Thread: Egg Court Hearing.

I had my Egg card cloned and some scumbag has been running round Ashford / Romney Marsh/Leyton - (places I have never been)and withdrew a grand in the space of two months - I highlighted this to egg as soon as I found out and 2 months down the line I dont have any returned cash and Egg are saying I am eligable! This is on the grounds that the amounts were £50, 100's and the normal methods of these thiefs is to withdraw as much as possible. Unfortunately it took me a couple of months to realise as the account was on line and not used frequently by myself (concentrating on paying off balance on another card first) - the minimum payment would be taken by direct debit. Egg sent me statements going back a year (on my request) and I querried a couple of other payments which were showing from last year (for several months the a.c had no availiable balance and I was concerned the card was cloned several months ago) when I asked them to look into these showing as "Barclays Woolwich" they then said I would eligable for all the debts - I since realise that this mean Barclays/Woolwich Bank and not a Barclays in Woolwich - the rest of the fraud withdrawls showing in east London and Kent. I have told Egg I only want to claim the payments which were not me, after Decemember 2006 - but they are telling me Im eligable for the entire theft!!

I have now spent hours on the phone to their awful call centres and treated like a thief - I am bashing my head against a brick wall.




I am on the final Appeal (whole thing started on 27feb when reported) with Egg and getting a triffle concerned - Any advise would be really appreciated. The last thing that they said to me was that I would be eligable to pay the theft amount in entirety even though I can provide statemtns to prove that I was not able to make the withdraws.

Cheers
PS -


The latest laugh is I have requested twice not to be called on my Home number, and on the last occasion yesterday morning I had my home number removed from the system. This is because I am at work during the day, and more importantly one of my family has been ill for some time and doesnt need to answer the phone - I get home and at 4pm one of their cretins has called the same day (home number has never been included on written letters)! I've just been on the phone again and raised another complaint

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Why are they holding you responsible? What are their legal grounds? We need to know more.

Ok, understand that I am not a legal expert here or anything like that, but it seems to me that the only thing that could give them justification to pin the charges on you is the length of time it took you to notify them.

The fact that it wasn't £300 each time, or that the transactions look like your normal card usage seem ridiculous, and I doubt that it would be a valid legal argument.

Certainly, without all the facts, it seems ludicrous... How did Working Lunch get involved?

God I love these things. All banks and CC companies fracture laws on a daily basis, but with the break them and jump over the pieces I just can't resist giving them a good left hook.....followed by a right!

Send this Special delivery - next dat before 9am. I know it costs but you need to push this big style.

Assuming the details are correct, send the letter below - alter it as required:

Date

ADDRESS

Dear sirs,

RE: Account Number

Despite numerous telephone calls between myself and your call centres, I am unable to accept the responses tendered and now request a formal written reply. You may give your reply as 'final response deadlock letter' if you wish.

On {DATE} I noted that various amounts had been debited from my account to which I had no knowledge of. Upon further inspection of my online only account I noted multi debits to which I can unequivocally confirm I was neither part, nor have given authority to any third party to act on. I can further unequivocally confirm that I have never released my card or PIN to any third party or negligently place the same in such a situation that would allow a third party to gain access.

I am somewhat alarmed that dispite my attmepts to full co-operate with you and assist in your investiagions you seem determined to hold me perosnally liable for the losses suffered. I understand it is your position that your refusal to treat this matter as a theft or fraud is based on your sole opinion that the 'modus operandi' of the offended does not match the pattern you would 'expect'. please confirm your position on this matter.

I note that the contract between us limits my maximum liability to you should unauthorised account activity be of a fraudulent nature. Given my statement of truth in paragraph two, please provide details of the investigation you have conducted to support your current position, and furthermore that you intend to hold me fully liable for the whole of the loss, which amounts to {£xxxx.xx}.

Should you fail to furnish me with a satisfactory response within 14 days I shall make a formal complant to the banking Ombudsman regarding this matter, or in the alternaitve issues legal proceedings or both. I shall also refer this matter to trading standard, the Office of Fair Trade and the Media.

In an proceedings I reserve a right to produce a copy of the letter and will rely upon all correpsondence as to evidence.

Finally, given the gravity of the situation and to save as to any potential doubt, I shall only communicate on this matter by written correspondence.

I look forward to your reply.

Yours faithfully,

The above letter seem straight forward, but is very 'loaded' and tells them you mean business. When inviting them, for example, if reply as a 'deadlock letter if they wish' you are saying you not going to act, tell me so than I can take this to the next stage. eg - I'm not going to put up with your nonscence and I know my rights! The second paragraph is a sttement that you took all reasonable care of the cards and PIN and by using the word 'unequivocally' you are stating it would not be possible and is seen as an coded way of say if this goes to court, this is what I will say under oath - eg you didn't know about the theft and you didn't authorise it and you took care of the card and PIN.

I'd take no crap. They are tresting you very badly. You can't even report this to the police as and crime has been committed against Egg, not you. If it is theft they should have reported this to the police, if they suspect you are telling porkies eg committing Fraud they should have reported that to the police. The fact is they are trying to get out of their responsbilities.

Send the letter to:

The Cheif Executive
Egg Bank plc
1 Waterhouse Square
138-142 Holborn
London
EC1N 2NA

Remember special next day delivery!

Hi-after 2 months The Head of the Fraud team, Jim Winters from Egg called me yesterday and after 2 calls totaling around 40 minutes he has agreed to refund £1060 (inc interest rate and overlimit charges).

He has offered some form of apology compensation, enquiring whether I drink wine (i dont drink, and dont want chocs) - I said I would think about it "though a hundred pounds wouldnt be amiss".

My Question: Do you think I should ask for more - I have spent around 6 hours+ on the phone, been called a theif, have to write 4 long letters to egg. I have had to take the advise of my Dad's financial advisor (who I will owe a meal as thanks), had to contact the BBC Working Lunch(THE REAL REASON I SUSPECT THAT THEY CHANGED THEIR RULLING, certainly Eggs Press Department have been mentioned), due to the concern over the thousand pounds I have also not been able to book my holiday and the flights have gone up by around £100.

Your advise is appreciated, I expect a call on Friday and would like know what you think I should ask for. At the moment I am thinking of outlining everthing I have mentioned above (and on other threads) and detailing the cash equivalents that I have spent. If Im offered a hundred I will reply "after speaking with financial advisor* this seems low, and I have reappraised this"

*this has been told to me

DON'T DO THINGS BY PHONE!!!

I can't do ti now, but I'll write you another letter later for you to send to him. Put the ball back in his court, on your terms and let Egg do the running!

Please do not post the same query twice. You have posted on your Egg thread, it will get seen there. By double posting, you are creating more work, and you might miss interesting answers.

Sorry, I didn't get back you before - I was suddenly swamped by an action I thought was going to drag out some more.

To be honest, I'd wait and see if they reply tothe first letter. I'd get an address or habd delivery a letter to Egg addressed to there head of fraud:

Dear sirs,

I write in relation to your recent telehpone call regarding from and my correspondent of (date you sent first letter), a copy of which is attached hereto.

I am pleased by your apparent decision to treat this matter in a correct manner. I do not however feel that such a matter can be resolved informally and as such must request your formal response to the attached.

Following your response and subject to my acceptance thereof, I will then be willing to discuss resolution of this matter which I beleive must include a element of compensatory restitution to myself.

I must reiterate, as previously stated, although I am eager to co-operate with your investigations, given the gravity of the situation and to save as to any potential doubt, I shall only communicate on this matter by written correspondence.

Yours faithfully

This should clarify the matter. Don't forget, what they have said isn't worth a bean, get it in writting - insit on it! Oh, and don't forget to include a copy of the first letter you sent a few days ago.