I suggest that you reply to the counterclaim.
Where the counterclaim says that if the court finds that the charges are unenforceable, then Egg claim the actual costs of the contractual breach, you should admit this. They are quite right. This is what the charge should be. It should be the actual cost. Of course we all know that the actual cost is minimal - probably less than a £1.00
Therefore you should admit this part of their claim and require that they prove their actual costs.
Quote:
| Reply to defence and counterclaim
Reply to defence
The claimant repeats and confirms the particulars of claim
Reply to Counterclaim
Paragraph 8 of the defendants defence and counterclaim is admitted. The Claimant agrees that he is obliged to reimburse the defendant their actual costs incurred by the Claimant’s breach of contract. (This has always been the claimant’s position
The Claimant requests that the defendant makes full standard disclosure in order to allow the court to assess their true costs – as the defendant has requested in their counterclaim.
Paragraph 9 – it is not admitted that the defendant is entitled to counterclaim the sum stated or other sum.
The claimant will put the defendant to proof as to the basis of any amount claimed.
Statement of truth
|
The para. 9 part relates to any other amount that Egg list in their counterclaim. (You wil have to change the paragraph numbers to suit your situation. Also you will have to modify my suggested response as well
Do not pm me on this please. If you have received a counterclaim then quote it in a post in your thread and pm me with a link top it.
Don't worry about Egg's counterclaim. They are being naiive.
They would never dare produce evidence of the true costs of their charges - just like the other banks, this would be a disaster for them
Has Egg counterclaimed against you? Don't worry 
