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.
I have received a letter from Egg where they state that they have recently had a first court trial and that they have been awarded costs and claim was dismissed.
I know that the important thing to remember is that this case may have been different to ours, for example they mention that there was a counterclaim.
It does not stop me whatsoever. I thought; shall I worry? And I have decided that I'll better finish what I've started.
One question though; Egg says that they have been awarded costs of attending the hearing and court fees. I thought that in a small claims track you do not have to bear the other party's costs if you loose. And what about the costs of attending the hearing? I've never heard about it before.
Ask them what case and where you can find a report/transcipt of it. I'd be very interested in reading that. They can't have been awarded costs if it was small claims,
P.
Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.
MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06
Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06
Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.
Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Well what's the point of them quoting a supposed case unless they tell you which case they are talking about!
What a waste of paper!
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
I posted this in here because people don't often look in on our fairly small Egg forum. As you can see, waynedear tried to find out the details of these mysterious court case but was fobbed off by the DPA. But hey, Egg are rotten and slimy to deal with and they must think we are soft in the head.
If Egg are indeed using the Annalh case to deter their cusomers from claiming, then
at the very least their claim is misleading, since it implies that the case was heard
and they won on the merits of their argument, rather than by default.
On the other hand it is encouraging to see them prepared to turn up. Whether they
would actually enter the Court if the claimant turned up as well remains to be seen.
However if they are willing to argue their case in Court, so much the better. I am
surprised that other banks haven't got wind of it, and tried to advise them against it.
This needs posting in the Egg thread too if you haven't already done so as I'm sure their are Egg claiments who need to know this info.
Well, if they are so confident about winning, lets see what they do when somebody actually does turn up!, Egg were well down my list but I might just elevate them a bit now!!!!
janquinny; it has been posted in the Egg forum. It appears now to be their latest template-wonder.
One question remains; can the case in county court be covered by Data Protection Act? I was under the impression that at least the names and summary of verdicts are a matter of public knowledge.
With the misleading statements, make damn sure to include that letter in your bundle when you make your claim, and get the full details of the relevant case. This should certainly stave off many lines of defence that Egg will try. It hopefully will not be covered by the "without prejudice" tag, since they are deliberately misleading you into accepting a discount in the charges, thus it cannot be considered a "good-faith attempt at settlement" by anyone from this planet.
Egg claims successful hearing!
where they state that they have recently had a first court trial and that they have been awarded costs and claim was dismissed
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