Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
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I am actually in the process of claiming back charges for 15 accounts! I am at MCOL stage with HSBC and Monument. However, Egg are being the most difficult by far and will not action my data request!
I requested my data on 24 April and I am still battling with them to get it! Mid May I sent my £10 cheque with their data application form. shortly after they returned my cheque and sent me another data application form. I returned the cheque and sent them a letter from the templates stating that if they did not send me my statements in 7 days, I would take them to court for not meeting my data request within 40 days.
Yesterday, I received a letter saying that, the 40 days doesn't start until they receive payment and ID, so they are within their rights. It also says they are dealing with my information request, but they have not yet cashed my cheque and they have not asked me to provide ID. Am I being fobbed off again??
I finally received my data on 5 July. I sent a lba letter on 6 July. they replied on 30 July saying they would not be making any refund. I sent another letter on 14 August saying they had 14 days to provide an offer before I proceed to court. They should have responded by 28 August but heard not yet. I will be sending them another letter saying they have an extra 10 days then I am going to court.
Bellacat, when you said you have reclaims for 15 accounts, I understand these to be your own 15 accounts with various companies, not you reclaiming on behalf of Egg cardholders. Your reclaim is thus no different from scores of charges and interest reclaimants successful over the past 6 months. In fact since November 2006 there has not been one single charges defeat reported.
After you threatened 7-day court action on 28JUN2007 over the non-receipt of statements, Egg did pull their finger out big time and delivered a big bundle within 7 days, so the signs were encouraging.
Egg template letters are written in code familiar to Egg Forumites, and quoted in the Forum -- one word really means another, and regulars know them. Not sure what Egg wrote, to give you the impression "they would not be making any refund". 67 cases in V-E Day thread prove Egg would and did, in many cases with speed and good grace, even courtesy. More often than not, Egg volunteered to add on unrequested 8% p.a. SI -- a gesture unheard of from other cards.
With the OFT-v-banks test case due next January, then another OFT-v-cards showdown probably unavoidable later, chances are Egg would be losing their shyness about defending in court. If you did face an Egg barrister in court you would get at most an adjudicated £11 refund, whereas out of court you would get the full £16 refund. That's if your court hearing makes it past the new obstacle course of arbitrary stays.
If diplomacy and eloquent letters work, they would be the better option. And work they have done, most often using moc1982's template letter.
If you really want to embarass Egg, you could add in an extra question, and ask Egg why they charge £16 when Dublin banks charge £3 for the same thing, and quoting the 2 Dublin T&C links in V-E thread. Chances are Egg will say, here is your £16 in full, please go away and be quiet.