Egg Card - CCA Flawed?
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never-in-doubt
Posts: 20,613 Forumite
Egg Agreements - Flawed?
Do you have an Egg Card? Have they sent what looks like a compliant CCA? Well, did you know that Egg are the only company to have flawed agreements. You need to go back and check your CCA and where it should say 'Credit Limit' it may well say 'Approved Limit' in which case it is unenforceable for using wrong language on a regulated document, basically if your Egg agreement uses the term 'Approved' as opposed to 'Credit' then the agreement is unenforceable as the prescribed term 'Credit Limit', is missing
This only applies to Egg paper agreements (not online ones).
Example of an Unenforceable Egg Agreement
If you received a copy of an agreement, similar to that above then you should send the following letter back to Egg:
NiD watches the mass influx of people with Egg accounts rushing to re-check their agreement :rotfl:
Dear Egg,
Account No: XXXXXXXX
On XX/XX/XXXX I wrote requesting that you supply me a true copy of the executed credit agreement for the above numbered account. In response to this request I was supplied a document, a copy of which is attached, which did not comply with the requirements of the Consumer Credit Act 1974 (CCA1974).
The document you sent, purporting to be a credit agreement, does not contain all of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say, all of the required terms are not present in this document. Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states:127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.
In addition, you also use the term 'Approved Limit' which does not comply with the Prescribed Terms which stipulate that this should state 'Credit Limit'.
As a result, should you continue to pursue me for this debt you will be in breach of OFT guidelines. These guidelines (issued July 2003 & updated December 2006) relate to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states;2.6 Examples of unfair practices are as follows:I require you to produce a compliant copy of the credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt. If you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to the relevant governing authorities.
h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment
Since the agreement is unenforceable, it would be in everyone’s interest to consider the matter closed. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages.
I respectfully request a response to this letter in 14 days.
Yours faithfully
Sign digitally
NiD watches the mass influx of people with Egg accounts rushing to re-check their agreement :rotfl:
2010 - year of the troll
Niddy - Over & Out :wave:
Niddy - Over & Out :wave:
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Comments
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If that works well done, they pick up on small details, well done for finding one back.Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
If this from PT's "What I think is wrong about past Egg agreements"?
Or something like that anyway...........................Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
If this from PT's "What I think is wrong about past Egg agreements"?
Or something like that anyway...........................
No mate - but after you mentioned it I found the thread of PT....
http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html
Interesting ;)2010 - year of the troll
Niddy - Over & Out :wave:
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Dont qoute me on this (I may have just made it up!:D:o), but I seem to recall seeing a few (early) MBNA agreements like this.No Longer works for MBNA as of August 2010 - redundancy money will be nice though.
Proud to be a Friend of Niddy.
no idea what my nerdnumber is - i am now officially nerd 229, no idea on my debt free date0 -
never-in-doubt wrote: »No mate - but after you mentioned it I found the thread of PT....
http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html
Interesting ;)
Having read the above thread, this is where it gets interesting, seems Egg have a court date in March to determine their use of the word 'approved' instead of 'credit'...
http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what-67.html2010 - year of the troll
Niddy - Over & Out :wave:
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Dont qoute me on this (I may have just made it up!:D:o), but I seem to recall seeing a few (early) MBNA agreements like this.
Yes, I agree and have seen a few myself, although wasn't their wording 'Agreed Advance' on a lot of 'older' agreements? It's amusing really, how can you miss one of 3 main veins that make up an organ! Idiots :rotfl:
edit -- you never made it up either, if you 'thought' you did then get a lotto on mate cos you must be bloody psychic!2010 - year of the troll
Niddy - Over & Out :wave:
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never-in-doubt wrote: »Yes, I agree and have seen a few myself, although wasn't their wording 'Agreed Advance' on a lot of 'older' agreements? It's amusing really, how can you miss one of 3 main veins that make up an organ! Idiots :rotfl:
Hence why I put early agreements - probably even 93 / 94 / 1995 - We all know my employer is run by idiots - then there are the sheep that follow - and know what they say is correct "cos my manager told me"No Longer works for MBNA as of August 2010 - redundancy money will be nice though.
Proud to be a Friend of Niddy.
no idea what my nerdnumber is - i am now officially nerd 229, no idea on my debt free date0 -
never-in-doubt wrote: »edit -- you never made it up either, if you 'thought' you did then get a lotto on mate cos you must be bloody psychic!
It was just a "did I really see that X numberof years ago, or is it cos someone mentioned it"
The ones I seem to remember it on were the "priority applications - which were about the same size as a credit card statement envelope - and one sided.No Longer works for MBNA as of August 2010 - redundancy money will be nice though.
Proud to be a Friend of Niddy.
no idea what my nerdnumber is - i am now officially nerd 229, no idea on my debt free date0 -
It was just a "did I really see that X numberof years ago, or is it cos someone mentioned it"
The ones I seem to remember it on were the "priority applications - which were about the same size as a credit card statement envelope - and one sided.
Yep that's the ones, with the alleged 'CCA' down the left hand pane of the page
Remember now......
I forgot you work for MBNA! I still need you to sort me an account mate - you must be able to pull some strings for my beloved Rangers Card (how much - just hit me with it lol) :eek:2010 - year of the troll
Niddy - Over & Out :wave:
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Hence why I put early agreements - probably even 93 / 94 / 1995 - We all know my employer is run by idiots - then there are the sheep that follow - and know what they say is correct "cos my manager told me"
How about if I told you i've seen one dated (wait for it): 01 April 1998....
The date is no 'pun' either, funnily enough!2010 - year of the troll
Niddy - Over & Out :wave:
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