Thread: Egg... Fantastic waste of their money !

Originally Posted by dinghy

Is this just me or have they been doing this for everyone ???

Different banks have been doing different things - they just haven't got a clue what's happening. The important thing is to keep an eye on the 40 day deadline.

Good luck.

CMDenny - you must read the FAQ's - it's all in there.

...but, it's a Data Protection Act (subject access) request.

A list of all charges made on the account - they have to provide it under the DPA as it's 'personal information' about you, and therefore you are legally entitled to it and they are legally bound not to charge more than £10 for it - as they are the data controllers that would have to be registered with the IC's office.

Finally got last year of statements !

Only got another £20 on them though unfortunately... Still... Off I go to claim them back !

Give Egg their due... They are prompt with their response...

Just recieved this from them...

Originally Posted by egg

Dear Dinghy

We have noted the announcement made by the Office of Fair Trading on 5th April 2006 regarding credit card default charges.

We are pleased that the OFT has recognised that Egg has practices in place to make it as easy as possible for customers to pay their monthly credit card bill, which includes the requirement to set up a direct debit prior to receiving an Egg Card or Egg Money card.

We have worked closely with the OFT throughout this inquiry and now intend to study closely the key principles set out in their statement.

For further information regarding our charges please go to section 7 of the Egg Card Credit Agreement - new.egg.com/visitor/0,,3_11087--View_1068,00.html

If we feel that our charges should be adjusted, this will only take effect from the date that the charges are adjusted. Therefore, I'll be unable to amend any charges you've received before this date.

Thanks for your message.

Regards

Christopher Wilson
Internet Customer Services

I have responded thus:-

Originally Posted by dinghy

without prejudice
Dear Mr Wilson,

I apreciate that you have noted the OFTs response and that you have worked closely with them throughout their investigation. The OFT did not however conclude a 'fair' charge that credit card companies could charge. They did however conclude that anything over £12 was certainly unreasonable.
This however is entirely irrelevant to my request.

As stated before I believe these charges to be a penalty and section 7 is therefore a penalty clause and thus unenforceable both under the common-law in England & Wales and also under both the Unfair Terms in Consumer Contracts Regulation and the Unfair Contract Terms Act. Since these terms are unlawful you cannot enforce them.

If in the alternative you claim that these are a 'fee' for services rendered then I personally do not believe they are proportionate as required by the Supply of Goods and Services Act. (In fact the OFT ruling clearly supports this contention)

Your swift responses in this matter thus far are apreciated and I hope that we can resolve this amicably in the near future. Can I however draw your attention to the 14 days notice stipulated in my original request (starting 04/05) which I will presume you will keeping to.
Regards

Dinghy

Hopefully this will let them know that I mean business and will just pay up !

Originally Posted by dinghy

Hopefully this will let them know that I mean business and will just pay up !

I guess not... Got this condescending reply...

Originally Posted by Egg

Dear Dinghy

The overlimit charges can't be refunded as they were applied correctly.

Your monthly statements always show an estimated interest for next month's statement. Therefore giving you an idea of how much you can spend without going over your agreed credit limit.

The charges are also in our terms and conditions regarding the charges to which you agreed at the time if your application.

Your views regarding the charges have been logged in our complaints procedure.

Thanks for your message.

Regards

Fazia Banaras
Internet Customer Services

Roll on the 14th day...

This is only for £80 !!!! Thought these xxxxxxx *********** were supposed to just roll over for small amounts like this...

Anyway... To keep anyone checking in up to date on this... lba gone today...

Originally Posted by dinghy

As previously stated I firmly believe that the regime of 'fees' which you have been applying to my account in relation to exceeding credit limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I require repayment in full of the £80 which you have charged me. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice. Once again could I request that you please furnish me with the address to which a summons should be posted if this becomes necessary.
Regards


Dinghy

Moderated - please be aware of the potential for libel action.

Originally Posted by krakan

Seems almost petty of them to fight you, considering you have specifically quoted why you find the charges unacceptable (and they should know that these are the reasons you'll quote and which'll win you the case if it went to court) - having already refunded thousands they have clearly (if not officially) agreed that we're right so why waste so much time quibbling? Christ, our time is cheaper than theirs!

It certainly does... You would think it must have cost them more in time already to investigate this than to just give me the £80 back...

Here's their latest response....

Originally Posted by Zoe Burnett @ Egg

Dear Dinghy,

I'm sorry to hear that you believe the over limit fees have been applied to your account unfairly, however, details of these charges were contained within the Egg Card terms and conditions document that you signed and accepted on completion of your appliation.

Please also be aware that as the cardholder it's your responsibility to ensure that your account remains within its limit at all times, had your balance stayed within it's limit no charges would have been applied.

In view of the nature of your grievance, I've forwarded your message onto our Customer Relations Office for further investigation. I anticipate that they'll contact you within five working days.

Thanks for your message.

Regards

Zoe Burnett
Internet Customer Services

What do we think ? 3rd time lucky ?

Originally Posted by dinghy

Dear Sirs,

For the third time of asking could you please furnish me with the correct address to serve a summons upon if, as it seems likely from your current correspondance, you fail to discuss a suitable settlement for this complaint and leave me with no option but court action.

Regards

Dinghy

Finally got an address (of some sorts) from Egg... Along with more delaying bulls@&!e...

Originally Posted by egg

Dear Dinghy

I'm sorry you feel this way, however as you exceeded your agreed credit limit, and have signed a contract with us, agreeing to all charges I'm unable to offer any sort of refund.

If you'd like to make a formal complaint, please write to our Customer Relations Office at the address below:

Customer Relations Office
Egg
Pride Park
Riverside Road
Derby
DE99 3GG

Once they've received your complaint, they'll investigate it and contact you as soon as possible.

Alternatively, please click on the link below and it'll take you to our complaints procedure online:

new.egg.com/visitor/0,,3_37155--View_162,00.html

Incase you're unaware, an official complaint has to be handled by our Customer Relations Office before the Ombudsman can be involved.

Thanks for your message.

Regards

Phil Gardner
Internet Customer Services

Not sure if this is the correct address to serve summons on (will have another scout around here when the time comes) but I guess they are at least reading part of my messages now !

Figured I'd best point out to them that I knew that this was already in the hands of their customer relations office and that I wouldn't be delayed...

Originally Posted by dinghy

Dear Sirs,

To avoid any misunderstanding, I would like to ensure that you are aware that copies of the messages sent on 4th May at 19:15 and 19 May at 14:46 have both been sent to the Customer Relations Office at the below address and I had believed that they were a party to this e-message correspondance too since you informed me in your messages of 8th May at 08:17 and 20th May at 11:59 that it was being logged in your complaints procedure and forwarded to your Customers Relations Office respectively.

As I have clearly indicated in our correspondance, whilst I understand that clauses were in the contract with regards to overlimit charges I do not believe that these clauses are legally valid and whilst a complaint to the Ombudsman may be in order at a later time I firmly believe that the courts are the correct forum to resolve an issue such as this.

Again, to avoid any misunderstandings please let me draw your attention to my final deadline for resolution of this as stated in my letter of 19th May of 14 days from said date (ie 2nd June 2006) This will have given you 28 days to resolve this dispute, in my opinion, plenty of time in which a company of your size should have satisfactorily addressed this matter especially in regards to a relatively limited sum such as this.

Regards


Dinghy

Looking back over this, it's quite amusing the responses I'm getting...

Originally Posted by Me (Prelim request)

Heard these charges are unlawful - want my money back. What's your address

Originally Posted by Them

OFT actually praised us for our procedures. Even if we decide what we were doing was unlawful we won't backdate it.

Thought that was generous of them !

Originally Posted by Me

These charges are unlawful. What's your address

Originally Posted by Them

Can't be refunded. Been applied correctly.

Originally Posted by Me (lba)

These charges are unlawful. What's your address.

Originally Posted by Them

Can't be refunded. Been applied correctly.

Originally Posted by Me

What's your address.

Originally Posted by Them

Can't be refunded. Been applied correctly.... oh and btw - Our address is... And you gotta speak to CRO first.

This one cracks me up most... I didn't even ask about the charges... Just wanted an address !

Originally Posted by Me

Poke it up your a@$!e I've sent correspondance to your CRO as have you, you ain't fobbing me off. Oh and btw these charges are unlawful.

Rarely do any of their letters actually say anything different or even seem like an actual response to what you have said...

Third time lucky for " escalation" to their Customer Relations Office ?

Originally Posted by Lauren Shaw@Egg

Dear Dinghy

Thanks for informing us of this.

I've also logged a complaint for you and escalated this to our Customer Relations Office.

Your complaint reference number is EGG/XXXXXX/2006.

Expect to hear from us again shortly.

Thanks for your message.

Regards

Lauren Shaw
Internet Customer Services

Hmmm...

Just got email through from Egg amending my T&C's increasing the APR on my account...

Connected ?

Keep Going mate- you will get there.