Cabot no CCA - Merged EGG loan/card ebt

[dx100uk]

the question was:

Should egg have rescheduled the £9k in a new CCA when it defaulted?  They didn’t.

 

the answer is no.

[HSBCandMe]

9 hours ago, Dodgeball said:

But yes, of course, they can. As long as both agreements have been terminated. They are then just sums owed as such they can, of course, be combined

 

 

But the interest rates on the original debts were different, and there was ppi etc.  

 

Merging them unfair practice - FCA issue? 

[Peterbard]

8 hours ago, HSBCandMe said:

 

But the interest rates on the original debts were different, and there was ppi etc.  

 

Merging them unfair practice - FCA issue?

 

1

 I did say the agreements were terminated, there is no requirement for interest to be charged. at all.

[HSBCandMe]

Ok, well hopefully they can't provide the CCAs for the loan and  CC. By the way, Egg flogged me a "top-up loan" which was merged with the original loan and cc at default as well. So another CCA to look for.

Edited April 16, 2019 by HSBCandMe

[Peterbard]

There is no rebate figure on an open-ended(cc) agreement

 

In 2008 Egg terminated 161000 accounts under a contractual clause without default, were you one of these?

 

Long thread on here about it, many thought it was illegal, not me I hasten to add. I was correct, unfortunately. 

[HSBCandMe]

 No I was defaulted. In 2006. Passed to a number of cccas and then arrow bought it. Now owned by Cabot.  As I say, 3 credit agreements involved and no CCA yet for any of them.  They should need all 3 to prove the amount claimed surely? 

 

I gather from other threads that egg ccas are notorious for being badly drafted?   If and when I get sent any, I will post them up.

[dx100uk]

they will need all three yes.

now egg agreements..

well any were online there were issues with the PPI aoto ticked box.

and I believe until apr 2007, they still had to send you an agreement to sign

which, going by the DCA's that have tried court claims of these to date, ..they never appear as they didn't exist?

as I bet you don't ever remember physically signing all 3 and sending them back? 

as all WERE before APR 2007??

[HSBCandMe]

ALL3x from 2003. I applied for them on-line and they sent CCAs to sign and return in the post.

 

 CCAs were signed, defo, I remember.  The top up loan also had ppi, I know that much from dsar.

 

First step is to see what DCA comes back with. I think I have enough ammo here to keep them tied up for a while  

[Peterbard]

I remember the Egg agreement from that era very well, they were called the Total Limit agreement by many on here and elsewhere.

Many thought it to be unenforceable because the Credit term was called total limit instead of total credit.

 

Very big thread on here, several of the "team" were convinced. Again I said the idea was ludicrous, as the PT, were about contents, not form.

 

A few of the debt buyers had set up, as part of their business, a system where they agreed to take over these agreements and fight them in court, for a fee of£800.( to be fair, this forum did not know about this)

 

Obviously, I was incensed, and set about trying to stop people falling for it, in the end, I was banned. 

 

One of these DMCs decided to create a "Test Case" by appealing one of the earlier failed county court judgement in the High court. If successful this would create a precedent for their "ingenious" technical argument.

 

The faithful day of the high court ruling came around, and the court dismissed it, out of hand, saying the argument had no merit, he went on to say exactly what I had said A year or so earlier, word for word. It was an embarrassment.

 

Still waiting for the apology.

 

 

[HSBCandMe]

In your experience, are most of those old pre-2007 egg CCAs enforceable?

[dx100uk]

very few DCA claimform successes at all here on any EGG debts of that era.

[HSBCandMe]

1 minute ago, dx100uk said:

very few DCA claimform successes at all here on any EGG debts of that era.

 

Fingers crossed then

[Peterbard]

55 minutes ago, dx100uk said:

very few DCA claimform successes at all here on any EGG debts of that era.

Sorry, you mean very few successes for the creditor or debtor?

[dx100uk]

oh them ofcourse DB..

andy's careful dissection of what the actual agreement says ..

esp the bit about an agreement will be sent to you to sign.

 

don't think these signed agreements are available from EGG, and the DCA's rollout the online application with that line and lose everytime...

[Peterbard]

Soo there are cases on here where egg agreements have lost because they were unable to send a signed agreement. Not a copy request, of course, you mean present one in court. Do you have a link to one of them, please? I would be interested to see it, and particularly if it was after Carey.

 

 

[dx100uk]

google custom search up on the right

claimform EGG

I will guess

or p'haps claimform Barclaycard egg

 

we try and name the thread correctly to help others find them.

 

there are quite a few to my memory DB.

 

dx

 

[Peterbard]

2 hours ago, HSBCandMe said:

In your experience, are most of those old pre-2007 egg CCAs enforceable?

Not only mine but that of High Court Judge, Chambers

 

Alexandra Slater vs egg 2010  August 09  will be on here or on Baily

 

He said

 

We note your reiteration of your argument in relation to the use of the term "Approved Limit".

 

You allege that we have failed to comply with section 61 of the Consumer Credit Act 1974 (the CCA) by failing to include all of the terms prescribed by schedule 6 of the Consumer Credit Act (agreement) Regulations") on the basis that the credit limit is described as the "Approved Limit".

 

This allegation is incorrect.

 

The form of agreement used by Egg contains all of the relevant information prescribed both by Schedule 1 and by Schedule 6 of the Agreement Regulations.

 

"Approved Limit" is specifically defined in Condition 1.3 of your agreement as the amount you can borrow from time to time on the account and is therefore clearly understandable.

 

There is no requirement under the CCA to use a particular term or phrase when describing the amount of credit.

 

The description of the credit limit complies with paragraph 8(b) of schedule 1 of the Agreement Regulations.

This has been confirmed by the High Court in Alexandra Slater v Egg Banking plc (9 August 2010, high Court, Mold District Registry, unreported).

[Peterbard]

1 hour ago, dx100uk said:

oh them ofcourse DB..

andy's careful dissection of what the actual agreement says ..

esp the bit about an agreement will be sent to you to sign.

 

4

like to see this, is it on this thread?

[dx100uk]

Use the search as post 42

[Peterbard]

 

Nope, nothing, section 42 was my post, i presumed you meant 41.

 

No matter

[dx100uk]

4 hours ago, dx100uk said:

google custom search up on the right

claimform EGG

I will guess

or p'haps claimform Barclaycard egg

 

we try and name the thread correctly to help others find them.

 

there are quite a few to my memory DB.

 

dx