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.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.
Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!
Received a request for ID documents which I sent last week.
Jenny Gordon says I will have the information requested within 40 days from 24/7/06.
FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06
TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06
LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06
EGG: £451.52 SETTLED IN FULL 18/01/07
Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.
Statements etc arrived whilst I was on holiday spending other settlements!!
Prelim letter to be posted tomorrow for claim of £300.
From reading other threads I'm not expecting this to be settled this side of Christmas!!
FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06
TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06
LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06
EGG: £451.52 SETTLED IN FULL 18/01/07
Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.
lba sent today with another copy of the schedule. Don't want them to say they haven't received details of charges claimed!! ;-)
FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06
TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06
LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06
EGG: £451.52 SETTLED IN FULL 18/01/07
Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.
Egg have replied to my lba saying basically that it was my fault that I got charged as they do everything they can to take my money by insisting on having a direct debit. Also they said they had warned me how much they would charge me if I didn't pay.
I was a naughty girl on 15 occasions according to their records. At least I know that my figure of £300 (15 x £20) claimed is correct!!
I assume this is the same reply everyone else has had.
Another week to wait & I'll start proceedings through MCOL.
FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06
TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06
LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06
EGG: £451.52 SETTLED IN FULL 18/01/07
Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.
Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.
Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.
28 days was up today so at 9am this morning pressed the magic "request judgment" button! Everything went through OK.
Just got in from work & checked MCOL again. DEFENCE!!!!!!!!!!!!!!!
What a shock!!!!!
FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06
TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06
LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06
EGG: £451.52 SETTLED IN FULL 18/01/07
Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.
Received 3 copies of the defence through the post plus aq from Mansfield Court.
Also received a letter today from Egg dated 17/11/06 offering a settlement of £56 made up of 14 x £4.
Going to search the threads for a copy of Egg's defence to compare. If anyone has one posted can they point me in the right direction.
FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06
TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06
LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06
EGG: £451.52 SETTLED IN FULL 18/01/07
Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.
Ignored paltry offer from Egg & have now received notification that the case has been allocated to the small claims track.
The hearing will take place at 2pm on 4/4/07 at Mansfield county court.
Copies of all documents to be submitted no later than 18/1/07!!!
HELP!!!!!!!!!!!!!!!!!!!!! !!!!
I've never had to go this far with a claim before!!! Lots of homework to do now!!
I hope admanbo80's good fortune is going to continue to all the EGG crowd!!
FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06
TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06
LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06
EGG: £451.52 SETTLED IN FULL 18/01/07
Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.
Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.
Spent hours compiling 3 copies of the court bundle, 93 pages each plus a nice professional looking cover & index. I was going to send them off today as they have to be in by next Thursday & I'm going away for a couple of days.
I refer to the above claims in Mansfield county court.
1. We view our terms and conditions as fair and in particular the charges levied pursuant to Section 7.1 of your credit agreement (the "Agreement") with Egg Banking plc ("Egg")to be a genuine pre-estimate of loss rather than a penalty.
2. Notwithstanding our view, in the particular circumstances of your case we put forward the following settlement proposal:
(a) Without any admission of liability and on a purely commercial and ex
gratia basis we will within 14 days of your acceptance of this proposal by
return of the signed Consent Order (see paragraph (b) below) pay you
£451.79 in full and final settlement of the proceedings in Mansfield
County Court under claim number XXXXXXXX and of all claims, rights,
actions and causes of action (including claims for interest and costs) you
may have against Egg arising out of or in connection with any issue
pleaded in this case. As you will appreciate this is the full amount of your
claim against us broken down as follows:
(i) £393.51 for charges and interest as detailed in the Claim Form;
(ii) £8.28 for interest from the issue date until 20 January 2006 (96 days);
and
(iii) £50 for your legal costs.
(b) As your acceptance of the proposal you will sign and return to us the
Consent Order enclosed with this letter providing for dismissal of the
proceedings on the basis of each party bearing their own costs. Once we
have received the signed Consent Order we will lodge it at Court to bring
the proceedings to an end.
3. The above proposal will remain open for acceptance for 7 days from the date of this letter after which it will be automatically withdrawn.
4. Please can you confirm your acceptance of the above proposal by signing and returning the enclosed Consent Order.
If you have any questions on the contents of this letter, please contact me using the details listed above
Yours faithfully
John Murphy
As it's £3 more than I was expecting I will be accepting.
Interesting that they have left out the confidentiality clause!!
I have checked my letter against others received by CAG members & it seems to be identical other than the confidentiality clause. Progress?!!
Thanks to the mods & others for their help & encouragement
FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06
TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06
LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06
EGG: £451.52 SETTLED IN FULL 18/01/07
Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.
Hi kazzaw, I don't want to rain on your parade but be careful. If you sign the Consent Order, you will be signing away you Right, to ever Claim again any charges that Egg may levy on your account in the future.
[quote]
"(b) below) pay you
£451.79 in Full and final settlement of the proceedings in Mansfield county court under claim number XXXXXXXX and of all claims, rights,
actions and causes of action (including claims for interest and costs) you
may have against Egg arising out of or in connection with any issue
pleaded in this case".
Very Unfair!!! also, don't you want to reclaim your costs in preparing the Court Bundle from Egg. After all, if they had settled your Claim earlier then you would not have had the extra expense.
Not bothered about future claims against Egg as all my accounts except a savings account containing the grand sum of £3 have been closed for a while!!
Also someone else asked about claiming costs for Court bundles etc on another thread.
This cannot be done when the claim is submitted through the Small Claims Court for the same reason that you are not liable for costs if you lose.
FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06
TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06
LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06
EGG: £451.52 SETTLED IN FULL 18/01/07
Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.
KAZZAW v EGG ***WON***
on Friday for closed Egg Credit Card account.
The Consumer Forums
Reply With Quote
