EGG agreement

[sam]

1st off hi Niddy and the crew, I was an old MSE user..

Lowells have come back to me asking for full payment on my credit card agreement with EGG. I disputed the agreement because it did not have the APR on the CCA just that they would change it from time to time.
Is this enforceable?
I can scan a copy of the CCA if anyone wants a look at it as there looks look a paragraph has been removed too.

If it's enforceable can I just pay what I owe and not all the interest that has been added over the years?
I noticed looking through the statements that they had added PPI every now and then too!!

[Pixie]

Re: EGG agreement

Hi and welcome sam!

It's a bit quiet on the forum at the moment but I'm sure someone will be along to answer your question.

In the meantime, have a look at the EGG judgement thread --> viewtopic.php?f=59&t=222 and the reclaiming board.

[sam]

Re: EGG agreement

Thanks for that.
I read through that case but it's pretty much double dutch to me !!
So I hope someone can shed some light on it for me...
Lowell sent me extra t&c's too! They also sent the letter out to me on the 14/12/10 giving me 7 days to act yet I left home for the xmas break on the 23/12/10 and there was nothing here when I left!!

[swanfan]

Re: EGG agreement

Hiya sam & welcome

If you want Niddy to look at your CCA send to--> never-in-doubt@live.co.uk

Add your username & the credit card company name in the subject box.

Post here again to let Niddy know you have emailed him.

[Pixie]

Re: EGG agreement

Like Swanny says, you can email the cca to Niddy but I'm not sure that he's dealing with Egg cards (or maybe that was before the judgement) that's why I didn't suggest it earlier. Still it can't hurt to email it.

[Never-In-Doubt]

Re: EGG agreement

Hi sam

Email me and I'll check it over for you, then advise how best to respond.

Cheers

[sam]

Re: EGG agreement

Thanks everyone for the advice.

I have emailed Niddy so lets hope he can point me in the right direction.

[sam]

Re: EGG agreement

Hi sam

Email me and I'll check it over for you, then advise how best to respond.

Cheers

Did my email arive Niddy or did it get spamed as I use yahoo email?

[Never-In-Doubt]

Re: EGG agreement

It came, its also unenforceable as it uses the term "Approved Limit" - however, you'd be best reading the recent Egg case - but either way, i'd be treating this as UE and replying with this: ---> viewtopic.php?p=1503#p1503

[sam]

Re: EGG agreement

It came, its also unenforceable as it uses the term "Approved Limit" - however, you'd be best reading the recent Egg case - but either way, i'd be treating this as UE and replying with this: ---> viewtopic.php?p=1503#p1503

Thanks for that Niddy but which template letter should I use "missing prescribed terms"??

I thought the chap that took Egg to court lost his "approved limit" claim?

[Never-In-Doubt]

Re: EGG agreement

click the link in my post to see the letter! wait til it loads and it'll auto-jump to the post!!

The Egg case was lost..... however what do you want to do, pay it or blag it?

[sam]

Re: EGG agreement

I would rather blag it lol But I also don't fancy a court trip or another ccj as I only have 12 months left until they all come off.
That said it's only 2k so would they bother to run me in to court??

Sorry to be a royal pain in the asniddy but on my pc it wont auto-jump to it lol..

[Never-In-Doubt]

Re: EGG agreement

Hiya

it is template number 1 in section 2 (Part 2 - Receiving communication) found here: ---> viewtopic.php?f=65&t=641

CCA Query - Missing Prescribed Terms

Best of luck, keep us updated yea? gh

[sam]

Re: EGG agreement

Do I just send it as is Niddy as it doesn't say that the "approved limit" is my concern?

I have a HF/Barclaycard case you may help me with if your up for it? In brief they tried to take me to court with a split claim but when i submitted a defence the never responded so the case is now stayed. I got an offer of 90% off from them at xmas but I need to apply for it to be dismissed/strike out so need help with my defence n244 form.

[Never-In-Doubt]

Re: EGG agreement

Hiya

Regards to the template - you need to send it as is. Obviously check over it first and see it is all relevant. You're right, it doesn't mention approved limit - however letter templates are just that - templates! Means they suit all scenarios. Therefore the lack of the correct wording means the prescribed terms were not intact meaning you send the template I linked you to.

Regards to the HF / Barclays debt - see here for a similar story (ie claim stayed) as it will help you out: ---> viewtopic.php?f=59&t=705

Pay attention to the following point I made to transformer:

Do you understand what a stay is, legally I mean? In layman; A stay of proceedings is the stoppage of an entire case or a specific proceeding within a case. This type of stay is issued to postpone a case until a party complies with a court order or procedure.

I'd read through that thread, its not too big - and pay attention to the last 2 pages (page 5 & 6) as this is the most recent and explains in great detail what a stay is and what you do when you get one - ie nothing!! Unless of course you wish to accept their 10% repayment offer in which case you do not need to do all that! Let us know please?