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    • Hi caggers, OH got a vanquis card, defaulted and made a last payment in July 2015. Since she gave me a heads up with threat letters for pre-court action, I fired off a CCA and got a response way after the prescribed time line (I can live with that). They did send her a CCA and breakdown of spends. The problem I had with the CCA they sent her was it was pretty unreadable (I can post a copy) but it had her signature on there. I don't doubt the OH owes money but after speaking with her she cannot remember but didn't think it was as much as Lowell's are wanting to claim for as she only had a £500 limit and the amount they want is near £900. So I fired off an AID letter stating the CCA was illegible and at the same time sent a SAR to them specifically asking for a copy of the DN, Breakdown of charges and Interest and anything else they hold. They come back acknowledging both letters but still asked what she her intentions are regarding the account with failure to do so possibly resulting in a claim form incurring costs. They also said they will not send any further copies of the CCA as they've already compiled with the original CCA request. Am I correct in thinking the CCA has to be legible and that this is grounds for the AID? I'm happy to come to an arrangement to clear the right amount owed but not some over inflated figure. Thanks PM
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Egg CCA received - ?Next Move - Help!


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Hi everyone, can anyone advise me on the following please : Egg loan CCA received - doesn't have prescribed t&c within the signed agreement - they are seperate. Doesn't have cancellation rights within the signed agreement. This agreement was signed for at home and sent by post. My question is this - what is my next move? should I get a solicitor's opinion as to the enforceability - and if so can anyone recommend someone. Or should I just write to EGG and tell them its not enforceable and then risk Court (very scary option)

thanks

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The T&C will be separate - it is the prescribed terms - reference to a credit limit, interest rate and repayment schedule - that are required to make an agreement enforceable and they must be in the same part of the agreement as the signature box (not necessarily on the same page but in the same section). You don't need to consult a solicitor. If you post it on here (Photobucket is good) with your personal information taken out we can have a look at it and tell you if it is enforceable. I expect it is standard Egg agreement. If it is, it will have "Approved Limit" on it instead of "Credit Limit", which strictly it should have to comply with the Consumer Credit (Agreements) Regulations 1983. I don't know if anyone has actually challenged that in court but my view is the a judge would regard it as a De Minimus matter ie it makes no difference to the enforceabilty as long as the prescribed terms are there.

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It does not appear to have the cancellation rights.

 

If an agreement is not properly executed it can only be enforced by court order (s65 of the CCA 1974). A court is not allowd to enforce such an agreement under certain circumstances:

 

2. If it is a cancellable agreement and the requirements about cancellation rights have not been complied with (s127(4))

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  • 3 weeks later...
It does not appear to have the cancellation rights.

 

If an agreement is not properly executed it can only be enforced by court order (s65 of the CCA 1974). A court is not allowd to enforce such an agreement under certain circumstances:

 

 

2. If it is a cancellable agreement and the requirements about cancellation rights have not been complied with (s127(4))

 

Hi Guys! Would appreciate some help if possible - am sending this letter to Egg in response to the CCA I received - It has a signature, but no cancellation or prescribed terms and conditions within the actual signed agreement.

 

Could you please check this letter to see if its ok - do I need to add anything?

 

Thank you for your response to my request under the Consumer Credit Act section 78. In your response you confirm this as a true copy of the original agreement executed by yourselves on the 24/05/06.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any prescribed terms means that a court would be prevented from enforcing it under s127(3

 

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt. After this period you should close the file and cease processing all personal data relating to me on this matter.

 

yours sincerely xxx

 

Will this do?

Thanks

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Or you could try Cerberusalert's letter:

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. 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.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. 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 until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains 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 agency.

 

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

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

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Hi, Thanks for that - the only thing is I feel awful - I mean, they have sent me a signed copy of an agreement - it has just got bits missing. They might just laugh me all the way to court and i will have to pay court costs etc what will their next move be do you think?

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Hi, Thanks for that - the only thing is I feel awful - I mean, they have sent me a signed copy of an agreement - it has just got bits missing. They might just laugh me all the way to court and i will have to pay court costs etc what will their next move be do you think?

Yes, it is signed but improperly executed. Choice has to be down to you in the end.

 

Most of us only fight them for 2 reasons.

 

1. They behaved like highwaymen when we asked for genuine assistace.

 

2. We can no longer afford to pay the installments, for various reasons.

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  • 1 month later...

Having received cca from egg with no T&Cs or cancellation rights, I wrote to Egg telling them I thought it was unenforceable. They have since written back asking why I think it is unenforceable. My question is this, do I carry on paying them and should I write to them and tell them why I think it is unenforceable?

Thanks for any advice you can give.

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