Thanks Cerberusalert. Unfortunately I am no closer to a solution. What letter can I send that will get the Credit card companies in question, To send me a copy of my signed or unsigned original agreement if they have it? I read a whole load of posts about court action, compliance, etc but now my head is spinning. I'm a total newbie at this and also work long hours trying to pay off these bedbts - which limits my computer time. Trying to pick the bones out of what is true, and specualtion on here is not easy for someone who does not have lots of time or a legal aptitude. Regards, and thanks.

Hi there, my Egg CCA is unenforceable according to the learned views of some members on here. Would the below letter be okay to send to them? If not can someone direct / link me to a better alternative. Once again, your help is appreciated. Dear Egg Thank you for you letter dated 15th January 2009. Unfortunately egg have provided you with a copy agreement which does not comply with s61(1) of the CCA 1974 and the associated regulations and is therefore only enforceable by an order of the court by virtue of s65. However, since it does not have a term concerning the credit limit (rather, it defines an "Approved Limit" - whatever that is) as required by Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, the court would be prevented from granting such an order by virtue of s127(3). I trust you will now be in a position to reduce the balance on this account to £0 and remove any default that you have registered with any credit reference agency as required by the Data Protection Act 1984 since it is obviously incorrect as no agreement existed between me and Egg. If you refuse, I will commence court proceedings against you under s14 of the Data Protection Act 1984. I require the following action from Egg : 1. All payments made to date to Egg for this account should be refunded in full, including interest at the rate of 8% per annum. 2. Removal of all defaults (if any) enetered by Egg. Note this is to be a complete deletion and not merely an amendment. If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force (or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP. Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities. I look forward to your reply within 14 days to resolve the matter amicably. Yours faithfully

Crikey!!! As a newbie to all this, that is a little daunting...does everyone have to go through this?

sorry ALFWITHHAIR didn't mean to imply you weren't experienced with my last statement, that came out wrongly! actually meant could anyone give me a legal view rather than a speculative one. regards Dan

Thanks for that reply....but it has left me a little confused, and feeling unable to proceed. (1) How then do I get a 'true' copy of MY agreeement, if they do not have to send it! Indeed how is any of this possible if I cannot check it for enforecability? (2) If they are in default (are they, as I have asked for a true copy of my agreeement and they have not sent it?) then can they still knock my promotional rates on the head if they do find the agreement eventually? How would any of the more experienced members proceed with this please? Regards

:-)Hello to everyone on the forum, and espescially those giving help. I have a two fold query: I have 3 credit cards (all taken out circa 2005) with Halifax, Barclays, BOS all on fixed rates for the life of the balance (around 5% so decent rates compared with the normal 16ish%). I have requested CCA's with all of them and received obviously unenforecable photocopies of the terms and conditions, and nothing else. My questions are: (1) On the Halfix/BOS cards letters (the ones sent with the copies of term and conditions) it states: "Please note that the information we have provided you with is all the information we are rquired to provide you with Under Section 78 of the Consumer Credit Act. Please note that we are not required to provide a copy of the original signed agreement under Section 78 of the Consumer Credit Act." Can they do this or are they just trying it on??? (2) If I stop payment after sending another letter telling them they the debts are unenforceable, and they come up with the agreements says 3 months down the line (and the agreements are correct), I'll have to start paying the debt again....will they hold the current rates I'm on (5% as oppossed to the normal 16%). If the rates went up to 16% then they would be crippling! Any DEFINITIVE advice from those in the know would be very gratefully received. I have already donated £ to the site, as I strongly believe it needs to be kept running. Debt ruins lives! Thanks in advance.

:)Hello to everyone on the forum, and espescially those giving help. I have a two fold query: I have 3 credit cards (all taken out circa 2005) with Halifax, Barclays, BOS all on fixed rates for the life of the balance (around 5% so decent rates compared with the normal 16ish%). I have requested CCA's with all of them and received obviously unenforecable photocopies of the terms and conditions, and nothing else. My questions are: (1) On the Halfix/BOS cards letters (the ones sent with the copies of term and conditions) it states: "Please note that the information we have provided you with is all the information we are rquired to provide you with Under Section 78 of the Consumer Credit Act. Please note that we are not required to provide a copy of the original signed agreement under Section 78 of the Consumer Credit Act." Can they do this or are they just trying it on??? (2) If I stop payment after sending another letter telling them they the debts are unenforceable, and they come up with the agreements says 3 months down the line (and the agreements are correct), I'll have to start paying the debt again....will they hold the current rates I'm on (5% as oppossed to the normal 16%). If the rates went up to 16% then they would be crippling! Any DEFINITIVE advice from those in the know would be very gratefully received. I have already donated £ to the site, as I strongly beleive it needs to be kept running. Debt ruins lives! Thanks in advance.

Hello to everyone on the forum, and espescially those giving help. I have a two fold query: I have 3 credit cards (all taken out circa 2005) with Halifax, Barclays, BOS all on fixed rates for the life of the balance (around 5% so decent rates compared with the normal 16ish%). I have requested CCA's with all of them and received obviously unenforecable photocopies of the terms and conditions, and nothing else. My questions are: (1) On the Halfix/BOS cards letters (the ones sent with the copies of term and conditions) it states: "Please note that the information we have provided you with is all the information we are rquired to provide you with Under Section 78 of the Consumer Credit Act. Please note that we are not required to provide a copy of the original signed agreement under Section 78 of the Consumer Credit Act." Can they do this or are they just trying it on??? (2) If I stop payment after sending another letter telling them they the debts are unenforceable, and they come up with the agreements says 3 months down the line (and the agreements are correct), I'll have to start paying the debt again....will they hold the current rates I'm on (5% as oppossed to the normal 16%). If the rates went up to 16% then they would be crippling! Any DEFINITIVE advice from those in the know would be very gratefully received. I have already donated £ to the site, as I strongly beleive it needs to be kept running. Debt ruins lives! Thanks in advance.

Thanks very much Tex. Best of luck to you.

HI Steve, have just donated to the site - as a way saying thank you for all your advice. By your last statement am I to take it that what I said is do able, but just not cricket so to speak?

Thank you for your earlier replies Steven. A final question if i may. I currently owe £2,500 on the Egg card (the one with the unenforceable agreement) but the credit limit is £8,000. Is there anything to stop me transfering debt from my other credit card (Virgin £4000) to Egg, and then telling them it is unenforceable? I acumulated my debts through living cost whilst having two years off to recover from a head injury as opposed to being a wild spender, and so feel 'less guilty' than if I had simply frittered it away. Any further advice is welcome, and greatfully received.

Oh, and PPS do I stand any chance of getting back any monies previously paid to Egg, or am I overly optimistic? Thanks.

Crikey....thank you ever so much for that Steven! Just a couple of question if i may... (1) So it's just a simple as sending them a letter telling them this information, and stopping any payments to them? Is there a way round this for them, or is it a clear cut unenforceable agreement? (2) I know its immoral so I wont be doing it, but what is to stop people who find they have an unenforceable agreement just maxing out their card/transfering another balance over and then saying I'm not paying...what have the banks said about this. Thanks again mate, I fully intend to make a contribution to the site if this comes off. Regards Danny

Hello to everyone who has contributed to this forum and thank you for taking the time out to help others - it is greatly appreciated. I have just joined the site yesterday so please excuse me if I have posted on the wrong place as I am struggling to find my way around the site. Below is a copy of my Egg Credit Card Agreement. Can someone please tell me if it is enforceable or not. Further queries/relevant information: (1) also enclosed was a printout from the internet off the CC terms and conditions, which looks to be from their website circa 2004 by the dates mentioned. This is a separate doc entirely and has no signatures or any of my info. (2) On page two there is a tickbox 'for the return of any supporting information sent to Egg'. This is ticked. I am about 90+% certain I don't remember sending them any supporting info, and so wouldn't have ticked this box, also the tick is not in my style of writing (sounds silly but my ticks are large and sloppy not small and prescise) and there are marks (are they just folds?) on both docs...has it been doctored, and if so what can I do? (3) How do I work out the APR / Interest bit, or would anyone help me? (4) Is the credit limit bit missing or is what they have put okay? (5) Also same with the right to cancel? (6) Many thanks for any help at all - much appreciated. PAGE 1 LINK: Image of EGG CCA PAGE 1 - Photobucket - Video and Image Hosting PAGE 2 LINK: Image of EGG CCA PAGE 2 - Photobucket - Video and Image Hosting

Hello to everyone who has contributed to this forum and thank you for taking the time out to help others - it is greatly appreciated. Below is a copy of my Egg Credit Card Agreement. Can someone please tell me if it is enforceable or not. Further queries/relevant information: (1) also enclosed was a printout from the internet off the CC terms and condtions, which looks to be from their website circa 2004 by the dates mentioned. This is a seperate doc entirely and has no signatures or any of my info. (2) On page two there is a tickbox 'for the return of any supporting information sent to Egg'. This is ticked. I am about 90% certain I don't remember sending them any supporting info, and so wouldn't have ticked this box, also the tick is not in my style of writing (sounds silly but my ticks are large and sloppy not small and prescise) and there are marks (are they just folds?) on both docs...has it been doctored, and if so what can I do? (3) How do I work out the APR / Interst bit, or would anyone help me? (4) Thanks for looking. PAGE 1 LINK: Image of EGG CCA PAGE 1 - Photobucket - Video and Image Hosting PAGE 1 IMAGE: PAGE 2 LINK: Image of EGG CCA PAGE 2 - Photobucket - Video and Image Hosting PAGE 2 IMAGE: