Agreement Enforceability

[conar686]

I've the same problem with my Egg CC agreement, as said above;

 

1. No default statement before the sig page,

2. is on 2 pages with the sig box on the 2nd,

3. none of the pages are linked,

4. no reference to my cancellation rights,

5. the APR in the T&CS differs from that in the agreement

6. the fonts are all different on all pages.

 

Here's are the T&CS I was sent upon request

 

http://i189.photobucket.com/albums/z61/conar686/EggTC1.jpg

 

http://i189.photobucket.com/albums/z61/conar686/EggTC2.jpg

 

http://i189.photobucket.com/albums/z61/conar686/EggTC3.jpg

 

Has anyone got anywhere with Egg pointing out the common faults with their agreement.

 

I want to report them to their local TS anybody got the best one to send my complaint to?

[un1boy]

I've the same problem with my Egg CC agreement, as said above;

 

1. No default statement before the sig page,

2. is on 2 pages with the sig box on the 2nd,

3. none of the pages are linked,

4. no reference to my cancellation rights,

5. the APR in the T&CS differs from that in the agreement

6. the fonts are all different on all pages.

 

Here's are the T&CS I was sent upon request

 

http://i189.photobucket.com/albums/z61/conar686/EggTC1.jpg

 

http://i189.photobucket.com/albums/z61/conar686/EggTC2.jpg

 

http://i189.photobucket.com/albums/z61/conar686/EggTC3.jpg

 

Has anyone got anywhere with Egg pointing out the common faults with their agreement.

 

I want to report them to their local TS anybody got the best one to send my complaint to?

 

lol, i have tried to point it out to them - but the lady sent me the stuff back, stapled together, saying "as you can see, the signature doc is 2 pages as I have stapled them together"

 

She has also, apparently declined my complaint!!! As you can guess, another letter going back to her - asking for someone qualified to reply.

 

Also, the t&c's you have linked there, were you sent those seperately under a request, or were they sent with an agreement.

 

I was sent a printout of t&c's which are online, making no reference to the Prudential thing!!! hmmm...

[hisholinessthepope]

People, EGG agreements are a two sided sheet of A4. I have one that I signed from a few years ago. The only way you will know it is genuine or that the first and second page are from the same document is if you see the original.

 

Personally, I think EGG scan them to an archive system and dump the original. But I do not know for sure. I may well find out as I have stopped paying EGG on a VISA card with a large balance! If they take me to court I will be asking to see the original.

[un1boy]

Hi Pope,

 

Why have you stopped paying them?

 

I will ask them to confirm in writing whether the agreement is the same side of an a4 - they have not confirmed this though despite me sending various letters - their latest way of justifying it was by stapling the copies together and "categorically confirming" to me that it's one page - I'll ask them to illaborate on the categorical confirmation.

 

But, if we took them to court and they produced the one a4 sheet, then surely they could be told off for not supplying information that would have stopped them going to court - hope I explained that right!!

[un1boy]

Ps, did you have a nice holiday Pope?

[ian1969uk]

I suspect you are right and they haven't actually kept the originals. If this is true, though, then it's pretty stupid of them as they will have disposed of exactly what they need to enforce in court.

 

Without that original, any contention they have that the two sides are the same document will be speculation in the eyes of the court.

[un1boy]

I suspect you are right and they haven't actually kept the originals. If this is true, though, then it's pretty stupid of them as they will have disposed of exactly what they need to enforce in court.

 

Without that original, any contention they have that the two sides are the same document will be speculation in the eyes of the court.

 

I thought so - so, should I get them to admit that they don't have the original?

[ian1969uk]

You can try, but I can't see them willingly committing that to writing!

[un1boy]

You can try, but I can't see them willingly committing that to writing!

 

I agree and guess we will see - I will say to them that I require confirmation in wiritng, if not then I'll take them to court and a Judge won't be happy if they ahve concealed that information, will he?

[conar686]

UN1Boy She has also, apparently declined my complaint!!! As you can guess, another letter going back to her - asking for someone qualified to reply.

 

Also, the t&c's you have linked there, were you sent those separately under a request, or were they sent with an agreement.

 

UN

 

Egg have cut off all correspondence with me and just keep refering me to the FOS which are a waste of time, hence my Q for which was the best TS office to contact as they are the only ones who ever get action out of any of these numpties.

 

The T&Cs were sent only after they went into criminal default. I want TS or OFT to have a look at the agreement and tell me what they think.

 

Anyone got a good TS office that has dealt with Egg

[conar686]

Can I have a 2nd opinion on Nthn Rock loan Agreement

 

Even though it has a number of the rescribed terms I think, its a pre-contractual application form, it arrived with no T&Cs (referred to in document) it doesn't contain statements on if I default nor my cancellation rights so therefore is unenforceable.

 

Before I respond Have i covered everything

 

 

http://i189.photobucket.com/albums/z61/conar686/NthnRockAppl.jpg

[hisholinessthepope]

Holiday was great thanks uniboy.

 

I have stopped paying EGG on my visa account. But I found Mrs Popes credit agreement for an EGG loan thats how I know they are two sided.

 

I wrote and asked EGG if my original credit agreement was available to produce in court if required. They wrote back a very carefully worded reply that they were sending me a copy from thier microfilm store and that all original agreements were archived but could be produced in court.

 

Personally have my doubts as the copy I keeping getting is illegible and have now stopped payments. Is now a complaint with FOS.

[un1boy]

UN

 

Egg have cut off all correspondence with me and just keep refering me to the FOS which are a waste of time, hence my Q for which was the best TS office to contact as they are the only ones who ever get action out of any of these numpties.

 

The T&Cs were sent only after they went into criminal default. I want TS or OFT to have a look at the agreement and tell me what they think.

 

Anyone got a good TS office that has dealt with Egg

 

You have to use the TS office local to you, unfortunately!!

[un1boy]

Holiday was great thanks uniboy.

 

I have stopped paying EGG on my visa account. But I found Mrs Popes credit agreement for an EGG loan thats how I know they are two sided.

 

I wrote and asked EGG if my original credit agreement was available to produce in court if required. They wrote back a very carefully worded reply that they were sending me a copy from thier microfilm store and that all original agreements were archived but could be produced in court.

 

Personally have my doubts as the copy I keeping getting is illegible and have now stopped payments. Is now a complaint with FOS.

 

That's intersting - why put them on microfilm? I have been told that she has asked for copies of everything from their archives dept. It would be interesting to see if they couldn't provide it in court, because is that not fraud???

 

The FOS told me that I was liable for a credit account even though the agreeement had no prescribed terms and is unenforcable, even in court - they are a waste of time!!

[conar686]

You have to use the TS office local to you, unfortunately!!

 

UN

 

My local TS aren't that up on the CCA I find it better to use the TS that police the area their offices are located in.

 

I think I'll look out for a TS in the area of their registered offices.

[angry cat]

That will be Egg's Home Authority TS, which is based in Deby.

 

AC

[conar686]

Can I have a 2nd opinion on Nthn Rock loan Agreement

 

Even though it has a number of the rescribed terms I think, its a pre-contractual application form, it arrived with no T&Cs (referred to in document) it doesn't contain statements on if I default nor my cancellation rights so therefore is unenforceable.

 

Before I respond Have i covered everything

 

 

http://i189.photobucket.com/albums/z61/conar686/NthnRockAppl.jpg

 

*bump* anyone got an opinion for me?

[un1boy]

UN

 

My local TS aren't that up on the CCA I find it better to use the TS that police the area their offices are located in.

 

I think I'll look out for a TS in the area of their registered offices.

 

Ok, I have been told that we have to use ours - Derby TS are great though!!!

[davefirewalker]

*bump* anyone got an opinion for me?

 

just got back from my hols, and head not fully working yet.....but at first glance it looks ok. All the prescribed terms seem to be there.

 

sorry

 

 

will have a proper look later on

Dave

[maybelline]

Just working on my amendment on unenforceability of agreement, my case is listed in 3-4 wks so need to get a move on, judge appears to have allocated 10 minutes for the case but is only penalty charges so far(and S10 default removal) doesnt seem like much, when I amend how do I suggest it not being moved to fasttrack on the grounds of complicated.

[conar686]

Ok, I have been told that we have to use ours - Derby TS are great though!!!

 

Funnily enough so have I now, after having a couple of cases accepted by the area TS both have now been referred back to my local TS.

 

Is there owt going on do you think? or am I being paranoid

[razorc]

hi there , would anyone be so kind and have a look at our agreement from welcome finance if thats possible

 

link to thread - http://www.consumeractiongroup.co.uk/forum/other-institutions/114728-welcome-finance-any-1-a.html#post1141701

 

 

thanks again for your time

[adarling2006]

could someone please look over this agreement for me and if it's enforceable or not.

[adarling2006]

having difficulty uploading the agreement. try this editedbankofscotlandloanagreement.jpg - Image - Photobucket - Video and Image Hosting

[conar686]

having difficulty uploading the agreement. try this editedbankofscotlandloanagreement.jpg - Image - Photobucket - Video and Image Hosting

 

Looks 'kosher' to me. IMO it has all the prescribed terms, unless the APR calcs are out then its probably is enforceable.

 

Was the loan applied for face to face - if so I can't see a rights to cancel box, without one it could be unenforceable, also where are the T&Cs, these are equally as relevant as the agreement.

 

Also did you need the PPI, if not then you can probably get the whole thing re-calculated due to mis-selling of insurance.

 

Someone who is more an expert may be along soon or post again on

 

Consumer Credit Act Agreements