Egg CCA

[LB145]

Sent them letter telling them that I disagree with their decision

[Honeypot]

Hi LB145

 

subbing with interest but also look at my thread -

 

'help with egg please'

 

There is some good stuff regarding DN being dodgy because of all the charges being included in the DN amounts.

 

May help...

 

Vicky

xxxx

[LB145]

Today recieved Termination letter from Egg - dated 1st Feb arrived today (2nd Class)

 

http://i713.photobucket.com/albums/ww132/Diamond40_photo/EggTerminationLetter.jpg

[seriously fed up]

So now you can await the ministrations of someone like DLC, or maybe ARC. Its a long and winding road. You have put the account in dispute, so arguably they should not be doing this - but, like that would stop them?

As a friend of mine put it - they are just following due process. Mainly because they dont have the wit to do much else. Its what they do!

[vint1954]

Today recieved Termination letter from Egg - dated 1st Feb arrived today (2nd Class)

 

http://i713.photobucket.com/albums/ww132/Diamond40_photo/EggTerminationLetter.jpg

If this account has a dodgy DN, then you know what to do.

[Scatty1985]

Can we not put the complaint to the FOS and get them to make a decision? I too have gotten the same letter today. I'll write back to them over the weekend and raise some of the points mentioned in here.

 

Is it worth me complaining to the FOS about this?

[Scatty1985]

Another couple of points I want to get advice on.

 

Egg say that under the regs certain terms can be included on a different document (ie T&C's) for instance the default charges). Is this the case?

 

They also state there is no requirement under the Regs that hte APR must be accompanied by the words "variable" if the APR is variable? However I'm sure I read that this is not the case and that the words variable MUST be included?

 

Cheers

[seriously fed up]

I think the key thing is what is said in s61

"61.—(1) A regulated agreement is not properly executed unless

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms,"

The key words here are contained (a) and embodied (b) - the prescribed terms must be contained in the sig document - ie where the prescribed terms lie, there MUST be a signature, I would suggest. Other terms can be somewhere else in the paperwork.

As for variable, I would think there is an argument here. On the other hand, they would assert, I think, that the agreement (including APRs) can be varied by giving notice.

[vint1954]

Another couple of points I want to get advice on.

 

Egg say that under the regs certain terms can be included on a different document (ie T&C's) for instance the default charges). Is this the case?

 

They also state there is no requirement under the Regs that hte APR must be accompanied by the words "variable" if the APR is variable? However I'm sure I read that this is not the case and that the words variable MUST be included?

 

Cheers

APR is one of the prescribed terms. If it is variable, it must say so in the sig doc.

[LB145]

NOT so fortunate today letter from Egg -DEFAULT NOTICE

 

http://i713.photobucket.com/albums/ww132/Diamond40_photo/EggDefaultNoticePage1of2.jpg

http://i713.photobucket.com/albums/ww132/Diamond40_photo/EggDefaultNoticePAGE2of2.jpg

 

This Default notice is dated 31st December 2009 and arrived January 8th (2nd Class) 2010 - would this then be a faulty DN - Termination letter is dated 1st Feb

[vint1954]

This Default notice is dated 31st December 2009 and arrived January 8th (2nd Class) 2010 - would this then be a faulty DN - Termination letter is dated 1st Feb

No, they have given you until the 28th to rectify.

[Scatty1985]

APR is one of the prescribed terms. If it is variable, it must say so in the sig doc.

 

I thought so, I found something in the Regs stating this, would the lack of variable, the words approved limit and that fact the document does not have the correct title be enough for it to be rendered unenforcable?

[FightToTheEnd]

my DN, letters & all dates are identical to yours, so it looks like they've gone through this identical process with a number of disputed accounts?

[LB145]

my DN, letters & all dates are identical to yours, so it looks like they've gone through this identical process with a number of disputed accounts?

 

Perhaps they will let us defend together (one big group! )

[LB145]

Received their final response letter today there are two pages the second page just states that dissatisfied then complain to FOS etc. Also if you do they will no longer discuss the matter directly with you.

 

they have taken legal advice and maintain the agreement is fully compliant etc.

 

http://i713.photobucket.com/albums/ww132/Diamond40_photo/EggFinalResponse.jpg

[FightToTheEnd]

Mine just said that my new letter had brought up no further points, so they were sticking with their opinion that it was enforcable. They would not write to me again and if I wrote to them they would just file my letters.

 

Very friendly!

[LB145]

So we'll sit back and wait!

[Honeypot]

Hi LB145

 

I was wondering if your DN arrears was made up of penalty charges and thus the amounts stated would be incorrect etc and render it invalid?

 

Vicky

xxxx

[LB145]

Hi LB145

 

I was wondering if your DN arrears was made up of penalty charges and thus the amounts stated would be incorrect etc and render it invalid?

 

Vicky

xxxx

 

The DN is for the amount with all the £12.00 charges that have been added since the account went into dispute - £12 for non payment, £12 for going over limit - as interest was still being added with charges whilst in dispute

[LB145]

Letter from Direct Legal & Collections wanting full payment immediately!

 

http://i713.photobucket.com/albums/ww132/Diamond40_photo/EggDCALetter.jpg

[LB145]

DL&C are now sending emails to contact them!

[LB145]

No, they have given you until the 28th to rectify.

 

Hi Vint -hope your well

 

What do I send to Egg now or the DCA - I will notify the FOS that I do not agree with them that the matter is closed and that there is no dispute

[vint1954]

Well it is back to the original dispute LB. That is what you have to push home until they comply with s78.

[LB145]

Thanks Vint - your a star!

[LB145]

Wrote to DL&C telling them that accountis in dispute with Egg etc.

 

Today received two lettersa from DL & C dated 1st march

 

Letter 1: "We have referred your query to our client, as they have not made them aware of any valid dispute on your account. We will hold your account in abeyance and advise you of their reply reagarding your query shortly."

 

Letter 2: "You have failed to respond to our previous letters or make payment. We are now considering further action to recover full payment of the above balance.

 

This could result in the following action:

 

1. The issue of a County Court Claim (which will increase your balance by £200)

2. A collector personally calling at your address.

 

Obviously not ignored their previous letter or they would not have replied to it???