Egg Card "Approved Limit" - What's the latest??

[kittiebelle]

Hi

 

does anyone know the latest on the situation re old Egg Card agreements

 

and the use of the phrases "approved limit" and "individual limit" instead of "Credit Limit" as per CCA??

 

I have looked about on the forum and there's a link about a Cardiff test case, but it doesn't work.

 

Best

 

Kittiebelle

[chelsea101]

Hi Kittiebelle

Have a look in sussex1's thread just below I've put a link to the judgement on that case.

I think everything came in favour of egg

 

chelsea

[kittiebelle]

Hi

 

Does anyone here know if egg can lawfully deduct the ppi they have agreed to "refund" from what i owe on my credit card??

 

I am disputing payment with them as its a pretty dofgy agreement. At the mo, I am only in arrears, and they have not yet demended the fullamount. But Their debt collector, capital credit has .

 

Any ideas ??

[dx100uk]

they can offset notified arrears only

 

dx

[kittiebelle]

Thanks for the info - Sorry not to have replied sooner - had some computer probs and been away.

[kittiebelle]

Hi all

 

I have a question about default notice recently served.

 

I claimed PPi from a crdit card and they wrote back and said they owed me x amount but would take it off the balance of my account.

 

It was my understanding they could only take it from arrears which were minimal at the time.

So I wrote and told them so but they ignored it.

 

I complained to the Ombuds who told them to pay me back a higher sum in accordance with their guidlines.

 

The card company have agreed to go along with the ombuds decision, but they are not refunding the original x amount that they took

- they are deducting it from the total as 'less benefit already paid'.

 

I wrote back and said that they had agreed with the ombuds decision to put me back in the same position as if i had not had ppi

and they must do this OR explain why they are taking a different approach.

 

I've since received a Default Notice.

They've given me plenty of time, but the bit that raises a question is the amount stated as arrears

and the amount being the full outstanding balance includes a sum that the creditor is retaining

and which the ombudsman has said (and they have agreed) they must pay back.

 

With them still owing me money - that they have agreed to pay - would this then make the default notice invalid??

 

Also no OFT guidlines re: defaults was included.

It say's if it isn't included I should contact them.

 

But I don't want to then alert them that the amounts stated in the default still include the sum they owe me.

 

Any advice most greatfully received. Thankyou.

[citizenB]

I think perhaps you need to go back to the ombudsman again.

 

If the DN doesnt reflect the true arrears and doesnt include the OFT notice, then it is invalid.. but do be careful, the reason they often leave those out is in order for someone to telephone them.. that they way they confirm that the DN has been received.

 

HTH

[BRIGADIER2JCS]

Agreed the Ombudsman must rule on this.

[kittiebelle]

Thank you so much for your prompt replies.

 

I think i'll leave it 'til the default expires and they terminate before i get in touch with the creditor,

and, meanwhile, contact the ombudsman to try and get the creditor to pay up the rest of what they owe.

 

I don't want them to issue me with a new default,

 

it would be great if they terminated,

 

cos then they can only go for the arrears.

 

Right?

[kittiebelle]

Thankyou so much for your prompt replies.

 

I think I will contact the Ombuds about getting the rest of my money back, but wait until the creditor terminates.

 

That way if the DN has not been correctly served they can only go for the arrears right?

[dx100uk]

yep

 

dx

[kittiebelle]

Hello,

 

I would like to post up an old egg card agreement which I cannot quite make out the APR, and ask peoples opinion on.

 

when i opened the account I did not understand how the repayments were being made and ran I to problems.

 

I was paying the minimum by dd but did not realise it was only the minimum I was paying.

 

I made a cca s77/ 78 request a few years ago a

 

i got sent a page called "egg card agreement" with the hard to read

 

stuff about interest and Apr cut and pasted into it.

 

It refers to see term no 12 and there is not a no. 12. It also starts with term no.3

 

There was no other terms and conditions sent

 

There was another separate page with signatures.

 

There was a dd guarantee but it didn't say any amount.

 

Other stuff has happened since with me reclaiming ppi and with Barclaycard opening an account without my consent later,

 

which I did not understand, but first I would really appreciate some help in understanding any possibilty

about the agreement not being enforceable. It was 2003.

 

Would any one be kind enough to advise me.

 

I can post it up. But because I have mental health problems,

 

I struggle a bit with using the internet beyond the basics.

 

Thank you.

[citizenB]

kittiebelle, The link below is for the "Egg" forum

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?51-Egg

 

And the following link is for the "Debt Collection Industry"

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?167-Debt-Collection-Industry

 

Post in either of those and if we think you are in the wrong place, then a site team member will move you and let you know where you are

 

Just ask if you have any other questions

[kittiebelle]

Hi Citizen B thank you for your reply.

 

I will post in the appropriate places tomorrow,

 

as I am on my phone right now and don't know how to do that on my phone...

 

Thanks

[dx100uk]

you have a few small threads existing already on your egg card

 

so what I've done is merged then to this thread for history

 

if you wish to post here about the CCA please do.

 

dx

[dx100uk]

is this debt showing on your credit file

 

dx

[kittiebelle]

is this debt showing on your credit file

 

dx

 

Thank you for your reply. I have never checked my credit file.
Thank you for moving the thread for me. I don't know how to find my old threads, sorry. Should i still move it to the "debt" section?

[citizenB]

You can find any thread you have started or post made by using "User CP" which you will find at the top right hand of the screen in the grey bar.

 

You can continue posting on this thread regarding your Egg situation.

 

Dont worry if you post something in the wrong place, one of the site team will be able to move it if you have and we will always let you know what we have done and where you should be

[kittiebelle]

Hello, thanks for your information about finding posts.

 

 

I have another egg query that is my CCA does not give a rate of interest for cash advances - only the APR and a handling fee charge. I ran into a lot of problems with this card as I never realised it was online only statements and that I had set up an agreement to only pay the minimum each month by DD. It was a bad idea to take out the cash advance I know.

 

 

But is the interest on cash advance a prescribed term?

 

 

Many thanks to anyone who can advise

[BRIGADIER2JCS]

All the terms and conditions for any financial service available with the card must be on an agreement. The DCA/Creditor will have to have a proper copy of the original agreement for any agreement made prior to April 2007.

[kittiebelle]

All the terms and conditions for any financial service available with the card must be on an agreement. The DCA/Creditor will have to have a proper copy of the original agreement for any agreement made prior to April 2007.

 

 

 

Hi Brigadier2JCS - Thanks for your reply. Hope you have had a good Bank Holiday

 

 

This looks like good news!!!!

 

 

No original terms and conditions to the time that the agreement was entered into

No interest rate stated for credit on cash advances

Interest rates and APR's not the same on agreement (which is a cut and paste job and very hard to read! )and copy Terms and conditions

 

 

The barstewards have risen out of the darkness after sleeping for a long time and now I have some great ammo

 

 

They opened a Barclaycard account after defaulting the egg account saying that it was a term in the old agreement says they could ! What agreement ? The very dodgy one !!

 

 

Can I say yippee now??? !!!

[BRIGADIER2JCS]

Good morning kittiebelle,

 

 

Yes a good BH thank you plenty of sunshine!

 

 

It would seem to me that this agreement is unenforceable, for a recon to satisfy a sections 77/78 request under CCA 1974 (as amended) it must have ALL the Ts & cCs at the inception of the agreement.

ALL the Ts & Cs at closure and any amendments + any other documents mentioned within the Ts & Cs/.*

Your name and address at inception the creditors name and address at inception of the agreement.

* Such as a separate " booklet" containing further Ts & Cs.

If any of the above are missing the recon does not comply with the CCA 1974.

 

 

As this agreement is pre April 2007 the recon (even if compliant) may not satisfy a judge that liability subsists, in your case due to the age of the agreement the original must ne available to enforce via the courts.

 

 

! would suggest a reply along the lines of:

 

 

Dear sir/madam,

 

 

I am in receipt of the reconstituted agreement produced on my request under sections 77/78 of the CCA 1974 (as amended).

 

 

This reconstituted agreement is rejected as non compliant with the Act and is rejected (do not explain the deficiencies, they know what is wrong and hope you don't).

 

 

I also remind xxxxxxxx that this alleged agreement relates to any account opened prior to April 2007 and therefore the original agreement or a genuine copy of it will be needed to attempt to enforce this via the courts.

 

 

I do not acknowledge any liability to xxxxxxxxxxx for this alleged debt.

 

 

Please note I now consider this matter closed.

[kittiebelle]

Hi Brigadier . Sunny? Lucky you, it was wet and windy all day with us!

 

 

I sent off a letter like that in 2011 and they sent back a sort of ner ner ner ner ner, yes we can and yes we will carry on hassling you and processing your data.

 

 

I wrote back and said that while they had satisfied the ss 77/78 requests, they did not have the necessaries for the court to enforce it so would they please kindly stop processing my data etc

 

 

They opened a new Barclaycard halfway through the default process of the old egg card (the default notice is none too good either), and at the same time as the ppi dispute I had raised was still being looked at by the Ombudsman. Also sent Calder's chasing the alleged debt while the default period was still in process. Is it any wonder I got confused and frustrated?

 

 

Now, Barclaycard have got back to me, after hearing nothing from them, or from their goons, for ages, because I recently claimed back everything I paid under the improperly executed agreement through the DD guarantee.

 

 

So, they have put this amount which I claimed back from my bank as a debt on the card that they opened, then added the old amount that was on the egg card and which last I heard about was from Allied or AIC over a year ago, plus interest, and now want to know what my proposals are!

[BRIGADIER2JCS]

Hello kittiebelle, I'll look at this when I get home this evening.

[BRIGADIER2JCS]

Hi Brigadier . Sunny? Lucky you, it was wet and windy all day with us!

 

 

I sent off a letter like that in 2011 and they sent back a sort of ner ner ner ner ner, yes we can and yes we will carry on hassling you and processing your data.

 

 

I wrote back and said that while they had satisfied the ss 77/78 requests, they did not have the necessaries for the court to enforce it so would they please kindly stop processing my data etc

 

 

They opened a new Barclaycard halfway through the default process of the old egg card (the default notice is none too good either), and at the same time as the ppi dispute I had raised was still being looked at by the Ombudsman. Also sent Calder's chasing the alleged debt while the default period was still in process. Is it any wonder I got confused and frustrated?

 

 

Now, Barclaycard have got back to me, after hearing nothing from them, or from their goons, for ages, because I recently claimed back everything I paid under the improperly executed agreement through the DD guarantee.

 

 

So, they have put this amount which I claimed back from my bank as a debt on the card that they opened, then added the old amount that was on the egg card and which last I heard about was from Allied or AIC over a year ago, plus interest, and now want to know what my proposals are!

 

 

Hi kittiebelle,

Can we clarify a few things please.

Egg/Barclays have no valid agreement to enforce the debt>

Barclays transferred the Egg debt to a new Barclaycard account during a PPI claim on the Egg account?

The amount you reclaimed PPI/Charges ? These were then added to this new Barclaycard account and are now pursuing this as a new debt.

If this scenario is correct I would suggest another CCA request. I am presuming that you did not sign any "new" agreement for this " transferred" amount on the Barclaycard.?