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14 days gone by and still no response to my claiming £1450 the draft letter tells me to neter th name of the curt i will be going through? which court is this small claims or a local magistrates?
eg:This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the [INSERT NAME OF COURT] court will rule in my favour.
14 days gone by and still no response to my claiming £1450 the draft letter tells me to neter th name of the curt i will be going through? which court is this small claims or a local magistrates?
eg:This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the [INSERT NAME OF COURT] court will rule in my favour.
Please help
AAARGGGH
Ok firstly you need to post your questions in your thread, you will get lost in other threads and your questions will not get answered. Post in your thread exactly what you have done and i will look at it and advise you.
Ok letter from Egg dated 24 November mmm only arrived on Staurday 2 Dec sent by asmatic snail then.
I have not included the full letter.
Ref dispute Blah Blah Blah, terms and conditions Blah Blah Blah.
"If you wish to take this matter to court we suggest you seek independent legal advice." Thanks for the advice "how much is that?"
We should also point out that it is Eggs policy to terminate the account of any customer where in Eggs view the bank/customer relationship has broken down etc. Mmmm Egg how can you terminate my account I closed it Last year with a zero balance. Funny thing is that I have been able to access my Egg account details, I have just checked and now I cant also my messages seem to have vanished.
There have been recent reports in the press and elsewhere that the OFT has been contemplating legal action against certain banks and it may be that you ar eseeking to rely on such reports as grounds for your claim.
However you should be aware that the OFT has agreed (without admission by either side) to discontinue its action against Egg, and Egg has agreed to reduce its charges from £20 to £16. While this £4 reduction does not apply retrospectively, in this instance and given the circumstances we are prepared, without admission of any liability on our part, to apply such a reduction in your case. And breathe.
We are prepared to credit your account with £32 in respect of your claim.
How my account is closed ?
This offer is open until 10 Dec after which it should be considered withdrawn. No problem lba runs out 11 Dec nice timing.
I consider this whole letter to be an attempt to intimidate me, I shall of course accept the £32 as part payment but continue to seek the remainder. Response letter being drafted today.
Shelia Parker Egg
CRO
Pride Park
Derby DE99 3RS
Re: Account number xxxxxxxxxxxxxxx
Response to settlement offer.
Dear Shelia
Thank you for your letter dated 24/11/06
I respectfully decline your offer of settlement and request, once again ask that you return to me all charges imposed on this account, totalling £160 this is less the interest which will be added should this claim reach a court stage (£17.23) and court costs.
I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a county court claim if necessary.
Also I consider your letter an attempt to intimidate me, I am fully aware of the process regarding claiming unlawful charges as I am a member of the Consumer Action Group. I am also aware of recent cases against Egg and their outcome.
Your letter demonstrates your complete lack of customer care/relations, you are threatening to close my account, and it has been closed for a year with a £0 balance. You state that your charges are a genuine pre estimate therefore I again request a complete Breakdown of how you arrive at your figure of £20 now £16 for your charge fees.
My letter before action sent previously indicates that you have until 11/12/06 to respond before Court action commences. You are reminded that there will be no extension to this timescale.
I didnt think it was possible but they have, These (expletive deleted) have made me more angry. They have sent me special delivery a complete set of statements saying " as you requested" I never asked for a set of statements I asked for a complete Breakdown of how you arrive at the figure for the charges.
They have of course removed the settlement offer so now today I am filing against these idiots.
go get them livelylad, im just contemplating my SAR against the scrambled ones so it will be nice to see your outcome. I have read other threads where they do seem to play hardball against everyone. Good luck on the outcome, shame it has had to get this far for you!
Adi
Thanks
23/11/06 HSBC **SETTLED**
30/12/06 - GE Capital - **SETTLED**
30/12/06 - MBNA - charges and interest **SETTLED**
30/12/06 - Welcome Finance - Prelim sent for mis-sold PPI
go get them livelylad, im just contemplating my S.A.R - (Subject access request) against the scrambled ones so it will be nice to see your outcome. I have read other threads where they do seem to play hardball against everyone. Good luck on the outcome, shame it has had to get this far for you!
Adi
These are probably the worst for not paying claims, As I understand it they are in financial trouble. Good.
I am now minded to report Egg to the FO, I have requested a complete Breakdown of how you arrive at the level for you charges. You have of
course ignored my request the reason I am annoyed is yet again you are
failing to read my messages and letters correctly. You sent me another
set of statements this just shows to me your complete disregard for your
former customers. I did not ask for any statements your letter states '
here are the statements you asked for' I shall of course inform them of
the bully boy tactics you also use against customers that are reclaiming
the unlawful charges you have levied on their accounts. I await your
response to this matter.
And this
Once again I am in utter dismay at your customer care. You are passing my message on? sounds like a stalling tactic to me. You have again failed to answer my questions regarding my account and the charges you have UNLAWFULLY levid against it. So once again I request a complete and concise breakdown of how you arrive at the now ?16 for your charges. Also please be aware the your letter states that the reduction in the charge is not retrospective I would draw your attention to to common law and various consumer regulations, 'once a charge is deemed a penalty/punative it can not be legally enforced' As the OFT have said your charges were to high and had to be reduced this constitues a penalty. Therefore the charges can not be legally enforced. It would save Egg further costs to settle this matter now and I invite you to do so for the full amount.
As you already given your evidence to the OFT regarding your charges level I can see no reason why you will not provide me with this information. By providing this information I will be able to confirm your pre estimate is justified and withdraw my claim. Please be aware the I have today filed a county court claim against you for the full amunt including interest and court costs. I await you detailed response to me questions. Seasons greetings.
They sent this
Dear livelylad
The charges for your account being over the limit, the direct debit being unpaid or payment being received late are set and were confirmed in the terms and conditions you signed to accept.
Our decision regarding the charges is final and no further correspondence will be entered into in respect of this.
Livelylad v Egg ** WON **
yet? they seem to be the only ones who havent coughed up yet!
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