Egg Card - CCA Flawed?

never-in-doubt

luvfreebeez wrote: »

:rotfl: ...because
if i didnt laugh, i would probably cry!!

Well thankyou anyway for checking it over, at least it sorta lets me know where I stand either way!! So whether I blag or pay (yet to decide) , if the court case rules that "approved limit" wording makes the agreement unenforceable, would I have a leg to stand on then, is that what you may be saying...??

Hiya

Just send the letter to them, from page 1 (#1) and see what they say..... if they attempy legal action just PM me asap and we'll get it stopped, don't worry..... but try your luck and see what they come back with - you'll be ok..

And yea, keep smiling - don't let it get to you...

scarednshakin

never-in-doubt wrote: »

Hiya mate,

Yes send out the account sold and hold fire on the telephone harassment right now.....

I'm looking at your emails now mate - reply here: #2299

Thanks, will get the letter sent out and let you know what comes back :beer:

thinkpositive1

Hi all

Saw this thread out of interest as I have an Egg card account with a hefty balance on it (with the agreement dated March 2002).

I may have missed something in the threads but I have looked at my paper agreement letter and it does APPROVED LIMIT not CREDIT LIMIT.

If I send a letter as suggested I have 2 questions before I do:

1. What is the likely response from Egg? Legally is this definitely an unenforceable agreemnet and therefore do I just stop paying them and treat the account as though I no longer owe them anything?

2. What are the implications for how it shows up on credit records? This account, with my other credit cards are already in default status as I have been paying reduced monthly sums for almost 2 years via CCCS arranged DMP. Will it forever remain a "blemish" on my credit records.

Thanks in advance for any advice.

never-in-doubt

thinkpositive1 wrote: »

Hi all

Saw this thread out of interest as I have an Egg card account with a hefty balance on it (with the agreement dated March 2002).

I may have missed something in the threads but I have looked at my paper agreement letter and it does APPROVED LIMIT not CREDIT LIMIT.

If I send a letter as suggested I have 2 questions before I do:

1. What is the likely response from Egg? Legally is this definitely an unenforceable agreemnet and therefore do I just stop paying them and treat the account as though I no longer owe them anything?

2. What are the implications for how it shows up on credit records? This account, with my other credit cards are already in default status as I have been paying reduced monthly sums for almost 2 years via CCCS arranged DMP. Will it forever remain a "blemish" on my credit records.

Thanks in advance for any advice.

Hiya

1. Its not "legally" anything, its using the law to your advantage. Basically if they threaten court and issue papers, you back down - but usually they will not do this... its what's known as a blag! It mostly works, so you go for it and then if they come back serious you back down....

2. The default stays for 6 years from date of default afterwhich it is removed and can never be added again...... the fact you attempt unenforceability means and changes nothing really.

Rainbow_Liberty

never-in-doubt wrote: »

Hiya

The default stays for 6 years from date of default afterwhich it is removed and can never be added again...... the fact you attempt unenforceability means and changes nothing really.

I have recently got all three of my credit files and I have only one default showing on them, as a default from May 2005. The other debts I had that I had been paying token payments of £1 a month too for the past 8 years don't appear on any of the credit files, though I do know they have been there previously as defaults.

Does this mean that they can't go back onto my file as defaults wether I pay them or not. I'm abit confused as if by stopping the token payment they are going to show up again I'd rather keep paying £1 a month as next May 2011 my credit files would look ok again.

Or have I got it all wrong.

never-in-doubt

Rainbow_Liberty wrote: »

I have recently got all three of my credit files and I have only one default showing on them, as a default from May 2005. The other debts I had that I had been paying token payments of £1 a month too for the past 8 years don't appear on any of the credit files, though I do know they have been there previously as defaults.

Does this mean that they can't go back onto my file as defaults wether I pay them or not. I'm abit confused as if by stopping the token payment they are going to show up again I'd rather keep paying £1 a month as next May 2011 my credit files would look ok again.

Or have I got it all wrong.

Hiya

Hope you had a nice holiday? You've hit the nail on the proverbial head, yes the defaults have already expired which means they can never be added again. One debt = one default.

Regards to the one from 05/2005 - you're correct in saying next June (06/2011) it will be removed from your credit file and you will be fine to apply for credit again. Bear in mind, if you just abandon the debts you have, they can apply for a CCJ - which would remain until the debt has been paid in full....

Make sense?

Rainbow_Liberty

never-in-doubt wrote: »

Hiya

Regards to the one from 05/2005 - you're correct in saying next June (06/2011) it will be removed from your credit file and you will be fine to apply for credit again. Bear in mind, if you just abandon the debts you have, they can apply for a CCJ - which would remain until the debt has been paid in full....

Make sense?

mmmm I'm never going to be in a position to be able to repay these debts, not too sure what I should do now though. I'm still waiting for the rest of the CCA's to come back to me despite having written on 25th March.

So, if they are deemed unenforceable and they have already been defaulted off my credit file - what then?

never-in-doubt

Rainbow_Liberty wrote: »

mmmm I'm never going to be in a position to be able to repay these debts, not too sure what I should do now though. I'm still waiting for the rest of the CCA's to come back to me despite having written on 25th March.

So, if they are deemed unenforceable and they have already been defaulted off my credit file - what then?

Don't worry, you're getting confused and way ahead of yourself...

They can only obtain a ccj if they have the original agreement, they don't so they cannot take formal action. Try and not confuse things, wait until you get the CCA's back yea?

Rainbow_Liberty

never-in-doubt wrote: »

Don't worry, you're getting confused and way ahead of yourself...

They can only obtain a ccj if they have the original agreement, they don't so they cannot take formal action. Try and not confuse things, wait until you get the CCA's back yea?

NID You truly are a knight in shining armour arn't you, thank god you know what your talking about and can put people like me on the right pathway. Where would I be without you apart from going even more senile than I already am.

By the way, change of plan as you can tell I haven't gone away for the second part of my holiday. Car needed for the caravan won't start so plans been scuppered. Typcial.

Michelle32

Hi I am new I recently got back my CCA from Egg for my Egg money card using the template from this website and my agreement says Approved limit on it does this mean the debt is unenforceable and what should I do now.

Thanks


Michelle