Unenforceability & Template Letters II

astravanman

never-in-doubt wrote: »

Egg Agreements - Flawed?

Can I just point out, to your good self and anyone else reading this thread 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.

NiD watches the mass influx of people with Egg accounts rushing to re-check their agreement :rotfl:

Thanks NID.
When you've got a moment could I ask if you can please take a look at these 4 scanned cca pages from Egg and give me your thoughts? These are the main ones but they also sent a further 8 A4 size pages containg the personal loan t&c's. Thanks mate.

http://i222.photobucket.com/albums/dd74/panther4674/cca1.jpg
http://i222.photobucket.com/albums/dd74/panther4674/cca2.jpg
http://i222.photobucket.com/albums/dd74/panther4674/cca4.jpg
http://i222.photobucket.com/albums/dd74/panther4674/cca5.jpg

never-in-doubt

honey56 wrote: »

Hi N.I.D, I think its just the standard paperwork they send you out when you get sent a replacement card when the old one expires.

They have sent me a completed application form signed & dated by me, is this the same as a credit agreement?

Sorry - send the following: OR ignore them, which is what i'd do!

3. CCA Query
This is the letter you send if they send you an application form or omit the prescribed terms.

never-in-doubt

astravanman wrote: »

Thanks NID.
When you've got a moment could I ask if you can please take a look at these 4 scanned cca pages from Egg and give me your thoughts? These are the main ones but they also sent a further 8 A4 size pages containg the personal loan t&c's. Thanks mate.

http://i222.photobucket.com/albums/dd74/panther4674/cca1.jpg
http://i222.photobucket.com/albums/dd74/panther4674/cca2.jpg
http://i222.photobucket.com/albums/dd74/panther4674/cca4.jpg
http://i222.photobucket.com/albums/dd74/panther4674/cca5.jpg

Your quote of my Egg Flaw post is incorrect mate, these links are for a loan not a credit card which is what I referred to.

I'll check these later and post back - tea time mate! :eek:

daz10277

Hiya NID mate

You've not heard from me since 25 Nov and I could do with your help again please. Hope you had a great Xmas and New Year!

Quick recap:

Unsecured loan took out 1999 with HBOS for £7k. Defaulted 2000. Went straight to one DCA with whom I entered into a payment arrangement which then assigned to current one about two years ago and I continued with the same payment arrangement which they agreed to. I have been paying since 2000 right up to Oct 2009 without fail after which I stopped from your advice as the account was now in dispute.

From my CCA request, got this in response:-

http://i916.photobucket.com/albums/ad10/daz10277/HBOSCCA3.jpg

I thought it looked cosha but you reckoned prescribed terms were not intact. Certainly the interest amount did not seem to correspond to the interest rate shown but there were other items you spotted. You advised me to send a letter disputing it and to get them to tell me why it was intact. This is their reply received today:-

http://i916.photobucket.com/albums/ad10/daz10277/DLCreply180110.jpg

As you will see, they don't actually say why it is correct so I'm none the wiser.

I'd be really grateful if you could advise what I do next and whether I stand a good chance in court should it go that far? Someone told me a judge is unlikely to grant a CCJ as I have been in an arrangement without failing to pay for so long let alone resolving whether the CCA prescribed terms are intact so on the face of it, it still looks I'm in a good position??

Cheers
Daz

pinkjaney

never-in-doubt wrote: »

Send this: 10. Demand of your Signature

Thanks for your help, i was being dumb when i first saw this but now get it sorry lol.

Will get this sent off Monday

Many Thanks again xx

honey56

never-in-doubt wrote: »

They have yet again filed to comply by sending terms, time to ignore them. It is the best way forward, let Statute kick in (6 years from date of last payment)....

Hi, thanks again for your reply. will the phone calls eventually stop? Capital One have been phoning 3 or 4 times a day for either me or my partner, stopped answering the phone now.

never-in-doubt

honey56 wrote: »

Hi, thanks again for your reply. will the phone calls eventually stop? Capital One have been phoning 3 or 4 times a day for either me or my partner, stopped answering the phone now.

Ahh they are phoning you? Can I ask, would it be easier to change numbers or just block witheld numbers, which DCA's usually ring from?

Failing that; send the following letter to them: #2

never-in-doubt

daz10277 wrote: »

Hiya NID mate

You've not heard from me since 25 Nov and I could do with your help again please. Hope you had a great Xmas and New Year!

Quick recap:

Unsecured loan took out 1999 with HBOS for £7k. Defaulted 2000. Went straight to one DCA with whom I entered into a payment arrangement which then assigned to current one about two years ago and I continued with the same payment arrangement which they agreed to. I have been paying since 2000 right up to Oct 2009 without fail after which I stopped from your advice as the account was now in dispute.

From my CCA request, got this in response:-

http://i916.photobucket.com/albums/ad10/daz10277/HBOSCCA3.jpg

I thought it looked cosha but you reckoned prescribed terms were not intact. Certainly the interest amount did not seem to correspond to the interest rate shown but there were other items you spotted. You advised me to send a letter disputing it and to get them to tell me why it was intact. This is their reply received today:-

http://i916.photobucket.com/albums/ad10/daz10277/DLCreply180110.jpg

As you will see, they don't actually say why it is correct so I'm none the wiser.

I'd be really grateful if you could advise what I do next and whether I stand a good chance in court should it go that far? Someone told me a judge is unlikely to grant a CCJ as I have been in an arrangement without failing to pay for so long let alone resolving whether the CCA prescribed terms are intact so on the face of it, it still looks I'm in a good position??

Cheers
Daz

Hiya matey - yea I remember - the main that stood out at the time was the fact it was signed and dated by them before you signed and dated it! But that only presumes they have lost the original - it does leave the question of why they would add details later but hey?!

I still think though, being you've been paying it for all that time you may be better on just continuing, certainly if they threaten any court action. So you could ignore them and see what materialises, if anything, or you could offer repayments.

Its really up to you.

Bear in mind a lot has happened recently and as a result the things we used to rely on in the past seem irrelevant to a lot of judges nowadays. That's the unfortunate thing with hindsight. :cool:

daz10277

never-in-doubt wrote: »

Bear in mind a lot has happened recently and as a result the things we used to rely on in the past seem irrelevant to a lot of judges nowadays. That's the unfortunate thing with hindsight. :cool:

Hi NID

I haven't been keeping up with recent events, so dunno what you mean? It sounds like the CCA may well be intact then even though the APR doesn't match the interest calculated?

The bottom line is I guess I can't rely on hoping the CCA will be deemed unenforceable if it goes to court as it stands

Also they haven't sent me a copy of the notice or deed of assignment, does this make a difference if it goes to court?

Sorry for extra questions, was hoping I would be able to be in a good position against the DCA should they force the issue but I guess not...

Thanks
Daz

never-in-doubt

daz10277 wrote: »

Hi NID

I haven't been keeping up with recent events, so dunno what you mean? It sounds like the CCA may well be intact then even though the APR doesn't match the interest calculated?

The bottom line is I guess I can't rely on hoping the CCA will be deemed unenforceable if it goes to court as it stands

Also they haven't sent me a copy of the notice or deed of assignment, does this make a difference if it goes to court?

Sorry for extra questions, was hoping I would be able to be in a good position against the DCA should they force the issue but I guess not...

Thanks
Daz

I think you should just ignore them and leave it as unenforceable and then if they send any court papers, you can apply for stike-out and agree to repayment or argue the CCA...... either way, its really up to you.

Recent events, look at page 1 post 1. I added 2 of the higher profile judgments whereby judges went in favour of the lender (banks) even though the cca was totally flawed, if even existent! Basically it was a joke but shows that the law doesn't always work or side with the consumer.

Don't worry though, just decide what is best for you and go for it mate.