County Court Procedings by EGG

[The Lantana]

bella, when you get the agreement post it up here for review.

 

Egg agreements that I've seen are flawed and IMHO unenforceable. In particular the borrowers signature should be on the same page as the key financial terms, and there should be a note about cancellation rights - but there isn't!

 

Egg got a ccj against my brother. If I'd known then what I know now I doubt it would have happened.

 

Regards

 

Lantana

[The Lantana]

Procedure isn't my strong point bella, sadly, so I'm not sure about which letters to get writing. You should certainly see the agreement well before court, it is essential to your defence. Also, insist that they produce the original on the day.

 

What I can and will help with is unpicking the agreement, get it posted here asap.

 

Regards

 

Lantana

[The Lantana]

Bella

 

I can't read your scans, though I tried to enlarge them. However, what I have been able to see suggests you have the same two page 'agreement' as Zubo, which is good news for you and bad news for Egg.

 

Have you signed the page that has the APR, credit limit and repayment terms (the first page)? If not, how can they show you signed up to those terms - they cant.

 

In any case my understanding of the law is that the key prescribed terms must be on the signature page.

 

Is there any reference to cancellation rights on the page you signed?

 

The 'agreement' does not contain the prescribed terms and it is IMHO unenforceable. I would be very surprised if Egg's solicitors continued to prosecute this case once they realise you are aware their documentation is faulty.

 

Regards

 

Lantana

[The Lantana]

I can read them much better now thanks Bella and Diskmandave.

 

As I say I don't see how they can show you signed up to the first page, and my belief is that the law requires the prescribed terms to be on the signature page.

 

Even if we were to accept a 'two page' agreement, in this instance they have still omitted your cancellation rights - which are a prescribed term. A statement to the effrect of how you are entitled to settle the account is not the same as 'your right to cancel'.

 

The minimum they need is a piece of paper that has APR, credit limit, repayment terms AND your signature. They have a piece of paper with APR, credit limit, repayment terms BUT NOT your signature. You've signed a statement regarding your rights.

 

Egg have won in court with this agreement in the past simply because people have chosen not to defend against it.

 

With regard to actual wording of the defence I hope perhaps Laiste can drop by again, she's very experienced at that kind of thing.

 

Regards

 

Lantana

[The Lantana]

Greetings all, I hope everyone is having a nice weekend.

 

Laiste, your ears must be burning... I haven't a clue about how to actually draft the defence / counter claim as I haven't had to do one yet. Presumably we must wait until Egg's actual claim turns up then we argue point by point and add the counter claim?

 

Regards

 

Lantana

[The Lantana]

Fantastic result Bella, congratulations.

 

Regards

 

Lantana