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  • #1

    EGG FLAWED CCA/UNENFORCEABLE AGREEMENT

    Hi,

    a couple of years back i discovered on this forum that an egg credit card debt that was being pursued by a debt company maybe unenforceable due to the credtit/approved limit wording.

    So,I followed the procedure requested the original agreement etc, and turns out that my agreement was unenforceable. So after a few months of them sending strongly worded letters, and me sending back the required responses, eventually they stopped contacting me.

    Fast forward a couple of years , and i have moved adress.

    So, I have now received , from a new debt collector,a letter saying they have acquired this same debt from egg and want payment.
    So just wondering if I have to go throught the same procedure again with this new agency i.e requesting cca and all the rest of it?

    I no longer have the physical copy of the agreement, just a scanned copy of it on photobucket .

    So i would be grateful if anyone knew what steps i need to take to shake these new debt collectors off?
    Tags: account, act, action, advice, agency, arrow, barclaycard, card, cause of action, cca, cca request, cca?, collection, con, consumer, court, credit, credit card debt, debt, debt collection, egg, egg loan, firm, guidelines, letter, litigation, loan, lost, marlin, mat, niddy, oft, rockwell, solicitor, statute, statute barred, suggestions, template, unenforceable, work
  • #2
    Re: EGG FLAWED CCA/UNENFORCEABLE AGREEMENT

    Is it Marlin by any chance?

    Comment

    • #3
      Re: EGG FLAWED CCA/UNENFORCEABLE AGREEMENT

      its not marlin,no.

      Comment

      • #4
        Re: EGG FLAWED CCA/UNENFORCEABLE AGREEMENT

        Hi and welcome to the forum.

        Who is the new collector then?
        Last edited by oldyboy; 4 March 2013, 21:31.

        Comment

        • #5
          Re: EGG FLAWED CCA/UNENFORCEABLE AGREEMENT

          Rockwell??

          Comment

          • #6
            Re: EGG FLAWED CCA/UNENFORCEABLE AGREEMENT

            If it's been a couple of years just ignore this letter and see what they send next, then send for a CCA and take it from there.....

            Good luck
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            • #7
              Re: EGG FLAWED CCA/UNENFORCEABLE AGREEMENT

              Beepbeep your best bet is to post it up as a diary.

              You may find if the approved limit wording was all that made it UE back then then there was a lost court case for the consumer on this.

              Niddy may want to look at what you have again. Is you scan readable?

              Comment

              • #8
                Re: EGG FLAWED CCA/UNENFORCEABLE AGREEMENT

                Thanks NID .....again (you have helped me previously with the original situation)...can i just add that this letter they have sent says they have been instructed by egg (brittanica) and they have pre screened the debt as being suitable for ligitation in the absence of repayment...debt is now overdue, require it to be paid in full in next ten days.

                So if i ignore, what can they do after this ten days is up,will it not be too late then to send the cca??

                Comment

                • #9
                  Re: EGG FLAWED CCA/UNENFORCEABLE AGREEMENT

                  Thankyou, i am too flaky to keep up with keeping the diary HOWEVER I have taken a look on theue diary thread and spotted someone in a similar situation to myself where they were advised to send a letter template re: debt sold while in dispute - so i may follow that route

                  Originally posted by ken100464 View Post
                  Beepbeep your best bet is to post it up as a diary.

                  You may find if the approved limit wording was all that made it UE back then then there was a lost court case for the consumer on this.

                  Niddy may want to look at what you have again. Is you scan readable?

                  Comment

                  • #10
                    Re: EGG FLAWED CCA/UNENFORCEABLE AGREEMENT

                    The letter they've sent could well be, and sounds to me, like bullsh1t.
                    It tries to make you make you think they've already checked for enforceability, and I bet no they feckin haven't.

                    Here are some suggestions:

                    1. Take a look at their letter and confirm whether or not you recognise the account numbers. If you don't then I'd be sending a prove it letter. If you've looked at the related Marlin thread you'll see that these were transferred to Barclaycard and given new account numbers that no-one's heard of before. Why? it puts them on the defensive and makes them work harder.

                    2. If you recognise the numbers then I suggest starting the CCA process all over again.

                    Comment

                    • #11
                      Re: EGG FLAWED CCA/UNENFORCEABLE AGREEMENT

                      I would follow Niddy's and others advice and send a new CCA Request for sure.
                      They may well have supplied an enforceable agreement in the past but it's been sold on since then, and what matters is what they can supply NOW.

                      I had exactly the same situation, I had a full and enforceable response to my Egg Loan CCA request to Egg, but now Arrow have the account they can't so far locate the T&C's so it's deadlocked.
                      Last edited by Undercover Elsa; 5 March 2013, 07:38.

                      Comment

                      • #12
                        Re: EGG FLAWED CCA/UNENFORCEABLE AGREEMENT

                        Originally posted by Undercover Elsa View Post
                        I had exactly the same situation, I had a full and enforceable response to my Egg Loan CCA request to Egg, but now Arrow have the account they can't so far locate the T&C's so it's deadlocked.
                        That's a very good point!
                        When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


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                        • #13
                          Re: EGG FLAWED CCA/UNENFORCEABLE AGREEMENT

                          Originally posted by beepbeep2103 View Post
                          Thanks NID .....again (you have helped me previously with the original situation)...can i just add that this letter they have sent says they have been instructed by egg (brittanica) and they have pre screened the debt as being suitable for ligitation in the absence of repayment...debt is now overdue, require it to be paid in full in next ten days.

                          So if i ignore, what can they do after this ten days is up,will it not be too late then to send the cca??
                          As niddy and Elsa say, just hold off until they contact you again. Then send a CCA request.

                          What a pile of poo to suggest that they can pre screen for litigation.

                          Don't worry and just sit tight for a while

                          Comment

                          • #14
                            Re: EGG FLAWED CCA/UNENFORCEABLE AGREEMENT

                            Dear Sirs,
                            Thankyou for your letter. I have pre-screened this account for unenforceabilty.
                            I therefore enclose a CCA Request which I would be grateful if you would fail to comply with. In the absence of an agreement please respond no sooner than 6 years from accrual of cause of action to confirm that this account is Statute Barred.
                            I enclose a copy of the OFT Debt Collection Guidelines. If you have trouble understanding this please consult a solicitor.

                            ...JUST JOKING!

                            Comment

                            • #15
                              Re: EGG FLAWED CCA/UNENFORCEABLE AGREEMENT

                              Originally posted by Undercover Elsa View Post
                              Dear Sirs,
                              Thankyou for your letter. I have pre-screened this account for unenforceabilty.
                              I therefore enclose a CCA Request which I would be grateful if you would fail to comply with. In the absence of an agreement please respond no sooner than 6 years from accrual of cause of action to confirm that this account is Statute Barred.
                              I enclose a copy of the OFT Debt Collection Guidelines. If you have trouble understanding this please consult a solicitor.

                              ...JUST JOKING!
                              Why joke? Sounds very good to me!

                              Comment

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