Egg Debt - CCA Request

Scaredcat

Hello All,

So back in 2004 I took out an Egg credit card, around 2007 I got into some problems. It was passed on to DCA who I started to pay for set amount each month, and pretty much paid this without fail for 7 years or so.

So fast forward to today. It has dropped off my credit file, and I did some quick maths and think I am owed money as I may have overpaid. A number of DCA's have had my file, so it it a bit messy but the last DCA could not provide statements, had written to Barclaycard (formerly Egg) but could not get the replies required and put the account into dispute.

The latest (Robinson Way) called up, and I said to them, I want a breakdown of what I paid for the last 7 + years, along with a signed copy of the agreement. They put the account into dispute again, and I wait.

I then receive an "agreement" which has address, passwords, email addresses I would have used back in 2004 for the application, but it is not signed, has no tick box, and no T&C's. It look like a spreadsheet - not headed paper etc.

Still no statements showing what I paid, so account is in dispute still, but is the agreement sufficient for them to act on if I do or dont get the statements?

Tixy

It doesn't sound like it would count as a consumer credit agreement from what you have written.

Are the debt collectors still claiming that you owe money on the account?

If they don't send you a list of transactions on the account you could consider a subject access request under the data protection act to get all the info on the account (this does cost £10 though).

Scaredcat

Thanks Tixy. They called up after many months after I told a previous DCA that I feel I may have over paid and they need to demonstrate my payment history. They said they would talk to Egg(now Barclaycard) and until then the account would be in dispute.

I repeated this to the new DCA when they called up, I took the chance and asked for a CCA/Signature.

I had recently received a covering letter stating it is not Statue Barred (I never said it was) and that as it was applied for online it did not require a signature. I applied in Oct 2004 if that makes any difference.

They are still waiting to hear back from Egg/Barclaycard pending my payment history and the account remains in dispute.

Scaredcat

So based on this does it sound enforceable?

Tixy

If you send them a formal written request under the consumer credit act and enclose the £1 fee, then the debt is not enforceable until they have complied with your request and supplied you with a copy of the credit agreement with all the prescribed terms

The credit agreement they supply does not have to be the original one, or one with your signature - they are allowed to provide a reconstituted credit agreement.