Egg Credit Agreements-what do i think is wrong with them

[Reader]

Subbing

[intree]

Egg are still being investigated by the FOS, However 5 weeks ago I sent them a Subject Access Request and also £10.00, they have responded back today

They have sent a credit agreement, a termination letter and a print out (as below) which I found all jumbled up amongst non relevant documents, so they never issued a Default notice when they terminated the account, any advice to assist is much appreciated.


The agreement is date Dec 2000 and consists of just 2 pages with T&C's on a4 printed paper, not part of the document just like the ones posted on this forum from other caggers dated 2002 etc.Egg are still being investigated by the FOS, However 5 weeks ago I sent them a Subject Access Request and also £10.00, they have responded back today

They have sent a credit agreement, a termination letter and a print out, which I found all jumbled up amongst non relevant documents, so they also never issued a Default notice when they terminated the account, any advice to assist is much appreciated.

Attachment 9555

[basa48]

PT:

Do you have any news of the damages case and can you give any idea when details of the case can be published??

[cds]

Originally Posted by basa48

PT:

Do you have any news of the damages case and can you give any idea when details of the case can be published??

bump

[Redfish]

Originally Posted by basa48

No I don't think they did, but unfortunately IMO that agreememnt appears to enforceable.

Is it? I see two points that seem to question the enforceability:

1. There seems to be no total cost of credit stated
2. The agreement refers to clauses 10, 6, 7, 8, 9 of the personal loan agreement Terms and Conditions which are not contained in the agreement...all T&Cs should be contained within the double sided agreement and they aren't here.

I'm new to this...willing to stand corrected...but this seems to be what I've read around.

[lexis200]

Originally Posted by Redfish

Is it? I see two points that seem to question the enforceability:

1. There seems to be no total cost of credit stated
2. The agreement refers to clauses 10, 6, 7, 8, 9 of the personal loan agreement Terms and Conditions which are not contained in the agreement...all T&Cs should be contained within the double sided agreement and they aren't here.

I'm new to this...willing to stand corrected...but this seems to be what I've read around.

I don't know about the first bit, but as long as the clauses they refer to are actually in the terms you would have (probably, possibly) been given at the time the account was opened, I think this is ok.

They only have to have the prescribed terms on the signature document. Other ones that are needed can be referenced but written elsewhere AFAIK

Lexis

[basa48]

Originally Posted by lexis200

I don't know about the first bit, but as long as the clauses they refer to are actually in the terms you would have (probably, possibly) been given at the time the account was opened, I think this is ok.

They only have to have the prescribed terms on the signature document. Other ones that are needed can be referenced but written elsewhere AFAIK

Lexis

That would be my understanding also.

[pt2537]

Originally Posted by basa48

PT:

Do you have any news of the damages case and can you give any idea when details of the case can be published??

Sorry guys, ive been busy with work, we have a further case management conference this week with the damages issue,

we do have a number of other cases which have been issued within the court.

For the avoidance of doubt. if any one needs legal advice, then i would advise that the opinion of counsel is sought just as we do this will give you a second persons view and may pick up issues which you could have missed.

im afraid that i cannot assist further until i am able to post the transcript of the hearing as there are certain people out there who seem perversely hell bent on causing me problems in my working life so until i can post the fully transcribed judgment i have to take a step back.

however once i have the judgment transcribed, i shall be posting it on here and the person in question will be approached to appologise

[Mightyacorn]

Originally Posted by pt2537

however once i have the judgment transcribed, i shall be posting it on here and the person in question will be approached to appologise

Publicly I hope.

[Abby25]

Hi there PT,

May I send you a quick PM if you're not too busy?

Or, would you prefer me start a thread, and give you the link for you to advise that way?

Many thanks
Love
Abs xx

[TridentXV]

Hi,

Would somone be able to cast their eyes over my Egg credit card agreement and tell me if it is enforceable or not?

From everything I have read I dont think it is, but would like to know for sure?!

I really appreciate your assistance and comments!

Thanks,

[Capricorn1601]

You might want to re-edit your upload and remove your personal details

[Capricorn1601]

PS, I'm not expert but after reading this thread this is the usual non-enforceable agreement. It does not contain the prescribed terms ie Credit limit.

There are plenty of these 2002 agreements and similar around which we are awaiting the outcome of PT's final comments to go for the throat with Egg.

[basa48]

Originally Posted by TridentXV

Hi,

Would somone be able to cast their eyes over my Egg credit card agreement and tell me if it is enforceable or not?

From everything I have read I dont think it is, but would like to know for sure?!

I really appreciate your assistance and comments!

Thanks,

First off I would urgently remove your personal details from the scanned files posted, (apart from your name you can quite easily read the account number) - very useful to identity thieves but even more useful perhaps to Egg who read these forums!

Apart from that yours is the typical Egg CC agreement which it is believed has
been proven unenforceable for a number of reasons including: 'approved'/'individual' limit instead of 'credit' limit; there is no interest rate for cash advances; there is no mention of default charges and the statement regarding variations in APR is mis-quoted.

You should (if you haven't already) read ALL this thread.

[basa48]

Originally Posted by pt2537

Sorry guys, ive been busy with work, we have a further case management conference this week with the damages issue,

we do have a number of other cases which have been issued within the court.

For the avoidance of doubt. if any one needs legal advice, then i would advise that the opinion of counsel is sought just as we do this will give you a second persons view and may pick up issues which you could have missed.

im afraid that i cannot assist further until i am able to post the transcript of the hearing as there are certain people out there who seem perversely hell bent on causing me problems in my working life so until i can post the fully transcribed judgment i have to take a step back.

however once i have the judgment transcribed, i shall be posting it on here and the person in question will be approached to appologise

I feel I may be rapidly approaching the point where I need good legal representation. Egg have DN'd me and threatened legal action. I don't want to be caught with my pants down.

I have approached a consumer credit solicitor but they want mucho dosh up front to deal with it. I have no money (obviously)

Anyone know of any good 'no win no fee' solicitors in the Manchester / Cheshire area ??

[cleo4patra]

Originally Posted by basa48

I feel I may be rapidly approaching the point where I need good legal representation. Egg have DN'd me and threatened legal action. I don't want to be caught with my pants down.

I have approached a consumer credit solicitor but they want mucho dosh up front to deal with it. I have no money (obviously)

Anyone know of any good 'no win no fee' solicitors in the Manchester / Cheshire area ??

Hi FYI - Egg did this to me - DN and then terminated - then passed on to DCA. My agreement is the 2002 "approved limit" kind

I had written to Egg after DN offering them £150 month - they ignored this and passed on to DCA. I wrote regarding possible unenforceability of agrement/approved limit etc etc - then out of the blue (just after PT's post on Egg agreements on this site) I got a letter from the DCA saying they would accept my offer of £50 month - what offer ? and what a reduction. I wrote again saying problem with agreement and that should never have been passed on etc etc and still waiting outcome - perhaps they know they are on a loser??

[basa48]

Originally Posted by cleo4patra

Hi FYI - Egg did this to me - DN and then terminated - then passed on to DCA. My agreement is the 2002 "approved limit" kind

I had written to Egg after DN offering them £150 month - they ignored this and passed on to DCA. I wrote regarding possible unenforceability of agrement/approved limit etc etc - then out of the blue (just after PT's post on Egg agreements on this site) I got a letter from the DCA saying they would accept my offer of £50 month - what offer ? and what a reduction. I wrote again saying problem with agreement and that should never have been passed on etc etc and still waiting outcome - perhaps they know they are on a loser??

OK thanks for that encouragement ... my agreement is circa 2002 'approved limit' type and my DN expires early July. They have sent a legal action pending letter, but the termination they reckon will come after the DN expires .. so a little time to go yet!!

No DCA action .. yet. I also 'reminded' Egg a while back of the 'termination' letter they sent me. No reply to that one!!

Oh .. I did offer a very small F&F sum, which they have also ignored (not surprisingly) !!

[alisindebt]

Just to update this thread, the agreement that I copied on here is unenforceable for several reasons. It does not specify the charge for credit as a separate item and it does not include a signed copy of any additional terms and conditions referred to, plus as a secondary issue, it does not give a colling off period of 14 days. CapQuest accept that it is unenforaceable and have written to me admitting so and they cannot collect on the debt.

Equally, I had a second loan direct with Egg and the same applies to that one.

Even better, a credit card from Egg/MBNA which was sold on to Lowell's debt collectors, the outstanding balance was a little over 10 thousand pounds, there is no copy credit agreement available as they did not keep records for so long and Lowell's have just written it all off.

So to anyone reading out there, if you think your agreement is wrong, dispute it. for those people saying that they "think" an agreement is enforceable, please only say this if you are sure. several people said that my agreement "looked" enforceable to them and this was clearly not the case. had I listened to them i may have caved in and aid up!

[alisindebt]

Just to update this thread, the agreement that I copied on here is unenforceable for several reasons. It does not specify the charge for credit as a separate item and it does not include a signed copy of any additional terms and conditions referred to, plus as a secondary issue, it does not give a colling off period of 14 days. CapQuest accept that it is unenforaceable and have written to me admitting so and they cannot collect on the debt.

Equally, I had a second loan direct with Egg and the same applies to that one.

Even better, a credit card from Egg/MBNA which was sold on to Lowell's debt collectors, the outstanding balance was a little over 10 thousand pounds, there is no copy credit agreement available as they did not keep records for so long and Lowell's have just written it all off.

So to anyone reading out there, if you think your agreement is wrong, dispute it. for those people saying that they "think" an agreement is enforceable, please only say this if you are sure. several people said that my agreement "looked" enforceable to them and this was clearly not the case. had I listened to them i may have caved in and aid up!

[Capricorn1601]

well done al, persistance paid off.