ARC Credit Management/Egg/ Lack of CCC..

tressls

HELP PLEASE!!

I read these forums a few months ago regarding debt, as I am in lots of it. I was advised to ask for a copy of the CCC from ARC who have taken over my Egg Debt. After weeks of silence, I received a letter today. It says..

"Please find enclosed a copy of your statement of account. Our client is unable to locate a copy of your credit agreement at present, therefore we have attached a true copy of the Terms and Conditions as they were at the time you signed your agreement. This constitutes our legal obligation and therefore we must have an offer of payment on this account'

What does this mean? Ihave the copies of the statements and T and C's but no CCC.

The letter goes on the add -

'If however, you believe you have defence to our clients demand, please spedify the nature of that defence. In respect, we note from the account statement that you have already made payments towards the balance and therefore we must assume that you do not deny the existence of the contract wuth our client'..

Do I have a leg to stand on or shall I now make my ridiculous off of £1 per month payment (until my circ's improve as I have done with other debts)...

Thanks x

stapeley

hi, Just write back , there's a template letter available for non supply of a CCA . Basically until the CCA is produced the account is in dispute ,so no payment need to be made . You can offer to make a token payment, but until they come up with a true signed copy of the CCA, they should under the terms of the CC ACT make no efforts to enforce the alleged debt .

tressls

stapeley wrote: »

hi, Just write back , there's a template letter available for non supply of a CCA . Basically until the CCA is produced the account is in dispute ,so no payment need to be made . You can offer to make a token payment, but until they come up with a true signed copy of the CCA, they should under the terms of the CC ACT make no efforts to enforce the alleged debt .

Hi, where is this letter? Thank you very much :-)

stapeley

If you look at my thread Lets all ask for our CCA . all template letter are in there somewhere !!

stapeley

cheers again fermi !

fermi

stapeley wrote: »

cheers again fermi !

Only a quick cut and paste job, hence my warning at the bottom.

tressls: If you decide to use that letter, you may want to adjust it slightly to take account of the fact that they have admitted that Egg can't find the original agreement.

Under section 127(3) of the CCA74, a court is not permitted to make an order against you (or shouldn't) if a signed copy of the agreement containing the "prescribed terms" cannot be supplied.

So if that is they case, then ARC/Egg are doubly stuffed.

I'm sure they know this anyway.;)