Egg Card now owned by Barclaycard

[seriously fed up]

First of all, I wouldnt necessarily assume that DLC have bought the debt - they might have. I had DLC on my case early on with Egg, and eventually - faced with the "Approved limit" observation about their agreements, they went away to be replaced by ARC. Of course they might have bought it, but i would inquire further to find out if they have or if they are only acting as agents.

Given the age of the card, I would either CCA them or (maybe better) do an SAR. The latter is more expensive (£10 compared to £1), but they have to produce the agreement and not just a "true copy" which can basically just be an assemblage, concealing that they dont have one (RBS tried that one with me when I CCAd them, but when I did a Subject Access Request I got a letter back admitting that they dont even have the original application form, never mind anything else). So unless the £10 is going to be a problem, that is what I would do.

As I say, given the age, I would expect it to have the kind of problems that my "agreement" with them has - "Egg Credit card for ...." not credit card agreement; possibly no right to cancel; but most of all "approved limit" with no reference to "credit limit" and thus omitting a terms prescribed by the CCA. You could do worse than have a look at this http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html#post2024413

[seriously fed up]

you could use letter 8, adapted for your own circumstances, at The Consumer Forums - Debt collectors.

But SAR and CCA arent the same. For a CCA the lender can send you a true copy - ie "the agreement is like this". Many will send you a copy of the document (eg a photocopy of your application form) but they dont have to do this for a CCA so you can never be really sure what they have on you. In contrast with a SAR they have to deliver up everything with your name on it - letters, statements and, if they have it, your agreement. So you have a clearer idea of what they have with a SAR. There is a thread on here - dont know where it is, sorry, - going through why a SAR can be a better route than CCA for the kind of reasons sketched out here. The only problem with a SAR request is that it costs £10 rather than the £1 for a CCA.

Below is a copy of a SAR letter that i sent to a lender and which did the trick (must have copied it from somewhere and adapted btw)

Dear Sirs

 

Account number xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

I write with regards to the above account with your organisation and in particular your letter to me of xxxx.

I note your opinion that the documents furnished to me by your bank are an adequate response to my s78 request to them. I have to say that respectfully, I disagree. In my view, only a signed and complete (in terms of the Consumer Credit Act 1974 and associated regulations, in particular SI 1983/1553) signed executed credit agreement will suffice. However, I recognise that this is a matter of dispute. Therefore, as I am entitled to do by the Data Protection Act 1998, I am making a Subject Access Request of your bank. This requires you to supply me with all data that you hold on me, including in particular, but not limited to, the following:-

1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were opened.

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR. - delete or add this depending on whether you are sending this to the original creditor/or a debt collection agency

3. True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold.

4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).

5. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.

6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

9. Copies of statements for the entire duration of the credit agreement/s.

10.Termination notices

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec).

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

[seriously fed up]

My reference was to your Egg Card with no reference to the loan (or at time of writing even any awareness of this, beyond what you said in what is now post 104). I dont have any experience with loans, so I am going to pass on anything to do with that - and in any case I really couldnt add anything to the quite excellent advice and support you have had already.

However, re the card, I would certainly send them a SAR and see what comes up. As I said, if its from round about 5-10 years ago there is a decent chance that they will have problems with its enforcement. So send them a letter and after that you can only sit back and wait (mid November before you get anything in all likelihood).

Good luck with that and the court case re the loan.I'll keep watching.

[seriously fed up]

Martin, I know this isnt my thread, but your last post is very relevant to something on my mind re Egg. I havent heard from Egg or Arc for a couple of months now. I think I might have frightened Arc off by pointing out to them that Trev wasnt really that much use in my case as I was in Scotland and that the Civil Jurisdiction Act applied. However, it would make sense for Egg to contact a DCA in Scotland - and there are plenty of them. Is there any word on which ones in Scotland Egg use (if any?)

Thanks

[seriously fed up]

DLS were the first ones they set on me, then ARC - just thinking about who might be next

[seriously fed up]

that would be great thanks;)