Cupcake vs Egg 03

[cupcake68]

Hi

I wonder if anyone can give me some advice on this Egg agreement please?

TC EGG pictures by cupcake62 - Photobucket

It was not an online agreement and was taken out in 2003.

I think I need to write to ARC and explain the agreement does not have the prescribed terms?

Thank you

Cupcake

[cupcake68]

Can anyone tell me if I am correct?

I am getting better at knowing what the prescribed terms are but Egg appear to have different rules (or is that what they want me to think?)

This was not an online account so do I treat it as any other agreement?

Thanks

Cupcake

[cupcake68]

Now had a letter from Trevor Munn.

A county court claim has now been prepared and is ready to be issued against you to Northampton county court. The following costs will be added Debt bal xxx
Court fees £85 and solicitors costs £80.

As you can see the issue of Court proceedings will mean that the amount you owe our client will increase by £165.

YOU CAN STOP THIS CLAIM BEING ISSUED AND THE DEBT INCREASING BY PAYING IN FULL NOW.

Alternatively, if you are in financial difficulty then complete the form below and return it to us immediately with an initial payment and we will consider your situation.

It is still not too late but you must act NOW. So send your payment TODAY or call ARC directly...........

Should I send them this?

Dear Sir/Madam

I refer to your letter of XXX, the content of which is noted. No debt to your client is acknowledged.

In XXXX I made a formal request to your client pursuant to s.78(1) of the Consumer Credit Act 1974. They have failed to comply within the statutory time limit, or at all. It should not be necessary to have to remind solicitors that the provisions of s.78(6) now apply.

In the circumstances, your threat of legal action would appear to be a breach of the Consumer Protection From Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on debt collection. Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches.
Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

Yours faithfully

Any advice gratefully received

Cupcake

[cupcake68]

I am still not sure about this account!!

Have sent this to ARC

Thank you for responding to my formal request under the Consumer Credit Act 1974 for a copy of the compliant executed agreement relating to the above account.

However, unfortunately the document you provided does not satisfy this request, in that it is an application form and does not contain the prescribed terms and conditions necessary to make it an agreement enforceable by the Courts. I am sure you must be aware, in the current climate, of what the prescribed terms are, but if you are in any doubt I will be pleased to elaborate.

Consequently, until a valid executed agreement is supplied, the account remains in dispute and as such further enforcement action cannot be taken.

I am fully aware of the recent test case of RBS vs McGuffick, however to pre-empt any attempt at confusion on your part I would point out that this referred to an agreement which was compliant but temporarily unavailable, therefore does not apply in my case.

With regard to the definition of "enforcement", I would remind you also that you are still required to comply with OFT debt collecting guidelines in order to retain your Consumer Credit Licence.

I am anxious to be reasonable in this matter, therefore I am allowing you a further 14 days in which to comply with the requirements of my request and supply a valid agreement.

I look forward to hearing from you in writing.


Letter thanks to Nurse Elsa on another of my threads. It seems to have given them something to think about .....I hope this is right!!

Any advice greatly appreciated.

Cupcake

[cupcake68]

Now I'm really confused!! (probably their plan!!)

I have received a letter from Egg apparently in reply to my letter received 16th April.

Would this be the letter I sent ARC?

Should I send them a list of the prescribed terms?

Thanks

Cupcake

[freethemice]

You seem to be in the stage I refer to as 'letter tennis'.

All you can do is state again and again the legal points you would hope to rely on when/if this goes to court as to why you are not paying and feel they have been unreasonable in their response to your s78 request.

Be aware though that they do have a wide range of documents they can send in response to a s78 request after the recent Carey v HSBC case but should be 'honest' if this is a reconstruction or if the original is no longer available.

The default notice is my prefered area of combat if you have this.

[cupcake68]

Hi FTM

Thanks for your advice.

They have supplied me with the paperwork I signed at the time of taking out the cc but I don't think it has the necessary terms on it.

Their DN gave me almost a month to pay but I am not very good yet at understanding what else may be wrong with a DN. They terminated on the date stated on the DN.

Cupcake

[cupcake68]

They are asking why I think my agreement is unenforceable!!

Should I just tell them to read the CCA 1974 to find what is required in an agreement to make it enforceable?

Cupcake