Egg Card CCA

[SKitten76]

Hi, I've been advised to check on here if the document I received from PRA after a CCA request is compliant. Someone has told me the Egg card use of approved limit is non compliant? Please could someone advise? The Egg card was opened in 2004 and subsequently taken over by Barclaycard, the address on the Barclaycard section is my current address, not the address at the time it was taken over by Barclaycard, not sure if that is relevant or not. I'm also not sure how to upload the document though?


Thanks

[echat11]

Hi Skitten76

Welcome to LB

More then likely what you have received is non-compliant because of the age of the account.

'The Egg card was opened in 2004 and subsequently taken over by Barclaycard'

So what they should send you is an Egg agreement, there should be no mention of Barclaycard on the agreement.
It should have all the 'prescribed terms', i.e. APR, etc. It should have your address at the time the agreement was
taken out with Egg.

As stated above it's non compliant. So they can ask you for monies, but can't take the matter through the Courts.

Write back:-

'Thank you for your letter of XX/XX/XX.

Thank you for the copy of the agreement provided.

The agreement does not comply with the Consumer Credit Act 1974 and as such is 'unenforceable'.
The Financial Conduct Authority clearly states that Creditors shouldn't 'mis-lead' customers by stating that an account is enforceable, when it isn't.

I look forward to hearing from you.'

Update when they respond.

[SKitten76]

Thanks, yes sorry, the first part of the reconstituted agreement is from Egg, with the correct address on, but they seem to have appended the Barclaycard terms on the end, with my current address after all of the Egg terms. The egg section contains the term approved limit which someone told me was not compliant

[echat11]

Thanks, yes sorry, the first part of the reconstituted agreement is from Egg, with the correct address on, but they seem to have appended the Barclaycard terms on the end, with my current address after all of the Egg terms. The egg section contains the term approved limit which someone told me was not compliant

The Terms and Conditions should be Egg Terms and Conditions.

Then if Barclaycard took over the agreement and a 'variation' in the 'prescribed terms' i.e. APR etc and conditions took place, then they should also provide a copy of them.

It's non-compliant.

[SKitten76]

Thanks! So I don't need to state why or how its non compliant, just tell them it Is not? Perfect thanks, I will contact them and update when they reply.

[echat11]

Thanks! So I don't need to state why or how its non compliant, just tell them it Is not? Perfect thanks, I will contact them and update when they reply.

They should know what is compliant and isn't, what they've sent isn't.

In car terms, they provided a 'cut and shut'.

They will come back with some sort of 'nonsense', just be prepared for it.

[SKitten76]

They should know what is compliant and isn't, what they've sent isn't.

In car terms, they provided a 'cut and shut'.

They will come back with some sort of 'nonsense', just be prepared for it.

This is their response:

I write in response to your query received on 11 July 2025. You requested documentation to satisfy a
Consumer Credit Act (“CCA”) section 77/78 request and have stated some concerns with the
documentation provided.
Response
While looking into your request, I reviewed the information available on the account and have
provided these details for you below.

Client: Barclays Bank UK PLC
Product: Barclaycard, Credit Card
Account opened: 28 June 2004
Last payment date: 2 August 2024
Last payment amount: £450.00
Default date: 30 January 2025
Default amount: £10,133.95
Purchase date: 17 February 2025
Purchase balance: £10,133.95

As you can see from the above information, the account was opened on 28 June 2004. Prior to
default, the last payment received by Barclays Bank UK PLC was on 2 August 2024 for £450.00. The
account defaulted on 30 January 2025 with a balance of £10,133.95. PRA Group then purchased it
on 17 February 2025, with the same balance outstanding.

I understand from your correspondence that you believe the agreement previously provided does not
comply with the Consumer Credit Act 1974 (CCA), and as a result you believe your account should
be unenforceable.

Having reviewed the agreement we previously provided to you, I can confirm that it fulfils the
requirements of a ‘true copy’ of the original, and as such I cannot agree with your assertion that the
provided documentation does not comply with the CCA 1974.

I note that it was a Reconstituted agreement Inc Historic and Varied Terms and Conditions (T&C’s).
This means that, as per the cover letter, that your agreement contains ‘Short form cancellation’,
‘Historic terms and conditions’, as well as ‘Varied terms and conditions’.

Without further details about what within the agreement you specifically object to, I am unable to
provide much more than general information about the nature of reconstituted agreements.

As you have mentioned, the standards and requirements for Reconstituted Agreements are laid out in
the Consumer Credit Act (CCA) 1974, and are regulated by the Financial Conduct Authority (“FCA”).
As Barclaycard are also regulated by the FCA, (FSR number: 759676), the process they use to
reconstitute their agreements must meet all the regulatory requirements as to be considered a ‘true
copy’ of the original.

Whilst the FCA guidelines advise that the copy of the executed agreement should be a ‘true copy’ of
the original, to be clear, this does not necessarily mean an exact copy of the signed agreement.
There is no obligation to provide a copy which includes the signature. Furthermore, a firm can
reconstitute a copy by re-populating a template of the relevant agreement form with the details of the
specific agreement from its records. With that in mind, please be assured that the process Barclays
use to reconstitute their agreements fulfils all the criteria necessary to comply with the Consumer
Credit Act 1974.

Based on the above, and having considered all available information, I am satisfied that the
previously provided agreement complies with the CCA 1974 and as a result the account for which you
are liable is enforceable, and remains outstanding and payable to us

[echat11]

As per post (4).

'The Terms and Conditions should be Egg Terms and Conditions.

Then if Barclaycard took over the agreement and a 'variation' in the 'prescribed terms' i.e. APR etc and conditions took place, then they should also provide a copy of them.

It's non-compliant.'

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

[SKitten76]

I am going back and forth with PRA - they still maintain this is enforcable are they correct? The Barclaycard section is just standard terms, its all sent in one document, it does not state variation, just this agreement is made between Barclaycard and myself - at my current address and not the address I was at the time Egg was taken over by Barclaycard. There is no date on the Barclaycard section at all. There is a covering letter from Barclaycard that states
"I enclose a reconstituted copy of your credit agreement together with a copy of the terms of your credit agreement as varied in accordance with Section 82(1) of the Act. This is a statement of the terms of your agreement with us and incorporates any variations to the terms made since you entered into this agreement."

PRA state:
As you can see from the above details, your Barclaycard account was opened on 28th June 2004 and
defaulted on 30th January 2025 with an outstanding balance of £10,133.95. They then sold the
account to PRA Group on 17th February 2025 with the same balance remaining.

Having reviewed the Reconstituted Agreement, I’d refer you to section 1.3 which states;
“this Agreement means the Egg Card Agreement and these conditions as varied by us from time to
time.”
“we,us,our means Egg Banking plc of 1 Waterhouse Square, 138-142 Holborn, London EC1N 2NA,
and any business or other person we transfer any or all our rights and responsibilities to under this
Agreement.”
The reconstituted agreement confirms the interest rates which would be charged on any outstanding
balance on the credit card.

To be clear, the Financial Conduct Authority (“FCA”) guidelines advise that the copy of the executed
agreement should be a ‘true copy’ of the original. This does not necessarily mean an exact copy of
the signed agreement. There is no obligation to provide a copy which includes the signature.
Furthermore, a firm can reconstitute a copy by re-populating a template of the relevant agreement
form with the details of the specific agreement from its records.

Considering the above, I am satisfied that the Reconstituted Agreement provided is considered
enforceable. To be clear, only a court has jurisdiction to determine enforceability. It is, of course, your
right to seek such a decision should you wish to do so. However, until then, we shall continue to hold
the view that the Reconstituted Agreement is enforceable.

[echat11]

The only thing they are correct on is that only a Court can determine whether what Barclaycard has 'Reconstructed' is acceptable.

But what they have 'Reconstructed' is 'ridiculous'. Barclaycard weren't even in the 'picture' when you took out the agreement.

So 'hold' on to the paperwork they sent. They can contact you for the 'monies' without 'harassing you, but see if they are
prepared to take you to Court. If they do 'update' the thread.

Note they invited you to do something, but they didn't say they would be prepared to do something to prove it's 'enforceability'.

[SKitten76]

The only thing they are correct on is that only a Court can determine whether what Barclaycard has 'Reconstructed' is acceptable.

But what they have 'Reconstructed' is 'ridiculous'. Barclaycard weren't even in the 'picture' when you took out the agreement.

So 'hold' on to the paperwork they sent. They can contact you for the 'monies' without 'harassing you, but see if they are
prepared to take you to Court. If they do 'update' the thread.

Note they invited you to do something, but they didn't say they would be prepared to do something to prove it's 'enforceability'.

Thanks.

I find it all so confusing, they seem adamant that because the first section is the Egg T&Cs and then they have just appended the Barclaycard bit on the end under 'varied terms', that it is correct. Do I tell them this is what I think or just let them take it further? They sent me a letter before action previously, so do seem committed to taking further action.

[echat11]

Thanks.

I find it all so confusing, they seem adamant that because the first section is the Egg T&Cs and then they have just appended the Barclaycard bit on the end under 'varied terms', that it is correct. Do I tell them this is what I think or just let them take it further? They sent me a letter before action previously, so do seem committed to taking further action.

If they are confident in their 'Reconstructed' agreement then they would back up their LBA, by filing a Court Claim.
To date they haven't proceeded. If they file a Court claim you Defend it. Update the thread.