Default without enforceable CCA

lmd75 · 14th May 2009, 09:25

How is it that Egg can default you even when an enforceable CCA does NOT exist? Why do they do this when they are not supposed to and is there anyway that they can be removed?

P.S. I have not been defaulted or missed any payments but just want to make sure that they do not screw up my credit report autolinker.com autolinking image

if I decide to go down the avenue of requesting CCA and putting account in dispute (if uneforceable) and stopping repayments.

silverfox1961 · 14th May 2009, 09:36

Hi,
I think it's fair to say that when you state to them that the agreement is unenforceable they will say "No it ain't" and once you miss the payments, they will default you. Doesn't matter what the law says. They are a law unto themselves.
Once a default is registered on your file, the only way to get it off is to take them to court as the Information Commissioner`s Office don't seem to want to get involved and the fos autolinker.com autolinking image

are not much use either as they take forever to investigate your complaint.

lmd75 · 14th May 2009, 10:02

Thanks for the reply. Do all credit card companies do this or is it just Egg?

silverfox1961 · 14th May 2009, 10:13

Seems to be all of them.

In my case, I'd moved and told them yet they still defaulted me at my old address and of course it was returned to them as "undelivered" yet they still recorded the default.
A default has to be sent to the last known address and if not returned is deemed to be served

lmd75 · 14th May 2009, 10:20

How long would it take the FSO to remove the default? Has anyone got anywhere with court action?

ccman · 15th May 2009, 15:42

Well, I have a cast iron reason why Barclays should not have defaulted me 6 months ago. STILL not go a decision from the fos autolinker.com autolinking image

.....

14th May 2009, 09:25	#1 (permalink)
lmd75 Basic Account Holder Your bank owes you an awful lot more money than you realise See here Cagger since : Dec 2008 Posts: 89	Default without enforceable CCA How is it that Egg can default you even when an enforceable CCA does NOT exist? Why do they do this when they are not supposed to and is there anyway that they can be removed? P.S. I have not been defaulted or missed any payments but just want to make sure that they do not screw up my credit report if I decide to go down the avenue of requesting CCA and putting account in dispute (if uneforceable) and stopping repayments. Last edited by lmd75; 14th May 2009 at 09:31.

14th May 2009, 09:36	#2 (permalink)
silverfox1961 Gold Account Holder Free trial on our eBay auction sniper Cagger since : Oct 2008 I am in: continent Posts: 3,768	Re: Default without enforceable CCA Hi, I think it's fair to say that when you state to them that the agreement is unenforceable they will say "No it ain't" and once you miss the payments, they will default you. Doesn't matter what the law says. They are a law unto themselves. Once a default is registered on your file, the only way to get it off is to take them to court as the Information Commissioner`s Office don't seem to want to get involved and the fos are not much use either as they take forever to investigate your complaint.

14th May 2009, 10:02	#3 (permalink)
lmd75 Basic Account Holder Have we helped you? Please help us by making a donation Cagger since : Dec 2008 Posts: 89	Re: Default without enforceable CCA Thanks for the reply. Do all credit card companies do this or is it just Egg?

14th May 2009, 10:13	#4 (permalink)
silverfox1961 Gold Account Holder Our auction sniper is now live. Try it for free Cagger since : Oct 2008 I am in: continent Posts: 3,768	Re: Default without enforceable CCA Seems to be all of them. In my case, I'd moved and told them yet they still defaulted me at my old address and of course it was returned to them as "undelivered" yet they still recorded the default. A default has to be sent to the last known address and if not returned is deemed to be served

14th May 2009, 10:20	#5 (permalink)
lmd75 Basic Account Holder Is your bank avoiding its debts Data disclosure poll Cagger since : Dec 2008 Posts: 89	Re: Default without enforceable CCA How long would it take the FSO to remove the default? Has anyone got anywhere with court action?

15th May 2009, 15:42	#6 (permalink)
ccman Basic Account Holder Our auction sniper is now live. Try it for free Cagger since : Mar 2008 Posts: 120	Re: Default without enforceable CCA Well, I have a cast iron reason why Barclays should not have defaulted me 6 months ago. STILL not go a decision from the fos.....