Is This CCA Enforcable?

[Never-In-Doubt]

Re: Is This CCA Enforcable?

Excellent - Keep us updated and remember - worrying is bad..... ;Spank

[gonchuk]

Re: Is This CCA Enforcable?

Well, got a reply last week from AK:

RE: Egg Banking PLC : xxxxxxxxxxxxxxxxxxxxxxxxx

We refer to your recent correspondence concerning the above mentioned account with us.

Please be advised that the documentation has been requested under the Consumer Credit Act 1974

We are trying to obtain the documentation requested from the creditor Egg Banking PLC

We will be in contact upon receipt of further information

So, it's pretty obvious they know that the CCA they sent me is UE and it seems to me that they are stalling - what do they think they are going to be able to produce from Egg? ;LOL

Question is, what should I do now? Leave it and see what happens next?

Really appreciate your help on this!

[Pixie]

Re: Is This CCA Enforcable?

I'm no expert but, in my opinion, I'd just leave this for now and see what they come back with.

Like Niddy says, stop worrying! I was the world's biggest worrier when I was a newbie to all this but, really, none of it is worth the worry!

[diddlydee]

Re: Is This CCA Enforcable?

Hi Gonchuk.

As pixie has so rightly said - do nowt, certainly don't worry.
With UE, we only react when necessary; it's in their hands now to prove its enforceable, and unless they can, it's unenforceable (if you get my drift!).

These are the types of things that will require a response, to which you will be advised how to respond by Niddy:
1) providing an "agreement" (email to Niddy and update your thread)
2) making threats (legal action / visits etc)
3) selling on the debt (DCA's)
4) making demands

You will probably at some point have contact from them, or from a third party acting for them - but all of the above are covered - so you really have nothing to worry about.

If, and only if a debt is deemed to be enforceable, then you may consider some form of payment - but at the end of the day, they'll only ever get what you have to offer, and no more.

Remember, they may seem scary - but you are in control, as long as you follow procedures and do all correspondence in writing only, which you send by recorded delivery. You are not alone, we are on the journey with you !!!

DD xxx

[Never-In-Doubt]

Re: Is This CCA Enforcable?

Well, got a reply last week from AK: Question is, what should I do now? Leave it and see what happens next?

Hiya, yep you ignore them...... ;-y

[gonchuk]

Re: Is This CCA Enforcable?

Letter suitably ignored!! 2

Cheers Guys and Gals, as always! ;K7

I will keep you posted if anything else happens...

[Never-In-Doubt]

Re: Is This CCA Enforcable?

cheers y

[gonchuk]

Re: Is This CCA Enforcable?

Ok, on the 25th November I received exactly the same CSA as I received on the 28th (I've emailed the full copy to you Niddy - no missing sheets or blanked out info this time! :red ). The only difference is that there is a covering letter from Egg (the original CC) to AK.

The CCA is still UE - nothing has changed in that (that I can see). The :kermit 's!
They've given me 14 days to reply (which is this Wednesday - I've been away for a while so didn't see it sooner) - any ideas on my next move guys?

Thanks in advance!

[Never-In-Doubt]

Re: Is This CCA Enforcable?

Ok, on the 25th November I received exactly the same CSA as I received on the 28th (I've emailed the full copy to you Niddy - no missing sheets or blanked out info this time! :red ). The only difference is that there is a covering letter from Egg (the original CC) to AK.

The CCA is still UE - nothing has changed in that (that I can see). The :kermit 's!
They've given me 14 days to reply (which is this Wednesday - I've been away for a while so didn't see it sooner) - any ideas on my next move guys?

Thanks in advance!

Hiya, nothing has changed - just leave it (ie ignore them) and see what their next move is. You are relaint on the term "approved limit" which is something i'm awaiting clarity on from paul, when he gets a chance :confusing

Just ignore, for the moment.

[gonchuk]

Re: Is This CCA Enforcable?

Will do!

Just out of interest, you say that I am reliant on the term 'approved limit' for UE - doesn't the fact the signature is on a seperate sheet to the prescribed terms mean it is UE (thought I would at least make an effort and read up on your guide to unenforceability!).

Or am I missing something? Again. :red

[Never-In-Doubt]

Re: Is This CCA Enforcable?

Its linked to page 2 so no. Its purely the approved limit that you're arguing against.....

It is otherwise enforceable, so had that been barclays - it'd be enforceable. The ONLY doubt is the fact it's Egg and their incorrect usage of the appropriate terminology....

Make sense?

[gonchuk]

Re: Is This CCA Enforcable?

Hi, sorry been hectic the last few weeks - just wanted to say thanks for clarifying the situation as to the wording (although after reading and re-reading your full guide, I thought my CCA was the same as your example 'Unenfocable Credit Cards' as they are not on the same page, I can't see how they're linked as you say - is it because of the date? Sorry if I'm being ignorant!)

Anyway, I received another letter last week saying that my account was now on hold again while they try and get the requested information (I won't bother sending it). Err..they've sent me the same CSA twice already and I haven't asked for it again, yet they think I have. Me thinks they don't know what they're doing!

Hopefully I can ride this one out till June 2012 when it becomes SB - I'll just keep on ignoring them for now!

[Never-In-Doubt]

Re: Is This CCA Enforcable?

Hi, sorry been hectic the last few weeks - just wanted to say thanks for clarifying the situation as to the wording (although after reading and re-reading your full guide, I thought my CCA was the same as your example 'Unenfocable Credit Cards' as they are not on the same page, I can't see how they're linked as you say - is it because of the date? Sorry if I'm being ignorant!)

Anyway, I received another letter last week saying that my account was now on hold again while they try and get the requested information (I won't bother sending it). Err..they've sent me the same CSA twice already and I haven't asked for it again, yet they think I have. Me thinks they don't know what they're doing!

Hopefully I can ride this one out till June 2012 when it becomes SB - I'll just keep on ignoring them for now!

It is linked because it shows page 1 of 2 / page 2 of 2 etc etc!

You need to ride it out til 2012, it's not long to go now...... gh