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Old 23rd June 2009, 08:36   #1 (permalink)
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Default RTR vs Egg

Starting a new thread for my egg card CCA request. Process was started one month ago, not heard response to anything yet but timeline is below to date.

23 May - CCA request (sent recorded)
17 June - A/C in dispute letter (sent special delivery)
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Old 23rd June 2009, 13:06   #2 (permalink)
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Default Re: RTR vs Egg

I would get my Subject access requestautolinker.com autolinking image in now it takes them ages to respond.

good luck

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Old 24th June 2009, 06:52   #3 (permalink)
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Default Re: RTR vs Egg

Is there any reason NOT to use the pt (CPR) method at this point to try and get a copy of the signed agreement?
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Old 9th July 2009, 10:31   #4 (permalink)
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Default Re: RTR vs Egg

Things are moving along. They have steadfastly refused my reduced payment offer (which I am glad about tbh as we can barely live off the money we now have).

Egg today phoned to tell me they would be putting the account into default despite the account being in dispute. The guy claimed the account being in dispute meant absolutely nothing to them:confused :

Do any of the CC companies actually care or observe any consumer law?
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Old 10th July 2009, 12:17   #5 (permalink)
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Default Re: RTR vs Egg

Strangely enough I received the original agreement today. I have read many threads and still am unsure on how to determine the validity of the agreement I have recieved. It does mention a credit limit, but not what the limit is.

Also it appears the signatureautolinker.com autolinking image box was on a seperate sheet as there is a staple mark in the photo copy, but this might be me clutching at straws.

If someone with more knowledge would have a look at the document I received, I would be very grateful.

Page 1


Page 2

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Old 10th July 2009, 21:24   #6 (permalink)
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Default Re: RTR vs Egg

Hmmm, having read lots of threads about egg agreements this one does appear to be identical to many on here and the consensus has been they are unenforceable.

I haven't read any threads where a user has been through the court process with an egg agreement?

Anyone been through the wringer with an egg agreement?

tia

rtr
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Old 17th July 2009, 08:17   #7 (permalink)
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Default Re: RTR vs Egg

Since receiving the above I haven't heard anything but was told in the last phone callautolinker.com autolinking image the a/c would be going into default.

Any help or advice would be greatly appreciated. Do I wait for them to pursue me and eventually go to court on the basis the agreement is unenforceable?

Thank you in advance.
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Old 17th July 2009, 13:16   #8 (permalink)
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Default Re: RTR vs Egg

Quote:
Originally Posted by RoadToRecovery View Post
Since receiving the above I haven't heard anything but was told in the last phone callautolinker.com autolinking image the a/c would be going into default.

Any help or advice would be greatly appreciated. Do I wait for them to pursue me and eventually go to court on the basis the agreement is unenforceable?

Thank you in advance.
The prescribed terms appear to be there and I assume that there is a signatureautolinker.com autolinking image on this document.

You would need to look through the comments on other Egg threads, just to get a better idea.

Was this one document, back and front, or 2 separate pages.
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Old 17th July 2009, 21:08   #9 (permalink)
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Default Re: RTR vs Egg

Thanks vint. I was thinking this agreement was the same as others that appear unenforceable due to the term "Approved limit" being used. I will do some further research. Thanks for stopping by, it's a lonely struggle at times!
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Old 10th August 2009, 10:24   #10 (permalink)
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Default Re: RTR vs Egg

Received a letter from Egg today;

Dated 6th August
"Your Egg Card account has been terminated".

The letter goes on to say I have failed to comply with the terms of the Statutory Default Notice. It also goes on to say the a/c will now be passed to an external debt collectionautolinker.com autolinking image agency.

They have never sent me any default notice. The last crrespondence I had with Egg dated 7th July was their reply to my CCA request. In the grand scheme of things me not receiving the DN is not a big deal as I couldn't have complied anyway.

Why would they pretend to have previously sent out a default notice when they haven't???
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Old 10th August 2009, 11:05   #11 (permalink)
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Default Re: RTR vs Egg

Quote:
Originally Posted by RoadToRecovery View Post
Received a letter from Egg today;

Dated 6th August
"Your Egg Card account has been terminated".

The letter goes on to say I have failed to comply with the terms of the Statutory Default Notice. It also goes on to say the a/c will now be passed to an external debt collectionautolinker.com autolinking image agency.

They have never sent me any default notice. The last crrespondence I had with Egg dated 7th July was their reply to my CCA request. In the grand scheme of things me not receiving the DN is not a big deal as I couldn't have complied anyway.

Why would they pretend to have previously sent out a default notice when they haven't???
Hi RTR,

The DN is important, especially as they have follwoed withe termination. If you are sure that one has not been sent, then write to them imediately, advising them of this and request a copy and confirmation of the date of the DN. If they terminate on the back of a faulty DN, they can only look to claim the arrears. It is important to get the information, without revealing your hand.
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Old 10th August 2009, 11:10   #12 (permalink)
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Default Re: RTR vs Egg

Quote:
Originally Posted by RoadToRecovery View Post
Received a letter from Egg today;

Dated 6th August
"Your Egg Card account has been terminated".

The letter goes on to say I have failed to comply with the terms of the Statutory Default Notice. It also goes on to say the a/c will now be passed to an external debt collectionautolinker.com autolinking image agency.

They have never sent me any default notice. The last crrespondence I had with Egg dated 7th July was their reply to my CCA request. In the grand scheme of things me not receiving the DN is not a big deal as I couldn't have complied anyway.

Why would they pretend to have previously sent out a default notice when they haven't???
Looking back over the thread, they told you on the 17th July that the account would be going into default. Have you had any letters since then?

If the default was issued on that day, then service would have been 22nd at the earliest. 14 days on from there is the 5th August. You need to put them to strict proof of the DN date and method of delivery.
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Old 10th August 2009, 12:27   #13 (permalink)
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Default Re: RTR vs Egg

Thanks for the reply, vint.

I have just gone through all the docs I have thinking I might have filed something in the wrong folder but have no DN for definite.

Me:
23rd May :- CCA request
17th June :- A/c in dispute letter

Egg:
5th June :- Your direct debitautolinker.com autolinking image has been cancelled letter
8th June :- We've been unable to collect your payment letter
23rd June :- Your A/c is in arrears letter
7th July :- Your credit agreement request (as scanned in above)
6th August :- Your egg card account has been terminated

All dates are the date on the letters not when received / posted. I have had phone conversations, the last of which was a guy telling me the account would be going into default. I have checked emails and nothing there.
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Old 10th August 2009, 12:50   #14 (permalink)
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Default Re: RTR vs Egg

Quote:
Originally Posted by RoadToRecovery View Post
Thanks for the reply, vint.

I have just gone through all the docs I have thinking I might have filed something in the wrong folder but have no DN for definite.

Me:
23rd May :- CCA request
17th June :- A/c in dispute letter

Egg:
5th June :- Your direct debitautolinker.com autolinking image has been cancelled letter
8th June :- We've been unable to collect your payment letter
23rd June :- Your A/c is in arrears letter
7th July :- Your credit agreement request (as scanned in above)
6th August :- Your egg card account has been terminated

All dates are the date on the letters not when received / posted. I have had phone conversations, the last of which was a guy telling me the account would be going into default. I have checked emails and nothing there.
It sounds like they have unl;awfully terminated your agreement.

I would ask them for a copy of the DN, as you have not received it.

They must deliver it by post or manual serving. They need to be able to prove that.
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Old 20th August 2009, 10:06   #15 (permalink)
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Default Re: RTR vs Egg

Oh flip

When tidying through paperwork, found an unopened letter and it was the Egg DN. Presumably the misus put it there thinking I would see the envelope and it's been overlooked all this time. What a twozzer I am


Lesson learned here, ensure every single item of mail is accounted for between the misus and me. Thankfully the lesson has been learned now and not when court papers are being delivered. Probably others are more switched on, but this has been a VERY important and embarassing lesson for me.



Need to wait and see what happens next.

My agreement is identical to those pt says he has successfully proved to be unenforceable. I will not give up hope at this point.
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Old 20th August 2009, 10:57   #16 (permalink)
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Default Re: RTR vs Egg

Quote:
Originally Posted by RoadToRecovery View Post
Oh flip

When tidying through paperwork, found an unopened letter and it was the Egg DN. Presumably the misus put it there thinking I would see the envelope and it's been overlooked all this time. What a twozzer I am


Lesson learned here, ensure every single item of mail is accounted for between the misus and me. Thankfully the lesson has been learned now and not when court papers are being delivered. Probably others are more switched on, but this has been a VERY important and embarassing lesson for me.


Need to wait and see what happens next.

My agreement is identical to those pt says he has successfully proved to be unenforceable. I will not give up hope at this point.
Hi RTR,

Can you post a copy of the DN, having blanked out your details.

Vint
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Old 20th August 2009, 11:45   #17 (permalink)
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Default Re: RTR vs Egg

Thanks for the reply, vint.

Here is the egg DN, the first of several I fear







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Old 20th August 2009, 11:52   #18 (permalink)
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Default Re: RTR vs Egg

Is there anything on the envelope, to indicate when it was posted. They seem to have given an awfully long time to remedy the default.

If the dates are correct, then they are fine.
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Old 20th August 2009, 13:10   #19 (permalink)
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Default Re: RTR vs Egg

Nothing on the envelope, vint. I think they have done this ok tbh, my stoopid fault for not seeing the letter tucked away before today
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Old 22nd August 2009, 09:46   #20 (permalink)
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Default Re: RTR vs Egg

Received a letter from DLC today stating the balance must be paid immediately.

Failure to respond to this letter may result in legal action.
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