Mills1vEgg

[MandM]

Hi mills1,

 

I'm sure someone will be along soon that can comment on your agreement. It's a lot newer than my card one so quite different. Mine was 2001 when the application was online but a further executed agreement was sent out for signing so a bit different.

 

Going back to your original (1st) post, I believe that if they try and hike the interest you can object and refuse to accept this. They cannot then impose a higher rate provided you meet the minimum monthly payment AND provided you no longer use the card. Heard it on an interview on BBC London with Martin Lewis!

 

Hope this helps,

 

M

[MandM]

Hows that?

Thanks.

 

Images are fine now btw

 

M

[mills1]

Hi mills1,

 

I'm sure someone will be along soon that can comment on your agreement. It's a lot newer than my card one so quite different. Mine was 2001 when the application was online but a further executed agreement was sent out for signing so a bit different.

 

Going back to your original (1st) post, I believe that if they try and hike the interest you can object and refuse to accept this. They cannot then impose a higher rate provided you meet the minimum monthly payment AND provided you no longer use the card. Heard it on an interview on BBC London with Martin Lewis!

 

Hope this helps,

 

M

 

 

Thanks Mand

The card is in shreds I objected and they left me on the lower rate.

But if it is that the agreement is unenforceable? all the better

Thanks again.

[mills1]

Images are fine now btw

 

M

 

 

Got there in the end

[MandM]

Hi mills1,

 

I'm sure someone will be along soon that can comment on your agreement. It's a lot newer than my card one so quite different. Mine was 2001 when the application was online but a further executed agreement was sent out for signing so a bit different.

 

Going back to your original (1st) post, I believe that if they try and hike the interest you can object and refuse to accept this. They cannot then impose a higher rate provided you meet the minimum monthly payment AND provided you no longer use the card. Heard it on an interview on BBC London with Martin Lewis!

 

Hope this helps,

 

M

 

Slight adjustment to this>>>>>> I think it's if you make your NORMAL monthly payment. What I mean by this is if you usually pay a few hundred a month and suddenly you revert to the minimum (which might be only ten or twenty pounds) they might say YOU'VE changed the rules a bit.

 

Hopefully someone can clarify this further.

 

M

[mills1]

Slight adjustment to this>>>>>> I think it's if you make your NORMAL monthly payment. What I mean by this is if you usually pay a few hundred a month and suddenly you revert to the minimum (which might be only ten or twenty pounds) they might say YOU'VE changed the rules a bit.

 

Hopefully someone can clarify this further.

 

M

 

Thanks Mand, I think I saw that aslong as I continued to pay the minimum payment and did not use the card again then that would be fine, will have to go have a look...cheers

 

 

Found.............

 

In Condition 17.1 it states 'We can vary any interest rate (other than fixed rates). The variation may take account of factors that are personal to you such as the way in which you conduct your account or increased or decreased credit risk as well as factors that apply generally. We will give you at least 30 days' advance notice of interest rate increases and at least 7 days' notice of interest rate decreases'.

 

 

and..........

 

Condition 17.2 says 'If we notify you of an interest rate increase under condition 17.1 you can cancel the use of your Card and continue your Agreement with nochange to your interest rate if you tell us you wish to do so before the rate change comes into effect return or destroy all Cards when you notify us and make no further Transactions. Following notification from you regular payments that have been set up on your Account will not be paid. It is your responsibility to cancel any continuous payment authorities with the recipient. You will still be required to make payments in accordance with the terms of this Agreement which will continue to apply until the Balance is repaid in full'.

 

Edited December 31, 2009 by mills1

[Mistermind]

 

The card is in shreds I objected and they left me on the lower rate.

 

FOS and OFT are bigger than Egg. Big fish eat little fish, since January 2009:

 

January 1st - government deal on credit cards

[mills1]

So having put up the agreement am I justified disputing the debt?

Any help please?

Thanks and all the best for 2010 gang.

[mills1]

Can anyone advise if the agreement is missing prescribed terms thus making an account in dispute letter possible?

 

Thanks.

[mills1]

Can someone please confirm enforceability of the attachments I made?

Many thanks.

[mills1]

Is there anyone who can take a look at the agreement for me please?

 

Cheers.

[Mistermind]

Events are moving rapidly, with definitive Test Cases heading for judgment in Manchester Mercantlle Court over the next 4 weeks.

 

Two verdicts so far included a ruling that if an agreement has not been confirmed in court as legally enforceable, then the law will not prohibit the creditor from issuing DN, blacking credit rating, pursuing debt collection etc, i.e. everything except going for CCJ and Charge Order etc.

 

The second verdict is that the agreement sent to you need not be an accurate copy of the original signed agreement, it can even be reconstructed if the original is misfiled or lost. "If the agreement shows a blank signature it does not prove that no signature was signed." !!! The agreement reconstructed from IT and paper record is apparently sufficient to satisfy the requirement to supply CCA within 12 days. If the CCA is not supplied within the prescribed period, apparently that will not make the debt irredeemably unenforceable in future. In spite of failing to supply CCA on time, on whatever date in future if a valid agreement is supplied in court, apparently a judge will there and then rule it legally enforceable via CCJ, Charge Order etc.

 

The gist of it is that the creditor can take you to court, and the judge will decide if he choosses to say the agreement is enforceable. If the creditor take you to court, and if the judge rules it to be irredemably unenforceable, then further debt collection activities will probably be disallowed, subject to Test Case confirmation.

 

Until the creditor takes you to court, it looks extremely unlikely there is any way you can land a preemptive blow, to get a court injunction to rule the agreement as irredeemably unenforceable. McGuffick who tried for that saw the case blow up in his face big time. Injunctions are nomally issued to protect a victim from persecution and probable violence, and cost minimum £11K a piece. Until Egg takes a debtor to court, in the eyes of the law Egg have not even initiated an attempt at legal enfocement. How can anybody take out an injunction against a stalker, if said "stalker" has made no attempt to follow the victim? As to whether credit blackballing and debt collection via DCA constitutes persecution, the McGuffick judge already ruled it not so.

 

Until the impending Test Case verdict clear away the smoke, your opinion or mine or Egg's or assorted template letters, are pretty irrelevant. Egg focused on the Test Cases will know all this. Within 4 weeks the judges will have ruled, after which the OFT will come off the fence big time, and Egg and other creditors will act accordingly.

[mills1]

Thanks for the info Mister.

So, in the meantime it is pointless sending off a dispute letter?

 

Cheers.

[Mistermind]

If it makes you feel better, why not?

[supasnooper]

The agreement looks enforceable to me.

 

Have a look at these links which may help you decide on the enforceabilty of the paperwork (courtesy of 42man & steven4064) -

 

 

Is My Agreement Enforceable - Useful

Consumer Credit Agreements

[sarnie2109]

Have you done any more with this yet?

[mills1]

Have you done any more with this yet?

 

 

Supasnooper seems to think the agreement is enforceable so nothing at the moment.

[mills1]

Making Token payment to Egg having explained circumstances changed etc; also asked for interest and fees be frozen until such time circumstances change, when I told Egg I would inform them.

I have not sent off Income and Expenditure form explaining to Egg that only a judge is legally entitled to see, I have said I am quite willing to let a judge decide.

Egg have not accepted my offer and have said I have an " obligation " under some bankers code to provide an Income and Expenditure to Egg so they can look at my circumstances and put me on the " right plan "

I am going to continue with token payment, any thoughts?

 

Cheers.

[mills1]

Had a letter from Capital Collection Agencies, saying Egg are unaware of any contact with me regarding the debt.

Odd given that I have copies of emails I have sent Egg offering a reduced payment and requesting that interest and fees be frozen.

I have told Egg that all correspondence re the account should be done via email or snail mail, no telephone discussions.

Letter from CCA gives me 72 hours to contact Egg by telephone before one of their agents visit me at home.

Depending how they calculate 72 hours that has now expired, but I have again emailed Egg explaining the situation and advised against anyone from CCA, EGG or any other company representing Egg visiting my home address.

I have informed them that any visit would be treated as harrassment and fos and oft would be informed and the police called.

Any thoughts anyone?

 

Thanks.

[Mistermind]

I have informed them that any visit would be treated as harrassment and fos and oft would be informed and the police called.

Any thoughts anyone?

 

Thanks.

To keep up with the latest countermeasures against disturbing home visits:

 

click Search on the blue bar at the top

click Advanced Search inside the popup box

search for keyword VISITS, selecting "present in the thread title"

click "Search Now"

 

Good luck.

[mills1]

Thanks for the reply Mistermind.

I printed off and filled in the complaint form from the OFT I received couple of weeks ago, this has been sent off this morning.

Fed up with Egg taking liberties, basically telling people how communication will be conducted.

" You must telephone us immediately on this number..... "

They just do not get it, when asked to conduct all communication by mail or email.

When told that telephone conversations will not be entered into they still do not get it.

Ignoring customers requests, as if their point of view is all that matters.

Anyway, lets see what OFT make of it.

I have told Egg that as far as I know there was no letter sent to me to inform me that the debt had been sold to Capital Collection Agencies.

That any doorstep visit from anyone associated with Egg will meet with a polite door shut in the face, if needed the police will be called.

They are quick to point out customers obligations but forget their own.

Cowboys.

[mills1]

Does anyone know why Egg are so shy as to not sign their letters they send out?

Have now asked for a copy of the letter of assignment giving Capital Credit Agencies permission to persue the debt.

Should be interesting.

[mills1]

Another letter from Capital Credit Agencies asking that I contact them by phone, even though I have insisted there will be no contact by telephone, all communication should be kept in writing.

Also no letter of assignment from Egg giving Capital Credit Agencies the power to pursue the debt, I did ask for this in my last communication with Egg.

So far as I am concerned Egg have passed the debt on, from the communication I have received how could I believe otherwise?

Had a reply from OFT thanking me for allowing them to look into my complaint, just waiting for further communication from OFT now.

New twist in the recent letter from Capital Credit Agencies is the threat of a check in to the land registry, this will bear no fruit for them, we rent our house.

Also validation of Employment Details, is the new one on me.

There is the threat also of a home visit from one of " Resolve Call " Contact Managers.

The above threat made even though I have reported Egg for this very behaviour.

As far as I am concerned the account is in dispute.

Any ideas of the way forward?

Cheers.

[mills1]

Now this morning a letter from Egg themselves informing me that my card has been cancelled with immediate effect and I should cut it in two and return it.

Also informing me that payments should be made as normal.

" Your account will remain open for repayment purposes only "

What are they playing at?

[mills1]

Resolvecall seem to think it ok to make threats of doorstep visits to collect money then tell a customer that they should direct any complaint about their action ( resolvecall ) back to Egg.

 

" As the instruction to contact you was initiated by Egg it would seem appropriate that your complaint be directed against Egg and, as stated in our previous email to you, resolvecall has closed its records and returned the matter to Egg. "

 

The above the words from email received from Resolvecall.

I have replied insiting they send me a copy of their code of practice and complaints procedure, I wont hold my breath.