Patricia Pearl - Small Claims Procedure - A Practical Guide


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BAILIFFS - The Law and Your Rights

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Thread: rosie&jim v egg

  1. #1
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    Default rosie&jim v egg

    Have just handed in my Allocation form to the court, as Eggicon served a defence.:o The charges were for £900, so I do hope that I will recieve a repayment.
    Does anyone know how long they have to reply after allocation is dealt with?

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  2. #2
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    Default Re: rosie&jim v egg

    Hi rosie&jim

    They may have served a defence but that's a long way from actually defending. Just follow the process, stick to your guns, do everything the court tells you to and they will cave in

    Steven

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    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

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  3. #3
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    Default Re: rosie&jim v egg

    Have got a court date for september - so I shall just enjoy my summer hols for now


  4. #4
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    Default Re: rosie&jim v egg

    Quote Originally Posted by rosie&jim View Post
    Have got a court date for september - so I shall just enjoy my summer hols for now
    Brilliant idea!

    Steven

    Using CAG Toolbar will generate much needed income - Download Here

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    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

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  5. #5
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    Default Re: rosie&jim v egg

    Rosie&Jim,

    Over the past 6 months hardly anybody needed legal form filling to achieve Eggicon refund of charges and interesticon in full. Just a letter requesting refund supported by itemised spreadsheet of unlawful charges and interest accrued from said charges. Egg would then send a template letter saying "We reduced charges down to OFT Egg guideline of £16. You say our charges are unlawful, but do not produce evidence." To which letter cardholders would reply with variants of the moc1982 letter (see Sticky: V-E Day thread). This would then lead to full refund to a delighted cardholder almost by return of post (with Egg on occasion adding 8% per annum SI even where not requested).

    Not clear by what sequence of events your run-of-the-mill reclaim for £900 triggered an Egg defence in court. On past form when Egg says they will defend they will, it is no idle threat. If you are reclaiming PPIicon then an Egg defence is expected and understandable, see Angry Cat, Yasmin, and Annalh threads. They all got charges and interest back, but AC and Yasmin are ongoing on PPI.

    So far as I can remember Egg did defend with barrister in court 4 times at least (but not since 2006), see cases in V-E Day thread: barcote, Yasmin, Angry Cat, Annalh. In the case of barcote the alleged unlawful charges were retrospectively reduced to £5, not to zero, so you can expect more aggro and LESS money refunded by going to court.

    If you did go to court then it could help your legal argument to cite as evidence of unfairness and unreasonableness the Dublin banks practice of charging no more than £3 (both accounts and credit cards) for Overlimit and Late Monthly Payment (see V-E Day thread material at the end). The comparison of Egg £16 and Dublin £3 will cause Egg such acute embarassment, that it could induce Egg to drop their defence if you indicate by letter to Egg's Head Person (Guy Harrison or Debbie ???) your intention to have this £16-v-£3 contrast read into the court Approved Judgment, which you would be free to publicize afterwards.

    GL.





  6. #6
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    Default Re: rosie&jim v egg

    Eggicon have offered me £352 out of £900 and said will send cheque in 14 days - should I refuse and ask for full amount - this claim was for charges and interesticon on loan account.


  7. #7
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    Default Re: rosie&jim v egg

    Its up to you but if you stick with it you will geta better offer than that. It depends how desperate you are for the money

    Steven

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    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

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  8. #8
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    Unhappy Re: rosie&jim v egg

    Hi, thanks for your info - it's great to hear from people, sometimes it feels lonely when you are wondering what to do for the best. Anyway, slept on it, and I have decided to wait for the court date in september, the court said that I do not need to respond to the letter. I feel after what you have informed me of the charges in Dublin, that as a matter of principle I shall go through with it! I think I will write to them anyway, explaining that I will not accept their offer, just in case they try to send me a cheque.
    Keep you posted.


  9. #9
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    Default Re: rosie&jim v egg

    Good decision, its your money go for it all.






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

  10. #10
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    Default Re: rosie&jim v egg

    You can always send a cheque back

    Steven

    Using CAG Toolbar will generate much needed income - Download Here

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    My Wins

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    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

    Please note, I will not give advice by PM. Please
    send a link
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  11. #11
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    Default Re: rosie&jim v egg

    rosie&jim,

    It is not clear how your £900 reclaim is itemised and justified.

    Inferring from observation Eggicon have followed a management policy for 6 months at least of NOT contesting charges and interesticon reclaim by letter, let alone in court. If Egg picks on this case for defence, they may have a reason related to the way you computed interest for reclaim. Egg barristers know their way round the courts, they were no stranger to courts in 2006. If Egg were to win in court on technical grounds (perish the thought), not only could it hurt you but it could discourage other claimants as well.

    Perhaps you might like to PM a Mod re the itemised construction of your interest reclaim.





  12. #12
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    Default Re: rosie&jim v egg

    I am really sorry - i have tried to find out what PM a Mod means in the abbreviations guides - would you mind telling me?


  13. #13
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    Default Re: rosie&jim v egg

    It means to send a private message. On the first page o fthe forum at the bottom there is a list of people on line. Mods have their names in green. If you click on one it will open up their profile and there is an option to send a private message.

    Steven

    Using CAG Toolbar will generate much needed income - Download Here

    Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

    My Wins

    GE Money Won unconditionally May 2007
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    Brighthouse Won unconditionally August 2007
    Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

    Please note, I will not give advice by PM. Please
    send a link
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  14. #14
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    Default Re: rosie&jim v egg

    Should all be sorted now - let us know how you get on Rosie.

    Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

    All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  15. #15
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    Default Re: rosie&jim v egg

    Hi, recieved cheque today for £435 as agreed. Thanks everyone, time for me to persue the others.


  16. #16
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    Default Re: rosie&jim v egg

    R&J

    CONGRATULATIONS
    - Well done for stickinjg in there.

    Steven

    Using CAG Toolbar will generate much needed income - Download Here

    Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

    My Wins

    GE Money Won unconditionally May 2007
    NatWest
    Won unconditionally August 2007
    Brighthouse Won unconditionally August 2007
    Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

    Please note, I will not give advice by PM. Please
    send a link
    to your thread and I will do my best to answer there.

  17. #17
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    Default Re: rosie&jim v egg

    Have you got the full amount?






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

  18. #18
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    Default Re: rosie&jim v egg

    Yes, thank you every one.



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