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    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
    • I've looked at your case specifically more.   Term 8bii reads " when, in accordance with instructions from the Customer or the Consignee, the Consignment is left in a safe place" Their terms choose to not define safe, so they are put to proof that the location is safe. If your property opens onto a street its a simple thing of putting a google earth image and pointing out that its not a safe place
    • New rules and higher rates resulted in a jump in the number of savers opening accounts at the start of this year's Isa season.View the full article
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Redsue vs Egg


redsue
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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. :D

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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received this from my CCA request - same as Zubos

 

comments anyone

 

egg1.jpg

 

and

 

egg2.jpg

 

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.

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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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.....

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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. ;)

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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...

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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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

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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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!

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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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

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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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!

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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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.

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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

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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!

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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

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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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

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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

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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

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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

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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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.

 

 

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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!) :)

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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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?

 

 

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  • 2 weeks later...

was it signed for?

 

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

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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