cca rigths end with agreement??

stcyrus

Have being asking egg for a copy of my credit card agreement for a njumber of months .They have sent incorrect ones ,recon ones and ones with different signatures .
The credit card agreement was taken out in 2002.this meant that a signed copy of the agreement would be required as tick boxes where not legal.
I have recieved a new letter from egg which is detailed below.

Thank you for your recent request for an executed copy of the credit agreement for account ......with egg banking plc uner the section 78(1) of the consumer credit act 1974.

As the account you refer to is now closed i have to inform you that egg are under no obligation to comply with the request for a copy of the executed agreement under the consumer credit act as we no longer have a contractual relationship relating to the account nor are we seeking to enforce any agreement on the account
the right to be provided with this information from egg bank plc ended with the closeure of the account .
Section 78(3)(A) of the consumer credit act states that section 78(1) does not apply where no sum is or will or may become payable by the debtor .The right to request an executed ciopy of an agreement is found in part Part V1 of the act which is entitled 'matters arising during currency of credit hire agreements' so where an agreement is no lomnger current the rigth to request or be provided with a copy of the ececutable agreement therefore ceases .

this to mean seems to be a lot of bumpf but would like to hear what others think .
As mentioned they have sent a number of agreements all of which i have rejected as not correct so is this them having a go at a blatant lie

regards

dunstonh

this to mean seems to be a lot of bumpf but would like to hear what others think .

Egg are correct. Section 78 only applies to debts still outstanding and accounts still open. So, quoting that to get the agreement was the wrong request.

As mentioned they have sent a number of agreements all of which i have rejected as not correct so is this them having a go at a blatant lie

its not a lie. They are spot on.

mt7x2

I also sent a SAR to Egg and received this letter and they have cashed my £10 check. A very helpful person commented on a previous thread of mine, similar thing happen to them and posted an address to send another letter to which I have (previous thread was last commented on 18/02 if you want to look at it, sorry don't know how to do links on my iPad )

Is sending a SAR to Egg when the accounts are closed the wrong thing to do? If it is what is the right thing to obtain the info we need.
Hope that helps

stcyrus

Thanks for getting back .
So am i correct in saying that as I closed my credit card account with egg 2 years ago I have no longer any rigth to request from them a copy of the agreement .
even thought they were quite happy on three previous occassions to send me reconstructed ones for this account.
Does that also mean that the PPI charged on my credit card and the higher fees incurred for late payments are now beyond reclaiming as well .
again thanks in advance for your advice.
regards

mt7x2

stcyrus wrote: »

Thanks for getting back .
So am i correct in saying that as I closed my credit card account with egg 2 years ago I have no longer any rigth to request from them a copy of the agreement .
even thought they were quite happy on three previous occassions to send me reconstructed ones for this account.
Does that also mean that the PPI charged on my credit card and the higher fees incurred for late payments are now beyond reclaiming as well .
again thanks in advance for your advice.
regards

We are the same our account was closed in 2008. It is all very confusing. Let's hope someone with lots of knowledge it out there somewhere to help us

dunstonh

So am i correct in saying that as I closed my credit card account with egg 2 years ago I have no longer any rigth to request from them a copy of the agreement .

You can still request it under a DSAR (data protection act) and if they have it then they will supply it. If they no longer have it then they will not.

There are basically three methods.

1 - complain without needing the agreement (this is the most common method as agreements are not required to complain)
2 - if account is open then use the S78 costing £1 method if you really need to see the agreement
3 - if the account is closed/debt reapid then use the £10 DSAR method.

For most people, there is no benefit of getting the agreement. Its an unnecessary cost of them.

stcyrus

The issue I have is that egg are saying that I agreed to PPI by ticking a box.
I say That I didn't and that they need to show me where I ticked this box .Their response was a word processed screen shot of a ticked box but the signature on behalf of Egg was different to the reconstructed copy they had sent me .
So in order to reclaim the PPI I need to get an authentic copy of the agreement which they now say they do not need to furnish .My arguement is that even thought the account is closed the PPI aspect is not settled .
Looks like its the FOS for me .
again thank you for your responses
regards

dunstonh

I say That I didn't and that they need to show me where I ticked this box .Their response was a word processed screen shot of a ticked box but the signature on behalf of Egg was different to the reconstructed copy they had sent me .

The reconstituted agreement would be a different signature. When I used to be involved in lending I would sign on behalf of the lender but I am no longer there. So, a reconstituted agreement would have their current signatory. That is quite normal.

So in order to reclaim the PPI I need to get an authentic copy of the agreement which they now say they do not need to furnish .

It is quite common for them to be destroyed. Or more likely filed in a non-relevant filing system that makes fining them unrealistic (i.e. in stacks of papers in no particular order in a warehouse)

My arguement is that even thought the account is closed the PPI aspect is not settled .

The problem with many complaints is the ability to prove it. It is not for the provider to prove your argument is correct. Sometimes you will get lucky and they will have the information still and it will work against them. However, the further back in time you go the more likely it is that the documentation wont be there. If no documentation exists then the provider can reject the complaint. You cant prove they are wrong. They cant prove you are right. You are deadlocked. The FOS generally works on evidence and without evidence it is difficult to rule against the firm unless the firm have shown inconsistency in their responses or have been unreliable in their information (which does happen sometimes).