Egg agreement unenforceable?????

[busyjerome]

Thanks Boo, ARC and this T Munn seem very intimidating, i have seen a template letter on here somewhere so i will have a trawl tomorrow, thanks

[busyjerome]

UPDATE

Just thought i would do an update.....No letters...no phone calls they may have gone after easier fish but no doubt I will hear from them as soon as I post this entry ))))))

[Bazooka Boo]

Blooming heck! Almost 12 months without any harassment eh.....too good to be true, although it will have given you time to find out more info about them and their sorry corrupt rotten to the core industry, so now if they or any of their other toothless cronies pipe up you will be able to laugh at them even louder!

[Happyhippy1959]

To true Boo, strangely quiet for that length of time...

[cosmos70]

UPDATE

Just thought i would do an update.....No letters...no phone calls they may have gone after easier fish but no doubt I will hear from them as soon as I post this entry ))))))

 

Hi busyjerome, I've just received letter from T Munn and am being chased by ARC. Am worried about the T Munn letter, sounds same as you received, threatening to prepare papers etc. Just wondered what you did or sent them in response? Thanks

[busyjerome]

Hi Cos

Yeah their letters gave me a little bit of a wobble too but after posting on here I felt a little better and realized that whatever the letter threatened I couldn't do anything about it anyway. So basically I have got cheesed off sending out all these letters so as Egg have never informed me that they have purchased the debt I have ignored them. I am pleased to say that it has resulted in the following,

I have not heard from them since that letter on JULY 2010 so if you are in the same boat IE (can not do anything about it) I would say no contact seems to discourage them pretty easily.Hope this helps cosmos NEARLY A YEAR AND COUNTING :-D:-D

[cosmos70]

Thanks for the speedy response. I hadn't been phased by all the previous threatening letters, it was all "if's and maybe's", but this one has really given me the jitters! I have been in a spell of not responding to much of what has been sent for last few months as I've got nothing further to say, albeit I'm really uncertain as to enforceability with EGG now. I think what has caused me concern is that I'm struggling to know what to do with Egg since the test case (thankfully it just went really quiet), and cannot see if I've really got a leg to stand on with the agreement they supplied, or what argument to fend off the DCA's with anymore. Thanks for your advice, all comments are really welcome at the moment!

[Undercover-Elsa]

Probably gone quiet due to the long drawn out sale of the credit card section of Egg. Now owned by Barclays.

Still, let's hope they lost all the agreements in the move

[panther12]

Same here. I've been helping a friend with 2 EGG accounts (Loan & CC). ARC got involed but we've not heard anything more for a year. Just get a statement of account about every 6 months.

[busyjerome]

Funny you should say that I have just had a letter saying that barclay's have taken over the account but no other details so that might explain the lack of correspondence. Well i guess i can look forward to another round of letters and phone calls off barclay's then.

Cosmos what did you mean about "The egg test case"???? I know there was a long running one with PT but I can't seem to find it now. Is that the one and can somebody post the link please????

[Undercover-Elsa]

It's been removed

[busyjerome]

Oh right any ideas why and what happened Elsa??????

[Undercover-Elsa]

Long story. I think when the case sadly failed, it was taken down.

Wouldn't have done for people on here to be confused into following the defence used.

[cosmos70]

Funny you should say that I have just had a letter saying that barclay's have taken over the account but no other details so that might explain the lack of correspondence. Well i guess i can look forward to another round of letters and phone calls off barclay's then.

Cosmos what did you mean about "The egg test case"???? I know there was a long running one with PT but I can't seem to find it now. Is that the one and can somebody post the link please????

 

Yes, that's the one. I'm finding it hard to know what line to take on the egg agreements now and am left wondering what everyone else in the same predicament with egg are doing, am really looking for some guidance!

[Undercover-Elsa]

The legal argument was how they defined the credit limit.

It's going to be down to individual cases, how aggressive they are, how people respond, and whether the judge had his weetabix. Nothing new there then!

 

So, check the fine details. Is what they supplied a photocopy of a microfiche indicating they destroyed the original?

Is it fully legible? Did they supply the original T&C's plus amended versions? Do the interest rates at inception match those on the first statement? Have they harrassed and treated you unfairly? Are there any unfair charges? Have they sent a compliant default notice / notice of assignment? Have they sent 6 monthly Notices of Arrears? Have they made misleading statements in contravention of CPUTR 2008? Was there missold PPI? etc etc...

 

The unknown element is the judge, however. But the more you nitpick and complain, the less likely they are to instigate court action, in my opinion.

[GeoffreyAlby]

The legal argument was how they defined the credit limit.

It's going to be down to individual cases, how aggressive they are, how people respond, and whether the judge had his weetabix. Nothing new there then!

 

So, check the fine details. Is what they supplied a photocopy of a microfiche indicating they destroyed the original?

Is it fully legible? Did they supply the original T&C's plus amended versions? Do the interest rates at inception match those on the first statement? Have they harrassed and treated you unfairly? Are there any unfair charges? Have they sent a compliant default notice / notice of assignment? Have they sent 6 monthly Notices of Arrears? Have they made misleading statements in contravention of CPUTR 2008? Was there missold PPI? etc etc...

 

The unknown element is the judge, however. But the more you nitpick and complain, the less likely they are to instigate court action, in my opinion.

 

 

You are too right that the unknown element is the Judge. In my case the Judge was adamant that a credit card agreement didnt require a DN, so whether it was invaild or not was irrelevant. DNs are only required for fixed term loan agreements.

[Undercover-Elsa]

Hi Geoffrey,

What a travesty!! Are you appealing this?

Yes, in running account credit they can terminate without default , with appropriate notice any time if the T&C's allow it, but they must allow monthly instaments to continue.

They cannot lawfully demand the full balance, either on a contractually terminated or defaulted account, without a default notice. It's the removal of the instalment option and early enforcement of the full balance that's the issue.

 

To quote HHJ Chambers QC from Harrison vs Link in the High Court "The notice of enforcement was a statutory pre-condition of enforcement. It was a bad notice and enforcement cannot be attempted in dependence upon it."

This was a credit card.

So sorry that you got one of the bad apples, if he'd done his homework/job instead of being swayed by disinformation from the claimant's sols this wouldn't/shouldn't have happened.

kind regards,

Elsa x

[busyjerome]

UPDATE

Just thought i would do an update.....No letters...no phone calls they may have gone after easier fish but no doubt I will hear from them as soon as I post this entry ))))))

 

Well after saying that low and behold i have had a letter, it just states that barclays have now bought egg credit cards so i should imagine i will have another round of letters and phone calls due. No demands yet though