Egg cc - CCA response

[gerrylondon]

Hello all

 

I am helping my partner sort out their finances and have been ccaing several cc companies.

 

This one concerns Egg.

 

They replied with exactly the same documents that can be found on this post:

 

http://www.consumeractiongroup.co.uk/forum/egg/125896-received-cca-arc-re.html

 

obviously in a different name.

 

They also enclosed 34 pages of screen prints from a computer setting out their T&C's.....

 

My question is are these screen prints a true copy of the T&C's available and issued at the time of taking out the card? I believe they aren't.

 

I can post an image or two of a couple of pages if requested.

 

They have now passed the issue onto DLC and they are saying 'may result in legal action'.

 

Am about to send this to Egg but need to understand if the T&C issue above is true or not before doing so.

 

' Re: Consumer Credit Act 1974 Request

 

Thank you for your letter dated XXXXXXXXX.

 

I must inform you that you have yet to present all the information required.

 

The sections specifically states that all documents mentioned must be presented. The original terms and conditions which form an integrated part of the agreement are missing. You have provided 34 screen prints from a computer terminal. .

 

I must remind you that until this information is made available the agreement is in default and any action taken by you to enforce it will be in breach of section 78 and will be reported to the appropriate authorities.

Please provide a true copy of the original terms and conditions within 14 days or please state that you cannot provide a true copy of the original Terms and conditions.'

 

 

Thanks in advance for any help in this matter

 

 

GL

[Fluffystuff]

Hi,

 

Have a look at this thread, sure you'll find it very helpful.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html

[gerrylondon]

Hi there.

 

Many thanks for that.

 

Before i clicked that link i prepared myself for a bit of reading and understanding.

 

5 HOURS LATER!!!!! : )

 

I'm still getting my head around it but i get the gist of it.

 

Basically no prescribed term; 'credit limit' = not enforcable.

 

So I will fire off this letter to them and wait for them to completely ignore it and waffle on about 'using credit' etc.

 

Re: Consumer Credit Act 1974 Request

Thank you for your letter dated xxxxxxx.

The documents you enclosed provided in response to my CCA request was a two page document – the signature document and the document containing the rate of interest and a repayment schedule. However, I do not believe they meet the necessary legal requirement of a true credit card agreement for a number of reasons which I have clearly outlined below.

I would like to draw your attention to the prescribed terms contained within the document sent to me. The page (unsigned page) states “we will tell you from time to time the approved limit we have set and if different the individual limit you have chosen for the account.” This does not conform to the requirement of the Consumer Credit Act, as although the limit may be advised from “time to time,” the wording must be: “Credit Limit” and not merely approved limit or such like. To clarify, the use of the term “Credit Limit” is essential in order for the agreement to be in the prescribed form and to contain all of the prescribed terms. On these grounds the agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

I would also like to draw your attention to the following statement on the signed page, “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 clearly shows that the alleged agreement lacks equal consideration*. After you completed your final checks and other searches you failed to provide me with a copy of a valid contract binding both parties as required to do so under regulated agreements and contract law.

 

In view of the above, as well as your omission on the agreement regarding a valid explanation of default, I do not acknowledge this agreement as having been properly executed and as such do not accept it as a valid contract binding both parties under section 59 of the CCA 1974An agreement is void if, and to the extent that, it purports to bind a person to enter as debtor or hirer into a prospective regulated agreement'

 

In my request for a true signed copy of a CCA you responded by sending me a 2 page document and 34 pages of printout from a computer terminal. However, in your obligation to service my CCA request you failed to enclose the relevant Terms and Conditions which are linked to the CCA you sent.

 

The sections specifically states that all documents mentioned must be presented. The original terms and conditions which form an integrated part of the agreement are missing 34 screen prints from a computer terminal do not constitute the original Terms & conditions.

 

I must remind you that until this information is made available the agreement is in default and any action taken by you to enforce it will be in breach of section 78 and will be reported to the appropriate authorities.

You are reminded that the following applies in relation to this alleged agreement whilst it is in dispute.

 

You:

* are not entitled, while the dispute continues, to enforce the agreement.

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Please note you should consider this letter as notice under section 10 of the Data Protection Act (1999 ) to cease processing, with immediate effect, any data in relation to this account, both within your own internal records and records with any third party agencies as this likely to cause substantial damage or substantial distress to me or to another.

 

 

In clarification: 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 and compliant credit agreement and is a clear requirement of the Data Protection Act 1998, so until you produce such an agreement, you may not share my data. Any attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office. You may also note that sharing my data with credit reference agencies whilst an account is in dispute is contrary The Banking Code para. 13.6.

 

If you do issue a default notice against a disputed agreement or persist in sharing my data with third parties regarding a disputed agreement, I may instigate court proceedings to have the alleged agreement declared unenforceable, the default removed and the information removed from my credit file.

 

I would be happy for you contact me in writing with your intentions to resolve this matter, which remains a formal complaint. In the absence of a signed compliant agreement.

 

I would invite you to consider reducing the alleged debt to £0 and to remove any and all information regarding me or the alleged debt from your records and the records of any and all credit reference agency you may use.

Alternatively you may contact me further to agree a mutually acceptable resolution.

 

I would ask you to note that I will not enter into any communication regarding this matter except in writing by post and after taking advice, I am of the opinion that any continued pursuit of communication other than the manner I have respectfully requested may be in violation of the Administration of Justice Act 1970 section 40 as well as breaching the OFT Collection Guidelines.

 

I would appreciate your due diligence in this matter and I look forward to your reply within 14 days or as soon as possible – whichever is the sooner unless you consider this matter closed

 

In light of the above flaws I am very confident that you will agree with me when I say that the ‘so called’ True Signed Copy of a CCA requested by me XXXX XXXX on XXXXXXXX has not met the legal requirements and thus would be unenforceable if you wished to be peruse this matter further in a Court of Law. I look forward to hearing your response on this matter, and hope to hear from you within 14 days unless you consider this matter closed

 

What say all of you?

[Fluffystuff]

Wow, that's a very concise letter; shame they probably won't read it!

I'm just a little ahead of you - account in dispute letter sent and withheld payment last month so now the fun begins.