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Egg card withdrawn, then D/N.


Fluffystuff
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Hi all,

 

In February we received written notice that our Egg card had been withdrawn but the account "would remain open for repayment purposes only".

 

" In accordance with your Egg Card Terms & Conditions" your Egg card has been cancelled with immediate effect.

If there is an outstanding balance, you must keep making payments until it is repaid. The Egg Card Agreement will continue to apply until your balance is cleared when we will close your account."

 

 

We have just received a D/N and were wondering if the above notice of withdrawal of facility before the issue of a D/N, has any detrimental effect?

 

(By the way, the agreement is unenforceable as per PT's thread.)

Edited by Fluffystuff

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Thanks BEC01 - An admission as to it being unenforceable ??

 

Anybody else have any thoughts, in particular, does it have any bearing on the D/N?

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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The issuance of a DN based on non-payment is precursor to withdrawing card privileges and attempted collection of the entire balance outstanding.

 

Egg chose to withdraw from further lending just as a cardholder may decide to abstain from further borrowing, but at the time of withdrawal Egg did not demand full repayment, only monthly minimum payment.

 

The subsequent issuance of DN would be justified by proven non-payment, unrelated to Egg's earlier decision to withdraw from further lending. These two different decisions are separately justified, the second not justified on the first and arguably not related to the first.

 

One cardholder went to High Court to try overturn his DN on the basis no copy of enforceable agreement was received from RBS. In court RBS did produce an agreement ruled by the judge as enforceable. For good measure the judge added that collection activities (other than CCJ, Charge Order, Attachment of Earnings etc which are the prerogative of the court) may proceed before enforceability is proven in court.

 

This ruling triggered by a proactive litigant upset cardholders big time. Once a ruling is made, it applies to everyone and inflences consideration by other judges even where they are not literally bound by legal precedent.

 

 

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Thanks for your clarification Mistermind.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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  • 6 months later...

Update ~

 

After months of silence, we have now been contacted by Fredricksons & Brian Carter demanding the full balance or else. Sent Egg CCA request in September '09 to which we received barely legible agreement (the approved limit kind) but no statements - a'c placed in dispute and we waited with baited breath for the outcome of 'pt's' case. Alas not the result we were all hoping for.

 

We have informed Fred & B Carter of the dispute and requested copies of the agreement and guess a SAR to Egg would be prudent.

 

Two questions ~

1. Any tips on dealing with Mr Carter?

2. If Egg had applied PPI to the account, we assume this would be shown as a monthly debit on the c/cd statements?

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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  • 4 months later...

Hi all,

 

Advice needed please.

 

Fredrickson's have recently sent copies of agreement and statements.

 

1. I note the agreement only states the APR which I believe is not sufficient for cash withdrawals as these incur a 1.25% fee, thereby making the APR quoted inaccurate?

 

2. The D/N arrears amount includes penalty charges and if we had forwarded a chq allowing 8 working days for clearance (as Egg request) we would not have had 14 days to rectify.

 

3. The account was terminated in June 2010 (whilst in breach of s78 request) and charged off in Nov 2010.

 

My question is, are any of the above 'enough' to challenge the enforceability of this debt or as I suspect, should we begin negotiations for a F&F?

 

Opinions gratefully received.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Advice anybody??

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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