Calamoli v Egg - CCA No Signiture/Tick & Strange Letter? Please Help Me.

[calamoli]

Hello, could somebody please help me regarding paperwork received from Egg in response to my CCA request? The CCA request was originally sent on 10/03/09 & I did not receive the paperwork until December 09, although I have been hounded by DCA's for many months, despite informing them that the account is in dispute, awaiting Egg's response. They are now threatening court & because of serious personal & health problems, I am very behind with my mail & worried sick.

 

I'm back with a vengence now & really need to go for it but I desperately need some good advice if possible please (This is the 1st CCA/enforcability for a credit card that I have tackled so I would really appreciate your help.)

 

The paperwork they have sent is basically a load of printed sheets with some very basic info about me on the 1st couple of pages, the rest seem to be a load of "computer churn" as I call it - spread out over 23 pages. There is no signature or tick box that I can see - no handwriting whatsoever.

 

The covering letter that was on top reads:

 

Dear Mrs - - - - -

Your Credit Agreement Request

 

Further to your recent (9 months is recent:-?) request for a copy of your credit card agreement, we enclose a true copy of your agreement with Egg.

 

The true copy provided:

 

Reproduces the original terms & conditions of your agreement together with the original interest rates, as accepted by you at the time of your application.

 

Does not include the signature box, signature or date of signature as in accordance with Regulation 3(2)(b)(ii) of Consumer Credit (Cancellation Notices & Copies of Documents) Regulations 1983; we are not required to provide them.

 

In addition, we have enclosed for your information your current terms & conditions.

 

Your account is currently in arrears. The amount outstanding on your account is ****. Please refer to section 2 of the current terms & conditions which confirms when payments fall due to be paid under the agreement & the basis for calculating the amount of payments due.

 

This completes our obligations under the Consumer Credit Act 1974 including related regulations and satisfy your section 78 request.

 

For the avoidance of doubt the fact that you have made a section 78 request does not entitle you to withold your regular monthly payments; as such you should ensure you continue to make your monthly payments.

 

If you are having difficulty in making your payments, or staying within your credit limit, please contact our Collections Dept on 0845 6000 296 who will be pleased to help.

 

If you have any further questions or require additional information, please contact us in writing at the address provided.

 

Yours sincerely

 

Steve Birkinshaw

Head of Transaction Services

UK Consumer.

 

I am quietly holding my breath & praying that some of you great people will be able to give me some hope regarding their reply. Obviously, i'm very inexperienced in this area & don't dare voice my thoughts (maybe it's just wishful thinking). Hopefully, you can put me out of my misery, one way or another.

 

This company have completely fleeced me, then piled on horrendous amounts re charges, while I have been hospitalised/undergoing treatment & like a lot of people, I could really use a bit of good news. Talk about kicking you when your down. They have had way more back than I ever used so I don't feel in the wrong to hope for the chance of unenforceability.

 

I will keep researching & trying to teach myself of course but given the threats & delayed timeframe (my fault I know) I would be so grateful for some wisdom & advice as a matter of urgency. Please help me if you can.

 

Thank you so much for your time.

 

Best wishes to all

 

Michelle.

[diamondgirl]

I'm guessing that you took this out on the internet.

Some agreements have a tick in one of the boxes which is supposed to

replace your signature, obviously we can't sign anything on line.

I would be of a mind to keep it in dispute but I'm not up on Egg agreements especially those done on line.

Hang in there I'm sure someone with the knowledge of Egg will be along soon. In the meantime click onto the Egg forum and have a good read of the threads it will give you a bit more insight into Egg agreements.

DG

[calamoli]

Hi DG, thanks for the advice - i'm really hoping an Egg expert will take pity on me sometime in the near future. Excuse my ignorance but you have advised me to click on the Egg forum...I thought I had:oops: Obviously, i've got a lot to learn. I've been reading other threads all day but i'm finding it really confusing & I guess it can't be helping that i've posted in the wrong place. Could someone please point me in the right direction so that I can find an Egg expert or two?

 

My scanner won't work now but i've managed to take some pretty legible (I hope) photo's of the paperwork/CCA they have sent. Now i'd really like to post them in the right place & have someone take a look if at all possible. There are 20 odd pages though & I'm not sure if they are all part of the CCA?

 

I'm going to keep trying to make some sense of it if it takes all night - I can't sleep anyway - too stressed.

 

By the way, you are correct, it was an online application from approx 2000/01.

 

Any advice gratefully received.

 

Regards, Michelle.

[42man]

Hi Calamoli.....electronic signatures only came in to force in 2004 - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/152384-help-dca-chasing-me.html#post1618550 HOWEVER due to recent cases they have to provide the terms at the time you took out the agreement (have they done this ?), and don't have to provide a signed copy.....you might find this interesting too - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html Was there any PPI added ?

[durtydurty]

How did you get on with this?