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Hi All,
I'm currently in a battle with Abbey and have a pending court date in 2 weeks time.
I had an Egg credit card about 12 months ago and I know that over the past 3-4 years I had various default charges so I wrote a S.A.R - (Subject access request) to egg and got the obligatory 6 years worth of statements.
My question is:
1) Is it worth starting a new claim against them due to the OFT test case ?
2) If I do forge ahead and start a claim, a what point will it get halted due to the OFT test case ?
3) If I am led to believe correctly - Are all Credit Card claims continuing as normal ?
4) Do egg Credit Card claims get automatically settled ?
(1) I believe YES, the odds are currently in favour of c.c. hearings going ahead as intended by the Master of the Rolls. If Egg plays ball you will not need the run the obstacle course of a hearing. Up to the present Egg refunds have been 100% of unlawful charges. If the OFT eventually were to persuade the courts that Egg's £16 charge was lawful, then you would get only £4 refund on £20 charges, and none at all on £16 charges. If you do not ask now, you may never get.
(2) C.C. hearings were never intended by the Master of the Rolls to be stayed. A few opportunist cards like Barclaycard are jumping on the bandwagon to try and persuade courts to stay c.c. cases as well. Ultimately it is when a court reaches the point of allocating a hearing date and place, that c.c. hearings could, at the whim of courts and judges, be stayed. It has been like a postcode lottery. Daily reports of the Nationwide tide of stays are available on thread Sticky: Find out here if your local court is staying claims (12345 ... Last Page) ICY.
(3) At the moment c.c. stays appear to be very much in the minority. Once courts issue a stay however, word from the grapevine is that it is extremely difficult to overturn. I would guess c.c. hearing stays currently have not even reached 10% of cc hearings due, thanks to judges who behave. By rights it should be 0% because the OFT test case is about bank charges not c.c. unlawful charges which are materially different from bank overdrafts. But how do you argue with a judge?
(4) Yes, with ease and without court hearing or even N1 or MCOL -- see V-E Day thread. But that was over the past 5 months. Since 30AUG2007 however there has not been a single Egg charges refund settlement reported. It could well be that the good times for Egg claimants are over, that Egg are now rethinking their refund stance. They have not yet categorically said they will fight to the last ditch including in court, as they used to in 2006. Until Egg say so, it would be too early to give up hope of settlement before court, given Egg's previous exemplary refund behaviour, better than all other cards and banks, between say February and August 2007. The test case casts a long shadow, and with every passing day the atmosphere does NOT improve for claimants.
Action sooner would probably bring better results. GL
Thanks Mmind some good advise there. I'll probably now forge ahead and get my money back! Good news for me is that ICY has my local CC (Romford) listed as not automatically granting stays. Useful if now starting out with Egg.
Do you have any contact and address info for correspondence to egg or is it easily available on this forum?
Egg address is up there in one of the Sticky threads so titled. Should you wish to chance your luck to speed up the process, try to address it attention of Guy Harrison, a manager who dun good by claimants -- if he's still there.
Should I Start A New Egg Claim ?
and have a pending court date in 2 weeks time.
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Re: Should I Start A New Egg Claim ?
