EGG CCA - Is it enforceable

[up2meears]

Hi everyone,

Could someone please tell me if the attached CCA received from Credit Ancillary Services is enforceable?

I thought it was but after spending most of the day reading up on EGGS flaws and other CCAs I'm now convinced I can place the account into dispute.

If I can, what sort of letter should I write? is there a template floating around anywhere?

Should I offer a % in full and final settlement?

Thanks for any advice guys

[ncf355]

Err............

You havent attached it?

[up2meears]

I will get there eventually......

[cas93]

Hi up2meears

is that all you got?

did you get relevant t&cs?

was it one page or 2 pages? if it was 2 pages is it numbered and linked so you know it is from the same document?


regards

cas

[up2meears]

Hi Cas,

I received those two pages + a DD instruction (also signed by me) and a letter from Credit Ancillary Services which says:

Please find enclosed a copy of the original credit agreement which on the face of it, is properly executed and signed by yourself.

We apologise for the delay in providing this copy agreement.

Acorrdingly, we await your proposals for repayment of the outstanding balance of ..

We are prepared to accept a reasonable and realistic instalment repayment proposals.
We are allowing you 14 days from the date of this letter (22/05) before we commence further collection activity.

I did not receive any t&cs.
It was on two seperate, un-numbered pages.

Thanks for your time Cas, I appreciate it.

Up2

[cas93]

Hi up2

1. It is unenforcible because a prescribed term is missing (credit limit) yours says approved limit which is the same as lots of others i have seen.

2. They have not sent the terms and conditions that applied to your agreement and the current t&cs so they have not complied with your cca request

You can now put the "account is dispute" letter in.

I have gone through this stage with Egg already

cas

[up2meears]

Thank you so much Cas,

Is there anywhere I can get an account in dispute letter template that explains the reasons why it's unenforcable?

How did you get on through this stage? Hope it went well for you.

I am so confused! I have been reading through PTs thread and am totally baffled lol.

Thank you again for all your help

Up2

[cas93]

Hi up2

i would not tell them just yet that it is unenforcible. Just put it in dispute due to their failure to comply with your request

http://www.consumeractiongroup.co.uk...templates.html

letter template N just adapt it as necessary

I put mine into dispute in jan and they still havent complied. They have passed it onto DCA's but i just send them copies of the letters and point out that they are not allowed to enforce or collect whilst in dispute

cas

[up2meears]

Hi Cas,

Letter N is the letter I sent, and received the CCA in reply. Is this what I should send them now?

Can you just confirm that for me please. (If you wouldn't mind )

Cheers, Up2

[cas93]

Hi up2

I would write back to them and tell them they have NOT complied with your request, enclose a copy of your original cca request, and point out that it is :
"a request for a true copy of the consumer credit agreement and any other document relating to it", this includes terms and conditions.

Until they fully comply with your request, there is no point in letting them know what else is wrong with it. If they manage to come up with the rest, then you can start picking holes in it. Also, I would point out that whilst the account is in dispute they are not allowed to:

ask for payment
process your data
enter data onto your credit file
pass it on to a third party etc


Egg have not been able to provide my t&c's and I have been waiting since january.

Hope that clarifies it

[up2meears]

Yes Cas, that clarifies everything lol.

I will get straight on it.

Many thanks