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Egg Card - CCA Flawed?

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  • DarkConvict
    DarkConvict Posts: 6,346 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Do a CCA request to see your paperwork.
    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 deficiencies
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Do a CCA request to see your paperwork.

    Yup - agreed. Either do a 1. CCA Request or a 12. SAR Request ;)
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    oscar52 wrote: »
    Funnily enough thats the one thing they are quite hot on - altering/upping limits on cards - wish I could, would do my own (not a good idea as some have found out - silly people)

    Oh, and just a query - are you too :o to put Queens Park at the front of Rangers?:D

    Noooo - you misread mate! I am asking you to take a bribe (how much do you want) to force my Rangers application through lol :rotfl: :rotfl:

    Queens Park who? I thought that was their name, Queens Park then rangers, whereas we are Rangers - pure and simple, the Gers, the Bears, the Blue Noses..... :p:p
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • oscar52
    oscar52 Posts: 2,272 Forumite
    Now I understand:D - sorry, dont work as a Credit Analyst - so thats a no go.

    I would say support a decent club, but in reality, you only have the "choice" of two in Scotland.
    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 date
  • Hi NID

    Thought all was lost with EGG CCA and then found this thread - yippee!

    Is it worth sending the letter just now or waiting until it goes to court in March? Thanks as always SNS
    :idea: Had lbm, switched it off too many times. Now am trying to sort my life out :T:T

    :T Proud Supporter of Niddy :T
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Hi NID

    Thought all was lost with EGG CCA and then found this thread - yippee!

    Is it worth sending the letter just now or waiting until it goes to court in March? Thanks as always SNS

    Send the letter off mate.... good luck. :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Cheers mate, will let you know how I get on :beer:
    :idea: Had lbm, switched it off too many times. Now am trying to sort my life out :T:T

    :T Proud Supporter of Niddy :T
  • Hi!
    Can anyone help please?

    I sent off the letter to the dca handling my egg account as my cca says "approved limit". I have had the following letter back:

    "I draw you attention to the date which you entered the agreement (18/02/02), denoting our obligation to fulfil your request under the cca 1974 and not the terms prescribed in that of the amendments of the cca 2006.Therefore under sec 78 relating to a regulated agreement for running-account credit, the credit limit is not a requirement under (b) the amount,if any,currently payable under the agreement by the debtor to the creditor. At the point of entering into the agreement, the amount payable would have been nil. You will find the rate of interest and repayment details in the terms and conditions enclosed.For these reasons we refute your claim that the agreement is lacking any of the terms prescribed by the cca 1974 and under s127 cannot be enforced,even by a court"

    Any suggestions on where to go next with this,much appreciated!
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 15 February 2010 at 2:10AM
    Hi!
    Can anyone help please?

    I sent off the letter to the dca handling my egg account as my cca says "approved limit". I have had the following letter back:

    "I draw you attention to the date which you entered the agreement (18/02/02), denoting our obligation to fulfil your request under the cca 1974 and not the terms prescribed in that of the amendments of the cca 2006.Therefore under sec 78 relating to a regulated agreement for running-account credit, the credit limit is not a requirement under (b) the amount,if any,currently payable under the agreement by the debtor to the creditor. At the point of entering into the agreement, the amount payable would have been nil. You will find the rate of interest and repayment details in the terms and conditions enclosed.For these reasons we refute your claim that the agreement is lacking any of the terms prescribed by the cca 1974 and under s127 cannot be enforced,even by a court"

    Any suggestions on where to go next with this,much appreciated!

    Just leave them for the time being, we'll know more in March when Egg have been to court but what they say is a little EGGaggerated (sorry had to do it)....

    In the meantime look here: Read this important note regarding your Credit Limit - only relevant to a s,78 (Running Account) Agreement.
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Thanks for your reply NID.
    ..iv'e read the link you sent....do i interpret that as meaning I havent really got a legg (..sorry...) to stand on at the moment and that I cant use the term "approved limit" to pursue unenforcebility. Only the dca says that i should contact them regarding repayments as a matter of urgency, so not sure what they can do in the meantime while I await the outcome of the march case??

    Thanks again.
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