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Sare Heid

Egg Card - Properly Executed CCA or Not?

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Hi,

 

received the attached plus a pile of freshly printed pages purporting to be the original & current T&C's.

 

having read quite a bit here recently was of the view that this 'agreement' (c.2005) wasn't properly executed as doesnt appear to have all prescribed terms on sig page, incorrect title, approvd limit, etc.

 

also, the 'right to cancel' content seems to be missing.

 

not sure if relevant or not but creditor signature pre-dates execution by alleged debtor - i'm sure i've read before that this in itself renders the 'agreement' improperly executed, can anyone confirm this?

 

i would be interested in what other CAGer's think of this one, comments appreciated.

 

cheers

 

SH

 

scan0043.pdf

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bumping

 

would appreciate some thoughts / comments in light of recent egg court success.

 

cheers

 

SH

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Hi SH

 

As nobody's replied yet, I'll have a go.

 

I'm in dispute with 2 egg accounts.

 

Given the shifting sands of recent court judgements, I'm cautious if they produce anything signed by me even if the rest of the prescribed elements are deficient.

 

I'm concentrating instead on T&Cs, which are blatantly reconstituted, which contradict elements of the agreement/application form, and the effect that these have on the validity of the balance they're now claiming. this provides a basis to correspond and dispute along the way.

 

I hope this helps, but I stress it's just my view.

 

best wishes

 

vic

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hi vic,

 

i'm inclined to agree, having had a rummage through old files, i've come across copy of my original application with t&c's and have started going through these, although if the paperwork they supply still doesn't comply with CCA 1974, still think that the omissions / errors should be highlighted.

 

also came across letter from early 2008 informing me that they were giving notice of termination, although they've continued to apply interest and the odd default charge since. the combined total of payments, interest and 'default' charges since the termination would reduce the current balance by about 50%. never ever received DN since all payments were up to date at the time. i'm sure there must be many others who suffered in this way from having the 'benefit' of their card withdrawn, doesn't seem right that egg should still expect to be entitled to same benefits and remedies when they (unlawfully?) terminate an agreement (whether properly executed or not) which isn't in default.

 

do you know whether the termination of non-default accounts has ever been disputed yet?

 

cheers

 

SH:-)

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Hi SH

 

My approach, rightly or wrongly, is not to rely on narrow legal technical points but to build a documentary audit trail of challenge and dispute for when this is eventually sold on to a DCA.

 

There are massive threads on your second substantive point which you should read. My personal view is to challenge interest rate hikes and charges and interest applied to charges since 2008. I think that if you keep challenging the balance then this is difficult for them to deal with in a computerised and threato-gram way. And this adds to their hassle and ineviatbly causes delay.

 

Yes failure to comply with a valid CCA should be challenged (one of mine is deliberately reduced as a photocopy, is illegible and I am quoting the Disability Discrimination Act as I am myopic and reasonable adjustments and disputing the account).

 

This is a long game, and you have to look to your end-game and plan your strategy accordingly. I am choosing not to go down a willful litigation route but rather let the enemy come to me.

 

best wishes

 

vic

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