CCA from Egg - Help Required

[seriously fed up]

copy of letter 3 here The Consumer Forums - Debt collectors. Probably just another pointless threat, but better to be on the safe side.

This is just their due process. What they will do at the end of it, I really dont know. I read on another thread that the Cardiff Egg case has been put back from March to June. A lot of us have gone down the road of "approved limit" is no good as a prescribed term - I know I have. But as time goes on there are other problems with their practices popping up - for instance that you can pay ONLY by direct debit, can be said to be an unfair term (unfair terms in contracts act 1999); there is more attention going to how they calculate their APR - one agreement has APR = 15.9%; purchase interest = 15.9%; cash interest = 20.9%. How can that add up unless there is an assumption that you borrow no cash, so another prescribed term they have got wrong?

In short, still much to play for.

[ajs444]

Capital Credit Agencies are their in house DCA's, I'm getting calls from them on a daily basis, ask them for a letter of assignment and a fully compliant CCA the next time they call.

By the way their DPA is absolutely shocking.

[ajs444]

Spoke to Capital Credit Agencies today, didn't verify who they were speaking to (No DPA) then said they wanted to talk about my EGG account.

I stated to them that I did not know who they were and would not be indulging in any conversation regarding the account without a letter of assignment.

By the way the lady representing them must have been paid off by the gestapo, her charm was amazing.

[Mitch524]

Latest letter from Egg asking if I was having difficulty making payments a new payment plan could be arranged with the possibility of the interest being frozen.

 

Normal tactic or are they concerned that there agreements won't hold up in court ?

[Mitch524]

Received doorstep visit from an Egg (Resolvecall) representative today. When asked if I was who they were looking for I asked them who wanted to know. They said 'me' so I asked them what it was for and they told me Egg had sent them. I then told them that they were at the wrong house and shut the door. They just left.

Wasn't prepared for that today at all but managed to fob them off without much fuss.

Now need to get doorstep visit letters printed and ready.

This comes on the back of a letter from Egg the other day telling me my Egg card had been withdrawn and to cut up non-expired cards and return them.

Just received the post and got a letter that explains the doorstep visit. A bit of locking the door after the horse has bolted.

Should I send Resolvecall the doors step visit letter along with a copy of the account in dispute letter ?

Any input is greatly appreciated.

[seriously fed up]

the letter from Egg about your card, was it a termination letter? Had they sent a default letter beforehand? Do they fulfil the requirements of the CCA 1974, especially s87 and 88? If not then they have arguably unlawfully terminated the agreement.

But the immediate thing is the doorstep visit - this page gives good advice on how to deal with these and also a link to a letter that you ought to send to Resolvecall, Capital Credit Agencies (who would have set Resolvecall on you) and also to Egg. Include details of the dispute in the first two letters. Sometimes puts them off - though not very often. Note the difference in wording with being in Scotland in the template letter. Get these off ASAP as you might not be as lucky next time.

[Mitch524]

the letter from Egg about your card, was it a termination letter? Had they sent a default letter beforehand? Do they fulfil the requirements of the CCA 1974, especially s87 and 88? If not then they have arguably unlawfully terminated the agreement.

But the immediate thing is the doorstep visit - this page gives good advice on how to deal with these and also a link to a letter that you ought to send to Resolvecall, Capital Credit Agencies (who would have set Resolvecall on you) and also to Egg. Include details of the dispute in the first two letters. Sometimes puts them off - though not very often. Note the difference in wording with being in Scotland in the template letter. Get these off ASAP as you might not be as lucky next time.

 

What page ?

[Mitch524]

SFU re above I found it through your thread thanks.

[seriously fed up]

Just for avoidance of doubt - this one http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit- - and follow up on the letter link as well. Sorry!

[Mitch524]

The most recent letter received from Egg states that they have withdrawn my card.

This is strange as when they were going to hike up the interest I was given the option of having the use of the card withdrawn which I accepted and this was done back in November 2009 just prior to me sending off the CCA request.

[seriously fed up]

good for them

This is an interesting one and illustrates how the banks always try to have their cake and still eat it.

You have (had) a contract with them - they provide you with a credit card and they charge you a usurous rate of interest when the account is in debit (as it often will be - its the idea after all). However, Egg have withdrawn the card facility - they will no longer provide you with one of the main benefits of the contract. The contract is therefore terminated, one might argue. However, they reserve to themselves the right to continue to vary the rate of interest on the account under the terms of the contract they have arguably terminated, and at the very least have an obligation to provide you with a card to go out and make purchases. The problem is, of course, that i could be argued that the alternative is to require you to pay back the accumulated debt when they remove the card facility. But that notwithstanding, it is a bit cheeky of them to act as if the contract still existed, when they brought a major term to an end

[Bosund]

Subbing

[Mitch524]

the letter from Egg about your card, was it a termination letter? Had they sent a default letter beforehand? Do they fulfil the requirements of the CCA 1974, especially s87 and 88? If not then they have arguably unlawfully terminated the agreement.

Default notices sent from Credit Card Agencies.

The letter from Egg doesn't state anywhere about termination.

 

SFU any suggestions to put Egg on the back foot re the letter I received on 25th Febuary as detailed in previous post.

 

Thanks.

[seriously fed up]

Wee bit puzzled re this. Default notices have to come from the lender not from "credit card agencies".

As for how to reply to them, they are right about point 1 damn them . As for point 2 when they tried this with me, I replied

"In connection with your use of Approved limit rather than Credit limit, you assert that the meaning of the former is quite clear by reference to the definitions of Limit, Approved Limit and Individual Limit. However, I am sure you are aware that the prescribed terms are only properly stated without reference to another document. In your letter, you admit that a full understanding of “Approved limit” is possible only by reference to the wider terms and conditions "

You might also ask them here for legal precedent to justify this view - either regulations (they will say that no regs proscribe the use of approved limit - this is true, but every reference talks of credit limit). But the more important point is that if they are directing us to an understanding of approved limit by reference to the T&Cs then to all intents, they have lost because the prescribed terms have to be contained within the sig document. They are admitting its not.

As for 3, I hit them with a couple of things

"Re default charges, you refer me to s17 of the terms and conditions. However, when I turn to these I find a section headed “non-credit charges”, which includes charges, for instance, for copies of statements. For sure, this is followed by charges for "If you do not do what you agree to do under this Agreement we may make the following charges .....". What the 1983 Regulations require is a section headed "Charges on Default" (see section 22 of the 1983 Regulations). Default is never used in the Egg terms and conditions and I would therefore contend that this term is mis-stated in terms of the requirements of the Regulations. Moreover, the Regulations require in section 2, para 4 that “(4) Subject to paragraph (5) below, the information about financial and related particulars set out in paragraphs 3 to 19 of Schedule 1 to these Regulations, and also the statements of the protection and remedies available to debtors under the Act specified in Forms 5 to 10 of Part I of Schedule 2, shall be shown together as a whole in documents embodying regulated consumer credit agreements and not interspersed with other information apart from subtotals of total amounts and cross-references to terms of the agreement:”

In relation to the point highlighted, I hope we can agree that the terms and conditions sent to me do not fulfil this further requirement of the regulations. "

Remind them there being no credit limit (only approved limit to be understood by ref to another document) it is irredeemably unenforceable, in addition to their error re default charges, and the order of T&Cs.

The bit about "dispute" is quite interesting - can one party have a dispute? Can one party say there is no dispute? In any event they will keep to themselves the right to enforce. There probably isnt much that we can do to stop them, other than make clear that they just dont have the firepower.

Hope that helps

[bradfordlad]

Mitch - any chance of scanning the DN & posting it up (without personal info of course)

 

The notice IS supposed to come from the creditor. Might be a big help in your fight....

 

BL

[Mitch524]

Attached pdf is the latest from Egg.

 

Previous to that I received a letter from them claiming that even though I sent a letter to them re doorstep visits they would still instruct these to take place.

 

Am I right in saying they are wrong, below is the letter I sent them.

 

 

Dear Sir/Madam

 

Account number -

 

 

The above stated account is currently in dispute and will continue to be in dispute until Egg and myself can agree to the terms that have been set out in the dispute.

 

Until this agreement has been reached you and any representatives instructed by yourselves are acting unlawfully and this will be highlighted to the relevant bodies.

 

Please be advised that I will only communicate with you in writing. I have noted your previous attempts to contact me by telephone over the last few months and these have been duly logged by time and date.

 

On Friday 23rd April a Representative of yours called at my home without invitation or appointment. This was also before I actually received a letter from yourselves with details of this threat.

 

Furthermore should it be your intention to arrange further “doorstep calls”, please be advised under OFT rules, you can only visit me at my home if you make an appointment and I have no intention of making an appointment with you.

 

There is only an implied license under Scots Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc. Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you attempt to send a collector to my home, you will also be reported for harassment and I shall seek damages for a delict of trespass. You would also be liable for conspiring in a delict of trespass by acting is defiance of my instructions and sending someone to visit me nevertheless. Should it be necessary, I will obtain an interdict from the Court to prevent you carrying out your threat.

 

Any further actions taken by Egg to collect the alleged debt whilst it is under dispute will be vigorously defended. I am also aware of the law regarding harassment of creditors under these circumstances and will use UK law to defend myself.

 

I look forward to receiving a satisfactory response.

 

Yours faithfully

Egg Default 1.pdf

Egg Default 2.pdf

[Mitch524]

Any advice on post #41 would be greatly appreciated thanks.

[seriously fed up]

ok re dn i would suggest

1 check out if they have given you full 28 days including postage. there are several good threads on this, but hard to direcy you to them jus now as am away just now

2 have they got their sums right re arrears etc

If answer to either is no then hold on to it as this could lead to unlawful recission

Can they do this? Well pt's judgement is still to come down but as far as egg are concerned thet are right, there is no dispute so they will act on that basis.

Re home visit, they did this before you told them not to but nlow you have. I assume they got nowhere so unlikely they will repeat it. If they do you would have to raise an action to realise your threat

As for the threat of court, by the time this would be heard pt's judgement would be in. So hope for best. Also if the dn is not compliant they will have terminated unlawfully - sol keep that to yourself just now

[TinaTurner2]

subbing

[Mitch524]

Default Notice dated 2nd July and posted 2nd class. It has a settlement date of the 30th for arrears and overlimit amount at best I would have received letter on the 5th as the 2nd was a Friday.

 

Am I right in thinking that they then haven't given me the full 28 days ?

 

Now received termination dated 2nd August also sent 2nd class.

[GeoffreyAlby]

Default Notice dated 2nd July and posted 2nd class. It has a settlement date of the 30th for arrears and overlimit amount at best I would have received letter on the 5th as the 2nd was a Friday.

 

Am I right in thinking that they then haven't given me the full 28 days ?

 

Now received termination dated 2nd August also sent 2nd class.

 

 

I thought they only had to give you 14 days....