we will tell you in the details of the Special Promotion.

 

6. Cash Back

6.1 We will pay a Cash Back on all Purchases. Cash Back values may vary according to the type of Purchase and how it is made. We will tell you what the Cash Back values are when we open the Account and whenever we change them.

 

6.2 Cash Backs you earn each month will be shown in your statement. The total value will be paid into your Account in december each year or when you close the Account, but in either of these circumstances, we will not pay Cash Back if the total amount of Cash Back is less than £5. If, in any year, the Cash Back you earned is less than £5, it will not be carried forward to the following year.

 

6.3 If:

. you do not keep up to date with your payments: or

. either of us has given notice to end the Agreement: or

. you go over the Individual Limit in any month:

you may not earn any Cash Back for that month: and if

 

. you do not pay the minimum payment in any month: or

. you are given a refund for a Purchase on which we paid a Cash Back

we can deduct the Cash Backs we gave you that month or

on the refunded Purchase.

 

6.4 We may amend or add to this condition 6, at any time for any of

the reasons specified in condition 12.1 (including those relating to Charges) and will tell you about the change as set out in condition 12.2. In particular we may change the Cash Back values, the type of Purchase on which Cash Back is paid, how Cash Back is calculated and how it is paid to you. If we change the way in which we calculate Cash Back this will not affect the calculation in relation to any Purchases you have made before the change takes effect.

 

6.5 We may stop paying Cash Back by giving you 30 days notice.

 

7. Security

7.1 You must always:

. make sure that an Cards are signed immediately when received:

and

. take reasonable steps to keep the Card and Credit Card Cheques

safe and the PIN secret at all times: and

. tell us as soon as you can if the Card or Credit Card CheQues are lost or stolen or you think that they or the Card number may be misused ('lost etc'), or that someone may know the PIN or your statement includes an item which you think is wrong; and

. give us all the information you have about the loss etc. of a Card, Card number. Credit Card Cheques or the PIN, and any other information we ask for to help us. We may give the police any information we think will be useful.

 

7.2 You must never:

. allow anyone else to use the Card the Card number or the Credit

Card Cheques;

. tell anyone apart from an Additional Cardholder your PIN

(including us):

. write your PIN on the Card or on anything You usually keep with

it. (If you do keep a written record of your PIN you must make an

attempt to disguise it):

. give the Card number to a third party. except for a Transaction.

or to report the loss etc. of the Card or if we ask you to do so;

. use Cards (or the Card number) or Credit Card Cheques which you have reported as lost etc. You must cut the Cards in more than two pieces and throw them away and destroy the Credit Card Cheques.

 

7.3 You must tell us as soon as you can about the loss etc of a Card

by telephoning us on 01268 298807. We may ask you to confirm by letter within seven days any relevant information.

 

7.4 You will not be responsible for any Transaction not authorised by you if it was made either afler you havet old us under condition 7.3 that your Card is lost or stolen or may be misused or by someone else using the Card number when the Card is not present (e.g. by post. telephone. Internet).

 

7.5 If you let someone have your Card. or we can show that you have acted fraudulently, you will be liable for all the Transactions which take place before you tell us that the Card is lost. stolen or may be misused. You will not be liable for any unauthorised use of the Card.

 

7.6 lf you want a third party to collect information about your Egg

accounts from us so that it can be aggregated with information about other accounts you have, you may be asked to give your security details and passwords which have been set up to enable you to access the Secure Area ('Passcodes') to that third party. Before doing so you must check that that third party is approved by us. We will not treat the disclosure of your Passcodes to such a third party whom we have approved as a breach by you of the provisions of this condition 7.

 

8. Additional Cardholders

You will be responsible tor all use of the Account by an Additional Cardholder (including any use which makes you break this Agreement) and for ensuring that the Additional Cardholder follows condition 7 and any other instructions we give you about Card security and giving information to us. You understand that we cannot control how Additional Cardholders use the Account and that you must cut in more than two pieces and throw away an Additional Cardholder's Card if you want us to cancel it.

 

 

(Next page):

 

9. Statements

We will put your statements on the Secure Area once a month and send you an e-mail to tell you it is there. This will show the payments you have made, any Card refunds and any amounts we have put onto the Account since the last statement. If we cannot produce a statement we will use your normal monthly statement date to work out interest and the Payment Date.

 

10. Limits of liability

We will not be liable:

. if we are prevented from doing anything we have said we will do under this Agreement because of anything that we cannot reasonably control, including any machine failing to work and industrial disputes;

. if we do not authorise a Transaction or a Card or a Credit Card Cheque cannot be used for a Transaction for any reason;

. for any loss or damage you or any Additional Cardholder suffer as a result of the way you are told that a Transaction is not authorised.

 

11. Refunds and Claims

If we receive details of a Card refund from a retailer we will credit the Account but we will not give refunds otherwise. You cannot use a claim against a retailer to make a claim against us, or refuse to pay us, unless you have a legal right to do so. You cannot transfer any rights against us to anyone else.

 

12. Changes

12.1 We can change this Agreement 10 make it fairer to you or more easily underslandable, or to correct a mistake (provided that this correction would not adversely affect you), or to cover a development in, or the introduction of, new services and new ways in which you can use the Card or to reflect a change in the law or any code of practice (or the way in which they are applied). We may also at any time add a Card fee and vary the Charges and interest rates for any of the fo!lowing reasons:

. to reflect a change in market conditions or banking practice or the overall cost of providing our services to our cuslomers:

. to reflect a change in the law or any code of practice (or the way in which they are applied);

. to reflect a change in technology, to cover an improvement or change in our services or in the facilities that we provide;

. to ensure the good management or competitiveness of our

business:

. for any other valid reason.

 

12.2.1 Apart from changes in the interest rate and changes which are

to your advantage (which we may make immediately) we will give you at least 30 days prior notice of any change or addition to this Agreement.

 

12.2.2 if the change is to your disadvantage, we will let you know of the change by putting messages on your monthly statement or sending you an e-mail or separate written notice, and, provided that you have repaid all amounts you owe us, you have the right to close your Account at any time up to 60 days from the date of the notice so that the disadvantageous change does not apply to you.

 

12.2.3 We will tell you about any changes which are neither to your advantage nor disadvantage, or advantageous changes by advertising on the Egg website or in the press or by letter, e.mail, statement notice or other personal notice.

 

12.2.4 We will confirm interest rate changes or any changes to this Agreement which are to your advantage within thirty days after the change. Changes in interest rate will be so notified by statement notice, letter, by sending you an e.mail or written notice,

12.2.5 If we have made a major change or a lot of minor changes in anyone year, we will give you a copy of the new terms and conditions or a summary of the changes.

 

12.3 We may withdraw or vary services or benefits we give you with the Card at any time without giving notice.

 

12.4 if you change your name, address, telephone number, e.mail address or the bank account from which we collect your monthly payment, you must give us the new details.

 

13. Limiting use of the Account

We may, without warning and without ending this Agreement:

. refuse to authorise a Transaction: or

. cancel or suspend the right to use the Account; or

. refuse to replace a Card.

But we will only do this it it is reasonably necessary to do so.

14. Early Payment

14.1 We will ask you to make an immediate payment of:

. any overdue amounts:

. any amount over your lndividual Limlt: and

. the amount of any Transaction which breaks this Agreement.

 

14.2 As long as we follow the correct legal requirements, we can ask you to pay the full amount which you owe us under this Agreement if you:

 

repeatedly fail to comply with your obligations:

. die: or

. become bankrupt, or an application for an interim order is made against you under section 253 of the Insolvency Act 1936.

15. Ending this Agreement

15.1 We can end this Agreement by giving you not less than 30 days notice by post or e-mail. If there are exceptional circumstances we can end it without advance notice. You can end it at any time by telling us to do so by post or e.mail. ln both cases the Agreement will continue until you have repaid all amounts you owe us and have cut in more than two pieces and thrown away all the Cards we gave to you or an Additional Cardholder.

 

15.2 Any benefit or services we provide will end when you give us notice or when our notice is effective unless the tenrms of the particular benefit or service state otherwise.

 

16. use and disclosure of Personal Information

 

16.1 We will hold and process your Personal Information by computer or otherwise and disclose it to other Egg

companies for them to use:

. for assessment and statistical analysis for our or their business;

. for the purposes set out in condition 1.2 (Egg companies will only do this if you have agreed that they can);

. and for considering any application you may make to us or them and for this purpose we may share your Personal Information with the non-Egg divisions of Prudential Banking pic.

 

16.2 We and other Egg companies may disclose your

Personal Information:

. to credit reference and fraud prevention agencies. We will make searches of your details with credit reference and fraud prevention agencies when we consider your application. We will also give details of how you manage your Account to credit reference agencies. The information which we give to fraud prevention and credit reference agencies will be recorded by them and shared with other organisations. Organisations use fraud and credit agencies to help make decisions about

credit and credit related services, for you and members of your household, for debt tracing and collecting, fraud and money laundering prevention, for statistical analysis about credit, Insurance and fraud, and to manage your accounts or insurance policies. Organisations also use fraud prevention agencies to help them to make decisions on motor, household, credit, life and other insurance proposals and insurance claims, for you and members of your household.

. to our insurers, sub-contractors and persona acting as our agents who have agreed to keep your Personal Information strictly confidential;

. to Linked Suppliers to the extent that they need your Personal Information to provide additional benefits or services to you.

 

. with your consent;

. If we are required or permitted to do so by law; and

. subject to giving you advance written notice, to other companies In the Prudential group, in which case the terms of this condition 16 will apply to the use of your Personal Information by companies in the Prudential group.

 

16.3 We may transfer your Personal Information to an Egg company, Linked Supplier or sub-contractor or person acting as our agent in another country so long as they agree that your Personal Information will receive the same levels of protection as we are required to give it in the UK.

 

16.4 Under the Data Protection Act you are entitled to a copy of your personal data held by us on payment of a fee.

 

16.5 You have the right of access to your personal records held by credit and fraud agencies. The credit agency we use Is Experian, PO Box 8000, Nottingham, NG15EX.

 

16.6 Some of our decisions are automated, based on information we hold about you. If you would like us to review a decision we have made about you (whether or not automated), please let us know within 21 days of being notified of a decision we have made about you.

 

 

(back of page):

 

17. Non Credit Charges

17.1 We will charge:

. £2 for each paper statement and

. £10 should you request us to stop a Credit Card Cheque: and

. If you ask us for any non-standard service, an amount

which we will tell you before we provide the service.

 

17.2 If you do not do what you agree to do under this Agreement we

may make the following charges to cover the addilional cost

caused to us:

. £2 for any payment made other than by direct debit, debit card

or transfer from an Egg savings account:

. £20 each month you go over the Individual Limit:

. £20 If you do not keep up the payments on the Account;

. £20 for any payment returned for lack of funds:

. any costs reasonably incurred by us in taking steps to recover what you owe us, recovering Cards and tracing you if you have failed to tell us of a change in address.

We will continue to charge interest on any late payments both betore and after any court judgement.

 

18. General

18.1 We may record or monitor phone calls between us and you or

an Additional Cardholder so that we can check instructions

and make sure that we are meeting our service standards

 

18.2 We may transfer to any other person or business any or all of:

. our rights under this Agreement at any time;

. our duties (including, without limitation, our duty to lend to you).

We may do this without telling you. Your rights under this Agreement and your legal rights (including under the Consumer Credit Act 1974) will not be affected.

 

18.3 The Card is available to people aged 18 or over who live in the

UK.

 

18.4 This agreement is governed by the laws of England and Wales

 

18.5 We will comply with the provisions of the Banking Code.

Copies of the Banking Code are available on request.

 

19. Complaints

19.1 It you think that we have made an error on your Account or that we have not delivered the standard of service that you expect, please let us know promptly so that we may investigate the circumstances as soon as possible.

 

19.2 If we are unable to resolve any complaint through our Internal complaints procedure, you may take your complaint to the Financial Ombudsman Service. In order to contact the Financial Ombudsman Service or obtain details of the Financial Ombudsman Service, you should write to:.

The Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London

E14 9SR

Tel; 0845 000 1800

e.mail enquiries@Financial.ombudsman.org.uk

website www.financial.ombudsman.org.uk

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

 

YOUR RIGHTS

 

The Consumer Credit Act 1974 covers this agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made. lf they are not, we cannot enforce the agreement against you without a court order.

 

The Act also gives you a number of rights. You have a right to

settle this agreement at any time by giving notice in writing and paying off all amounts payable under the agreemenl. If you have obtained unsatisfactory goods or services under a transaction financed by this agreement. apart from any purchased out of a cash loan, you may have a right to sue the supplier, us or both.Similarty, if the contract is not fufilled, perhaps because the supplier has gone out of business, you may tlill be able to sue us.

If you would like to know more about the protection and remedies provided under the Act. you should contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau.

 

LOSS OR MISUSE OF EGG CARD

 

It the Egg Card is lost. stolen or misused by someone who obtained it without your consent. you may be liable for up to £0 of any loss to us. If it is misused with your permission you will probably be liable for ALL losses. You will not be liable for losses to us which take place after you have told us of the theft. etc provided you confirm any oral message in writing within seven days.

 

 

Edited by Artie44

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I hope you didn't type all that :rolleyes:

 

This is a standard Egg Credit card agreement. Opinion is that it is unenforceable because there is no prescribed term giving a credit limit. 'Approved limit' is meaningless.

 

Somewhere there is a thread started by pt2537 which says jsut why egg agreements are not enforceable


Steven

 

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Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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.........

About your Egg Card

3. Limit

We will tell you from time to time the Approved limit we have set and, it different,

the Individual Limit which you have chosen for the Account.

..............

Approved Limit means the limit we set from time to time on the amount you can borrow from us on the Account.

 

This is an issue about an express term missing from the text of a mutually signed contract. In the absence of such an express term, under what circumstances will the law allow said term to be (implied) i.e.

 

"Approved (Credit) Limit means the limit we set from time to time on the amount you can borrow from us on the Account."

 

A similar point was raised and judgment passed in a county court case on bank charges: Kevin Berwick v Lloyds TSB 13 APR 2007, District Judge Cooke presiding.

 

http://news.bbc.co.uk/2/shared/bsp/hi/pdfs/15_05_07_bank_charge.pdf

18: I find it therefore on the evidence before me that there is no express term of the contract between Mr Berwick and the bank of the type referred to above. Is there any similar term to be implied? It is trite law that a term will only be implied into a contract if it is necessary to do so to make the contract make business sense. The word "necessary" must be empasised: it is not enough that a contract would make better sense if an additional term were written in, the court must be satisfied that the parties must be taken to have agreed the additional term because without it the contract would make no business sense at all.
Edited by Mistermind
formatting

 

 

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I hope you didn't type all that :rolleyes:

 

Nope, that would have taken a month at the speed I type.

It was scanned at 1200dpi resolution and converted into text with an OCR program which was set to ignore graphics.

 

Thank you for the pointer to PT2537

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This is an issue about an express term missing from the text of a mutually signed contract. In the absence of such an express term, under what circumstances will the law allow said term to be (implied) i.e.

 

"Approved (Credit) Limit means the limit we set from time to time on the amount you can borrow from us on the Account."

 

Does that mean that if the Agreement uses the term 'Approved Limit' it should be taken to mean the same thing as 'credit limit? or is the term 'credit limit' required by law and not allowed to be substituted.

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The verdict will come from the judge, not the plaintiff or defendant.


 

 

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That would be true for a normal contract - but this isn't a normal contract, it is a regulated agreement and is subject to the Consumer Credit (Agreements) Regulations 1983 which are very specific about what must be in a regulated agreement


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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When a precedent ruling is finally made public there will be no more discussion.

 

Until then there are specific regulations, and there are general legal principles and common law. A judge will give the answer.


 

 

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MM, you are right


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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When a precedent ruling is finally made public there will be no more discussion.

 

Until then there are specific regulations, and there are general legal principles and common law. A judge will give the answer.

There appear to be some successes against Egg in the county court because of the use of "Approved Limit" instead of "Credit Limit". What is needed to get a precedent ruling?

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So long as it goes our way :rolleyes:


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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So long as it goes our way :rolleyes:

I don't understand, please explain

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We don't want a precedent that says that "approved limit" is OK


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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We don't want a precedent that says that "approved limit" is OK

Well, in these forums there are several cases reported as won in the county court because the term "Credit Limit" was not used. I wonder if there are any well presented cases that were lost? And as for a precedent, doesn't that mean a high court case. I can't imaging many debtors having the money available to go that route.

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Well, in these forums there are several cases reported as won in the county court because the term "Credit Limit" was not used. I wonder if there are any well presented cases that were lost? And as for a precedent, doesn't that mean a high court case. I can't imaging many debtors having the money available to go that route.
I was just commenting on your remark:
There appear to be some successes against Egg in the county court because of the use of "Approved Limit" instead of "Credit Limit". What is needed to get a precedent ruling?

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Ok, thanks. I'm unsure what to do next. The debt is nearly £10k. If it is very likely that a court would find the debt unenforceable is it reasonable to try to negotiate a reduced settlement figure with the creditor? perhaps offer 50%?

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You could try - don't start wit 50% though, start at about 10% as that is all they would get if they sold it to a DCA


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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ref the 2002 agreement with "Approved Limit" but no "Credit Limit" I have an Egg document from 2007

Changes to your Egg Card Conditions

New Condition 1

We will set and tell you the Credit Limit from time to time.

 

Does that make up for the lack of Credit Limit in the 2002 agreement?

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It still isn't the agreeement you signed - but I'm not sure. I guess it would be up to a judge


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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So not hopeless to put it before a judge.

Edited by Artie44

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I have the same agreement from 2003 and it is confusing what action to take


I'm worse at what I do best and for this gift I feel blessed

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In August 2007 the Master of the Rolls, the administrative head of the Judiciary ruled that the tsunami of claims hearings over unlawful bank (not credit card) charges reclaim be stayed pending a High Court ruling on OFT-v-banks. Two years later the banks have lost but are appealing no doubt taking another two years or more all the way to the House of Lords and European Court.

 

The 2007 stay was a topdown ruling binding on all cases in the pipeline allowing through just a few exceptions pleading for hearing through hardship. The present stay against a growing tidal wave of unenforceable agreements cases has not come from the top binding all lower courts. There are conflicting stories about how some courts are still hearing enforceability cases based on case law, but not always issuing consistent verdicts. A sample of cases of interest are being selected for referral to the Commercial Court as Test Cases. For up-to-date reading on this burgeoning specialist subject,

 

Legal Issues - The Consumer Forums would probably be best. Meanwhile:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/216538-claim-stayed-due-unenforceable.html

 

Unenforceable Credit Card Agreements | Advice |

 

Clarification: Why Are unsigned Credit Card Agreements enforceable ...

 

Unenforceable credit card agreements - Legal seagulls

 

Unenforceable Credit Card Agreements | Write off Debt Under the ...

 

Unenforceable Loan Agreements - Advice: Write off Loans & Remove ...

 

Thousands of Unenforceable Credit Agreement cases can now be heard

 

Credit Issues successfully challenges credit card agreements and ...

 

Unenforceable Credit Card Agreements I Write Off Credit Card Debt

 

The Truth About Unenforceable Agreements - Debt Trust UK

 

Unenforceable Credit Agreement cases can now be heard ...

 

(N.B. The OFT advises that laymen should verify any claims of success where claims agents ask for fees in advance.)

Edited by Mistermind
OFT reminder

 

 

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Egg sent a default notice. I sent them a dispute letter on the grounds that the agreement failed to include all the prescribed terms and was improperly executed. I reminded them that they were not allowed to attempt to enforce the disputed agreement whilst it was under dispute.

 

Three weeks later they sent a Termination Notice.

 

Is that unlawful termination?

Edited by Artie44

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