Redsue vs Egg

[redsue]

Hi

Just starting on this road after successfully claiming off other banks/credit card providers. Thought I'd leave Egg till last as although I'm not sure if I have had any penalty charges I'm keen to see if PPI was correctly applied.

I just thought I'd start this thread to keep track of things.

 

SAR sent by registered post today 26/03/07.

[redsue]

received this from my CCA request - same as Zubos

 

comments anyone

 

 

and

 

 

it doesn't mention anything about a statement of account (is this just for loans) can't see a cancellation box...

doesn't mention anything about PPI so this is why I've asked for a SAR request too.

[m55dlc]

I think as they've 'signed' it prior to it being sent out, they haven't included the cancellation box. CC agreements (someone correct me if I am wrong) don't actually need to be cancellable.

 

The prescribed terms seem to be present (title, interest rates, credit limit, payment frequency, signatures etc) so I think it is a goer.

 

One thing I don't particularly like about this way of doing things is that the signature from them is printed, and they are not legally bound by it (allegedly) even though it is executed as soon as you sign it. The lack of a financial statement means they haven't complied with the s78 request.

 

On first sight this looks like it is enforceable, sorry.....

[redsue]

No problem, thanks for your input m55dlc - I'm actually after them for PPI as I wouldn't have requested it and thankfully I've got my card balance to zero thanks to a few other banks paying out.

[kennyparkroad]

...

[InKogneeToh]

Hi

 

The copy agreement from Egg shown above has all the prescribed terms and other required info/statements so IMO is the real deal! Agreed there doesn't seem to be a notice about cancellation rights but this could be due to the circumstances in which the agreement became executed.

 

I also have an Egg card with an agreement like this. Egg appear to be the ONLY CC that actually produces a 'real' credit agreement.

 

If there should have been a notice of cancellation rights, but this hasn't been dealt with in any copy of the agreement (e.g. the copy that you actually received to keep - referred to at the top of doc.) then this could be an issue but I suspect it was done!

 

Either way, the letter I drafted for Kenny's circumstances is not applicable here as this IS an agreement.

 

If you asked for the separate statement of account then I would write and remind them to send it.

 

Regards, Pam

[kennyparkroad]

i have asked for my post to be deleted

 

sorry Pam i didnt think it looked the real deal.

 

How is this different from my mums one? my mums one has signatures, right to cancel, and a table of APR, says it will produce statements monthly.

 

so confused now!

[pturner]

Hi Redsue,

 

I get the feeling we are in the same boat? Looks exactly like mine. Have they sent you the 'screen shot' yet? Did you apply online?

 

 

Phil

[InKogneeToh]

i have asked for my post to be deleted

 

sorry Pam i didnt think it looked the real deal.

 

How is this different from my mums one? my mums one has signatures, right to cancel, and a table of APR, says it will produce statements monthly.

 

so confused now!

 

Hi

 

The prescribed terms, i.e. credit limit, interest rate and repayment details MUST be on the actual document that you sign for it to be enforceable.

 

In the signed document you posted up, there are none of these!

 

They may be in the separate T&Cs they sent you a copy of but this does not comply with the Act.

 

In the copy Egg agreement posted above, these prescribed terms are all there in that signature doc.

 

Regards, Pam

[redsue]

I get the feeling we are in the same boat? Looks exactly like mine. Have they sent you the 'screen shot' yet? Did you apply online

 

Hi Phil

yes I did apply online, I've been following your threads - I've sent a SAR too, so if I don't receive any mention of PPI in it - I'll get back onto Egg asking where the hell is the PPI request - I think there are a lot of people in the same boat as us!

[ajjars]

Hi redsue,

 

My husband got his CCA request from egg - exactly the same as yours but he got a statement of account as well. We have already received full compliance of the SAR from egg and what a bundle it was !! We had to fight for it though - it was after the 40 days. egg supply everything - screen shots of all calls etc and copies of letters. However, no where in this massive bundle was there anything relating to the PPI. We had been charged for about 2 years when obviously we must have realised we could cancel it. So, the PPI amount has been included in my schedule of charges to egg. LBA due soon, and no mention from them of the PPI. If they do have anything relating to this PPI, then they have not complied fully with my SAR. By the way they are horrible to deal with!

 

Good luck Ajjars.

[pturner]

Thats very interesting. I am awaiting a response from them, after they failed to comply fully with my SAR. I wrote back stating information was missing. They have until the 3rd April to respond before they are in breach of the Data Protection Act.

 

Ajjars, did this happen to your husband? What exactly was involved with your 'fight' for the information after the 40days?

 

Great there are other people on the forum in this situation with them...

 

Phil

[pturner]

Might be good to start PPI threads in PPI forum? Whats the consensus? I'm mentioning my PPI case with Egg, through the Egg forum. That way, Egg users and PPI users can see information that could be useful to them both.

[ajjars]

Hi,

 

Basically any letters we received in reply to the dispute stated that they still needed I.D. and that the 40 Days would not start until they had received it. Our response was, well the secure messaging has been sufficient in the past to send/receive data and that they were using this as a stalling tactic. We point blank refused to send I.D on this principle. A response to our "complaint" stated that they would not send the information until the I.D had been received and they would not enter into any more correspondence with us , but by this time we had already received it. It took around 7 or 8 letters and emails to get them to comply tho, and the threat of complaints to all and sundry (which will be sent once we have received our refund). And it was around 10 days late. As far as egg are concerned now they have washed their hands of us and no longer wish to deal with us. We have this in writing. Arrogant s**ts!

[pturner]

Absolute Gits

[kennyparkroad]

Hi

 

The prescribed terms, i.e. credit limit, interest rate and repayment details MUST be on the actual document that you sign for it to be enforceable.

 

In the signed document you posted up, there are none of these!

 

They may be in the separate T&Cs they sent you a copy of but this does not comply with the Act.

 

In the copy Egg agreement posted above, these prescribed terms are all there in that signature doc.

 

Regards, Pam

 

 

 

thanks pam sorry for getting on your nerves! lol

 

kenny

[angry cat]

Mine is different to yours-

However, its approx one year earlier, July 2001 and...

for a Boots Advantage CC, powered by Egg.

 

The similarity between my alleged agreement and yours is that ther is no credit limit!

 

" Limit - We will tell you from time to time the Approved Limit we have (set)??? and, if different a Individual Limit which you have chosen for the Account.

 

Mine has a different pre printed signature-

A J Hibbert - Credit Card Manager

 

I have already written back to Egg stating that they have not complied as all the prescribed terms are not present and that I consider the doc. to be an application form.

 

Of course, my letter has been ignored!

 

I am also going after Humpty for mis-selling of PPI

 

I hope the above may be helpful to you.

 

Love AC

[m55dlc]

Mine is different to yours-

However, its approx one year earlier, July 2001 and...

for a Boots Advantage CC, powered by Egg.

 

The similarity between my alleged agreement and yours is that ther is no credit limit!

 

" Limit - We will tell you from time to time the Approved Limit we have (set)??? and, if different a Individual Limit which you have chosen for the Account.

 

Mine has a different pre printed signature-

A J Hibbert - Credit Card Manager

 

I have already written back to Egg stating that they have not complied as all the prescribed terms are not present and that I consider the doc. to be an application form.

 

Of course, my letter has been ignored!

 

I am also going after Humpty for mis-selling of PPI

 

I hope the above may be helpful to you.

 

Love AC

 

I think the credit limit sentence you've quoted is actually a goer as far as credit limits are concerned - sorry to be the bearer of bad news AC

[angry cat]

No worries m55dlc!!

 

I think that you will find the same or similar wording is written under No.3 Limit on Redsues above Agreement.

 

However, in relation to mine, I am still going to continue to challenge compliance because several of the prescribed items are missing and...

 

The copy agreement that I was sent is for a Boots Advantage CC which was settled some years ago when Boots ended their affiliation with Egg. My boots Egg card was settled and replaced by an Egg green cc.

Remember ! CCA S85...where is the agreement for the Egg green CC and then I had that changed to an Egg card blue and finally an Egg money card...none of which I requested. Three different type of Egg CC's but I am sent an agreement for a Boots CC.

 

Sorry to hijack your thread redsue, I've been trying all afternoon to Copy & Paste my agreement onto your thread but I cannot do it...Help, how on earth did you put the image onto your post???

 

Love AC

[InKogneeToh]

 

The similarity between my alleged agreement and yours is that ther is no credit limit!

 

" Limit - We will tell you from time to time the Approved Limit we have (set)??? and, if different a Individual Limit which you have chosen for the Account.

 

Hi

 

A credit limit may be expressed as a sum of money or a statement that they will determine it and inform you, so if your agreement has the statement quoted above then they have complied with the 'credit limit' requirement.

 

Regards, Pam

[Mistermind]

With an indeterminate credit limit, Egg can let you spend up to a high balance, then play the "offside trick" -- suddenly unilaterally reducing the limit.

 

If now the customer cannot pay up the entire difference, he is stranded over a barrel and liable to the over-limit charge every month, this charge of course raising the balance still further.

[redsue]

Sorry to hijack your thread redsue, I've been trying all afternoon to Copy & Paste my agreement onto your thread but I cannot do it...Help, how on earth did you put the image onto your post??

No problem at all AC - I've been watching your ongoing battle with Egg and Morgan Stanley for some time.

I've posted up the agreement through Photobucket

All you need to do is open up an account, which is very straightforward to do - then you upload your images to this site. Finally, each image you upload they give you an IMG code and you copy and paste this IMG code into the forum.

It's really easy to do. (must be if I can do it!)

[ian1969uk]

In terms of these Egg agreements, I have one just the same. What about the bit I have highlighted in red which is certainly not on these agreements:

 

 

What the agreement must contain

 

 

1 A heading in one of the following forms of words shown prominently on the first

 

page:

Hire-Purchase Agreement regulated by the Consumer Credit Act 1974

or

Conditional Sale Agreement regulated by the Consumer Credit Act 1974

or

 

 

 

, in any other case,

 

Credit Agreement regulated by the Consumer Credit Act 1974.

Where the document embodies an agreement, of which at least one part is a credit

agreement not regulated by the Act, the word ‘partly’ must be inserted before

‘regulated’ in the heading – unless the regulated and unregulated parts of the

agreement can be clearly seen to be separate.

 

2 The name and a postal address of both trader and customer.

 

3 A description (in sufficient detail to identify it) of any security to be provided by the

customer and a description of its subject matter. The description must be in the

main agreement, but the full terms can be in a separate document referred to in

the main agreement.

 

4 Details of any default charges which the customer or a relative of his is required to

pay if he breaches the agreement.

 

5 Certain financial and related particulars (see below).

 

6 Statements of certain protection and remedies provided for the customer by the

Act (see page 12).

 

 

7 A signature box (see page 14)

 

 

The prescribed terms and the signature are also on different pages. Doesn't this matter?

 

 

[redsue]

SAR sent by registered post today 26/03/07.

 

no word from egg yet and cheque still hasn't been cashed - ho hum....

17 days to go....

[kennyparkroad]

was it signed for?

 

if you have the proof of that, its there can not yours.