cca on old egg loan and F&F help

rssls13

Hello I am new to the site always been a watcher and reader.


Recently requested a CCA on account that is managed by idem (previously EGG) because it was pre 2007. They have sent through a copy but I am unsure where I stand to whether it is enforceable. I have a scanned copy in PDF format how do I upload it?


Please can someone help me


I have been quite successful on negotiating F&F on other accounts and am trying to finalise on others with Barclaycard (Link), PRA Virgin Active.

National_Debtline

Hi rssls13 and welcome to MSE,


I am afraid I can't help you with the upload, but realistically, you will need to take it to a professional advice service to look at it or even a legal advisor. The key issues are that to satisfy the CCA the agreement only has to be a true copy, which means it doesn't need to have a signature and just needs to be an accurate representation of what you would have signed.


The enforceability element comes from whether or not certain prescribed terms are in the terms and conditions of the agreement. If they are missing it could be unenforceable. Have you been making recent payments to this debt? Is it possible it is statute barred?


Laura
@natdebtline

rssls13

Hi Thanks for the reply I've been making small token payments. The CCA they sent is only a two page document with not a great deal on it. I had signed it in 2004. Sorry I don't understand statue barred

-taff

You could try putting in a complaint about PPI on it, for single premium. It won't come to you but it will come off the debt, so you'll owe less....Egg would be Canada Square Operations.
https://www.citibank.co.uk/personal/complaints-egg.do#CLICK1

rssls13

Thanks Taff think it would be a waiste of time I know I definitely didn't take any PPI

Someone on consumer action group thinks the CCA is missing prescribed terms and is not enforceable so I'm going to go on that attack by submitting very low F&F

sourcrates

rssls13 wrote: »

Thanks Taff think it would be a waiste of time I know I definitely didn't take any PPI

Someone on consumer action group thinks the CCA is missing prescribed terms and is not enforceable so I'm going to go on that attack by submitting very low F&F

Hi,

Yes any pre-April 2007 credit agreement must contain the prescribed terms applicable to that account, if they are missing, then the account would be unenforceable yes.

rssls13

What are the prescribed terms do you have an example?

These are the last few accounts I need to sort.

I've had success with
M&S credit card
Barclays current account overdrafts X 2
Halifax credit card (Akinika)
Bank of Scotland (Apex)
Tesco credit card

Last ones are Link, Pra and Idem any help with these greatly appreciated

rssls13

I have the CCA how do I upload thanks

sourcrates

rssls13 wrote: »

I have the CCA how do I upload thanks

Unfortunately new users can't upload attachments on this forum.

An example of the prescribed terms for a credit card agreement are :

(1) the interest rate applicable to the agreement,
(2) the credit limit on your account,
(3) how and when you are to make payment,
(4) how much you should pay,
(5) what will happen if you don't pay,
(6) what you should do if you are in financial difficulties,
Etc etc.

All general terms and conditions such as these must be included, otherwise any money or goods debited from the account can be treated as gifts, that are not required to be repaid.

National_Debtline

Hello again,

rssls13 wrote: »

Hi Thanks for the reply I've been making small token payments. The CCA they sent is only a two page document with not a great deal on it. I had signed it in 2004. Sorry I don't understand statue barred

I just wanted to explain what I meant by something being statute barred (it isn't something you should overly dwell on, because you have been making token payments it won't apply but I just wanted to elaborate to be clear).


There is a piece of legislation called the Limitations Act 1980 which states if there has been a 6 year block of time since a debt has fallen due, and there has been no payment, no written acknowledgement and court action started, then the debt will be known as statute barred and would be unenforceable in the county court. This won't be applicable to you because you have made token payments.


I still think you are going to need to take your agreements to a face to face organisation to establish whether or not the prescribed terms are present. Most trading standards offices won't do this anymore so your best bet is a CAB or a solicitor (but be careful as a solicitor may charge you).


Laura
@natdebtline

rssls13

Thanks Laura