Summerbeeze and Egg CCA

[summerbreeze]

Hi all Eggers

I finally got my Egg ' CCA ' after being ignored the first time and resending a S78 request

What do the seasoned Egg watchers think ? I think they dont have the original or a copy but maybe I am wrong.

This is a quite old account ...definitely pre - 2001 and most likely 1999 / 2000
this is the letter with the CCA



and this is page 1


and this is page 2



They also sent a copy of the T and C that were in forcr at the time of opening the account and current T and C as well

I am currently making a small token payment but have recently been defaulted

[Davidoff]

Hi

The letter is the same as I received after lots and lots of complaints about not receiving my CCA. I didn't send another £1 and CCA request as I didn't want to give them the opportunity to start the clock again.

I still haven't received the CCA so they are lying to me (again) by saying that they have sent me my CCA.

I am not fully conversent with all the techy bits but I can't see either your signature or the signature of the credit supplier on the CCA. As such and because it is an old CCA I believe it is unenforceable.

Looks good for you.

[Davidoff]

Oh, and I noticed that the wording in the letter states thyat it reproduces the terms and conditions, i.e. it is probably a reconstruction of the original document. This is a ruse used by CC companies and refers to an old term which allowed for hand copying before photocopiers existed, so copies had to be done by hand. I'm pretty sure that this has been disallowed by a court but I can't remeber the case. Does anyone else know?

[MandM]

Hi SB. Not sure if this helps you. Egg ignored my CCA request. But when I sent a Subject access request I got the copy of my SIGNED agreement plus original T&Cs.

Mine is 2001, applied online, hard copy posted out and signed.

M

[peterbard]

Hi

THis is a totally compliant reeply.
I know it is not what you want to hear but it is however a fact.

If you think they do not have the orriginal and you want to go down the unenforceability route then you will have to default and let them take you to court,and trust in section 127(3).

If you do they are entitled to mark your credit file.

YOu could try a Data Protection Act.

Peter

[fleeced_by_rbos]

You could check out Pt's thread here http://www.consumeractiongroup.co.uk...ml#post2024413 as it gets into the nitty gritty of whether the agreements are valid based on the prescribed terms.

[WelshMam2009]

Originally Posted by summerbreeze

This is a quite old account ...definitely pre - 2001 and most likely 1999 / 2000

I'm not so sure about that SB. It specifies 0% balance transfers up until 30/1/02 and typically, you had 6 months in which to transfer the balances from the date the account was opened. This would mean that the agreement was taken out circa 30/7/01.

Also, my Egg agreement, which is from September 2000, doesn't specify a specific date for balance transfers, as yours does, it just states "transferred balances put on the account within the first six months after it is opened." I believe that it was on later agreements that they started specifying the actual date.

However, if you are adamant that you took the agreement out earlier, then this isn't the correct CCA.

If the dates are correct then, I agree that Egg have complied with the S78 request. However, I don't believe that this agreement is enforceable for several reasons, as specified in PT's Egg thread.

[summerbreeze]

Thank you for all the replies.

Yes I agree with Peter that they have complied with the s78 request .

I agree with you also WM that it probably is not as old as I thought and probably from 2001.

They may have the original and perhaps I should send a Subject access request . I do think I applied online for this account.

I am studying PTs thread . I think this agreement has many similarities to the unenforceable ones on there .
The very last para in partiqular where it says 'you agree to the Egg card conditions a copy of which is enclosed' is very interesting I think.

[MandM]

Mine's Oct 01. I'll compare it with yours tonight when i'm home, see how it looks.

M

[summerbreeze]

Thanks M ..let me know

What has happened with yours?

[MandM]

Originally Posted by summerbreeze

Thanks M ..let me know

What has happened with yours?

Just getting started with the card. Had been paying DLC a nom. amount since last July. Have been holding back with a PPI claim but just about to go for it now so cancelled the standing order after last months payment. Hopefully they'll owe me .

M

[angry cat]

Originally Posted by peterbard

Hi

THis is a totally compliant reeply.
I know it is not what you want to hear but it is however a fact.

If you think they do not have the orriginal and you want to go down the unenforceability route then you will have to default and let them take you to court,and trust in section 127(3).

If you do they are entitled to mark your credit file.

YOu could try a Data Protection Act.

Peter

Egg have only complied if they have sent the correct inception terms and conditions!

What date in 2001 is this recon. meant to be for?
it is certainly not early to mid 2001!

Was there any PPI applied for?

Never trust a rotten Egg, that is my Motto...

[summerbreeze]

The T and C that they have sent with this CCA have a date Oct 2001.
I did think it was earlier than that ...will try to find out the date

[peterbard]

HI

Appareintly Pt has a tes case comiong up in march which will decide the effectiveness of the arguments against Egg.

It may well be worth stallling any action untill you see what transpires.

To add.

Whether or not there was PPI on the account will not influence the compliance of section 78.

Peter

[WelshMam2009]

Originally Posted by angry cat

What date in 2001 is this recon. meant to be for?
it is certainly not early to mid 2001!

What makes you say that AC??

I actually have my original agreement from September 2000 (and original t&c's) which is a slightly, but not substantially, different from the agreement above.

Have got Apex chasing me at the mo...must get around to telling them to bog off soon!!

[MandM]

Originally Posted by summerbreeze

Thanks M ..let me know

What has happened with yours?

Popped it my Egg thread. Was earlier than I thought - Oct 2000!

M

[summerbreeze]

Well I really cant remember when this account started. I definitely thought it was before August 2001 as I moved house then ...I guess I will have to send a Subject access request to find out as I cant log on to my account anymore.

[MandM]

Originally Posted by summerbreeze

Well I really cant remember when this account started. I definitely thought it was before August 2001 as I moved house then ...I guess I will have to send a Subject access request to find out as I cant log on to my account anymore.

Which might not be a bad thing . As I said above, I sent a Subject access request and they sent me a copy of it!

So it may turn up yet.

M

[angry cat]

Originally Posted by peterbard

HI

Appareintly Pt has a tes case comiong up in march which will decide the effectiveness of the arguments against Egg.

It may well be worth stallling any action untill you see what transpires.

To add.

Whether or not there was PPI on the account will not influence the compliance of section 78.

Peter

78 Duty to give information to debtor under running-account credit agreement



(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it..."

...any other document referred to in it.

My view has always been that if PPI is referred to in a credit agreement, then it forms part of that credit agreement.
Section 78 is about giving information to a debtor;
the PPI information is another document referred to on the credit agreement, as well as the T&C's etc.


If there is any query about this, then the OFT need to clarify the position in their consulation!

[angry cat]

Originally Posted by summerbreeze

Well I really cant remember when this account started. I definitely thought it was before August 2001 as I moved house then ...I guess I will have to send a Subject access request to find out as I cant log on to my account anymore.

Make a Subject access request;
in fact, making an Subject Access Request should be the very first step!