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.
HALIFAX 30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95 HALIFAX 2nd claim 5th Mar - 16th Apr - Success in claiming £176
EGG (3 accounts)
20th Jan 07 - SAR posted
17th Mar 07 - Paperwork received - bits missing
19th Mar - Non-compliance for missing bits posted
9th Apr - ICO complaint filed
BARCLAYCARD
20th Jan 07 - SAR posted
21st Mar - Statements received
23rd Mar - Prelim posted
31st Mar - Offer for £30 rec'd
10th Apr - LBA sent
Just received acknowledgement of my request and my ID document back. Apparently my relevant information will be sent to me within the next 40 calendar days - the letter is dated the 7th Feb.
Oh, I don't think so - my letter was dated the 20th Jan, don't think Royal Mail are quite that bad at deliveries, so I think we'll stick with my dates, shall we?
HALIFAX 30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95 HALIFAX 2nd claim 5th Mar - 16th Apr - Success in claiming £176
EGG (3 accounts)
20th Jan 07 - SAR posted
17th Mar 07 - Paperwork received - bits missing
19th Mar - Non-compliance for missing bits posted
9th Apr - ICO complaint filed
BARCLAYCARD
20th Jan 07 - SAR posted
21st Mar - Statements received
23rd Mar - Prelim posted
31st Mar - Offer for £30 rec'd
10th Apr - LBA sent
Shock :o
Even with an extra couple of days, still no documents.
Good job I didn't hold my breath
They obviously think I will wait until 40 days from the 7th Feb (their letter).
The Non-compliance letter going in the post today should persuade them otherwise.
HALIFAX 30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95 HALIFAX 2nd claim 5th Mar - 16th Apr - Success in claiming £176
EGG (3 accounts)
20th Jan 07 - SAR posted
17th Mar 07 - Paperwork received - bits missing
19th Mar - Non-compliance for missing bits posted
9th Apr - ICO complaint filed
BARCLAYCARD
20th Jan 07 - SAR posted
21st Mar - Statements received
23rd Mar - Prelim posted
31st Mar - Offer for £30 rec'd
10th Apr - LBA sent
Day 56 - Receive paperwork from Egg. (Sounding like Big Brother here - sorry.)
Have had three accounts; A Boots Advantage by Egg - found five Unpaid DD fees and one Overlimit Charge, each £20.
That turned into my Egg Blue card - no charges from the time of change to present. Was a good girl with that one.
Then there's my Green Egg Card. Found no charges on that one. Hmm. Oh. March-April 2004 seems to be missing. And May-Jun. And July 2004-Jan 2005. Considering this is the one I got into most trouble with, and Egg defaulted me on, and 2004 is the time that I got deeply into financial difficulty...hmmm. Surely Egg wouldn't deliberately withold information...?
Well, I'll just give them a gentle reminder of the missing months - I'm sure they'll be 'oh - silly us - here they are - don't know why you want them though...'
Another couple of strawberry-blonde questions;
- On the charges I have found, because it's on a computer prinout, I can't actually work out the date of the charges - merely the month/year. Would it be acceptable to either put the date of the statement or the end of the month the charge appeared in?
- On the Boots Egg and Green Egg accounts, there appears a 'Finance Charge'. It's usually only pence or a couple of quid, but I'm just wondering what it is and is it reclaimable?
HALIFAX 30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95 HALIFAX 2nd claim 5th Mar - 16th Apr - Success in claiming £176
EGG (3 accounts)
20th Jan 07 - SAR posted
17th Mar 07 - Paperwork received - bits missing
19th Mar - Non-compliance for missing bits posted
9th Apr - ICO complaint filed
BARCLAYCARD
20th Jan 07 - SAR posted
21st Mar - Statements received
23rd Mar - Prelim posted
31st Mar - Offer for £30 rec'd
10th Apr - LBA sent
As to the statement date. I would use the 1st of the month.
As to the finance charge, don't honestly know. Perhaps give them a ring and ask exactly what it is, if it sounds like a penalty, then put it in the claim. The chances are they will settle before court, and the worse the will do is make an offer minus these charges. See what happens.
Still no response or missing information returned.
Really don't want to go to court just for getting statements, so have just zipped off a secure message politely inquiring as to when I'm going to get the info. Oh, and a reminder that they're slightly over the 40 days - like by nearly 30...
So I'll just hang on until I get a response from the messaging, and if that isn't positive, then I suppose it's down the courts we go...
Another question - as I have charges from one of the other accounts, could I start the ball rolling with a prelim on that, then add the missing charges if/when they arrive? Or is it better to hang on?
Another another question - It's the Egg Card (green) that I have a default on. This I was told had to happen when I had entered an agreement when I was having problems in repayment and was paying off a token payment each month for a while. It's also the account where I'm missing information, but apart from these missing months, I have absolutely no charges on this card. Can I still request for the default to be removed even though it was not as a result of charges?
HALIFAX 30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95 HALIFAX 2nd claim 5th Mar - 16th Apr - Success in claiming £176
EGG (3 accounts)
20th Jan 07 - SAR posted
17th Mar 07 - Paperwork received - bits missing
19th Mar - Non-compliance for missing bits posted
9th Apr - ICO complaint filed
BARCLAYCARD
20th Jan 07 - SAR posted
21st Mar - Statements received
23rd Mar - Prelim posted
31st Mar - Offer for £30 rec'd
10th Apr - LBA sent
Statements still missing from the months with high probability of unlawful charges need to be vigorously pursued -- check winner Maxine989's experience with similar "accidental omissions". If you draw the attention of Egg's Company Secretary, that if they persist with non-compliance, when the missing pages eventually arrive and show unlawful charges, a complaint against Egg will be sent to their regulator the OFT -- demonstrating a pattern of INTENTIONAL (rather than accidental) withholding of information required by law, quoting your own case and others known from the forum. Culprits cannot be allowed to get away with blatant concealment and defiance of the law.
Legal docouments are meant to be signed and dated, accurate and complete. Within the past 12 months banks faced a 4,000 percent increase in complaints and claims over unlawful charges, no doubt Small Claims Court's experienced an exponential rise in workload. No way should a claim form be submitted, with bits and pieces of supplementaries added later.
If the Default Notice was NOT triggered in error or by unlawful charges, it is hard to see how Egg can be forced by law to retrospectively remove it. DN related to past conduct of the account, not how it is currently conducted. However a whole new area of ongoing litigation has grown up over retrospective challenge to DN, quoting as grounds unlawful charges and interest, unauthorised PPI, and lawful procedure not being followed over the issuing of DN, e.g. Yasmin, Angry Cat. Too many details for me, I have not had time to follow this. If interested, suggest you click SEARCH, ADVANCED SEARCH, DEFAULT NOTICE, selecting to cover only Egg Forum.
Basically credit cards are bound by law to issue a warning letter with certain days of notice before issuing a DN as fait accompli, so that cardholders get a chance to repair the breach. Egg never sends any letters out, relying instead on internet Secure Messages. Not sure if warning letter via the latter channel complies with the law. Not sure if there were or are any trace of such warning was sent, prior to cardholders agreeing to a payment rescheduling.
GL to my strawberry blonde.
PS. Have you paid £2 to check your Experian file? If there is any other DN apart from Egg, hardly worth bothering.
If you do value the removal of DN, would you consider bargaining with Egg? Namely if you withdraw your claim for unlawful charges wholly or in part with Full and final satisfaction, would Egg consider removing the DN?
The issuing of a DN is necessary before Egg can resort to law in pursuing arrears and balance, so there may be technical reasons why Egg may not consider such horsetrading.
Thanks for all the info Mister Egg is the only Default I have - defaulted in 2003 which is a year before I thought :o - found my credit file from the end of last year - that and the arrangements I went into with Egg, a loan and a catalogue in 2003 seem to be the only things that would go against me credit-wise. Debating whether just to be patient as it would only be a couple of years before the default drops off my file - not planning to get back into the debt I've just clawed myself out of by applying for more credit.
Have now read Maxine and Yasmin's threads (wow! - Respect!) Making me err on the side of being patient about my default - think if I went ahead, it would have disappeared by the time the courts made a decision!
Think my rule of thumb now is patience with the claims I have remaining - they are not life-changing amounts (I got that back at the beginning of this year), but I'm not just going to lay down and let them trample all over me.
Will see what my secure message will bring and then this quiet, shy wallflower might have to show Egg what happens when they p*** off a redhead...
HALIFAX 30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95 HALIFAX 2nd claim 5th Mar - 16th Apr - Success in claiming £176
EGG (3 accounts)
20th Jan 07 - SAR posted
17th Mar 07 - Paperwork received - bits missing
19th Mar - Non-compliance for missing bits posted
9th Apr - ICO complaint filed
BARCLAYCARD
20th Jan 07 - SAR posted
21st Mar - Statements received
23rd Mar - Prelim posted
31st Mar - Offer for £30 rec'd
10th Apr - LBA sent
Hello D, good luck with your forthcoming efforts, hopefully Egg will not pointlessly drag things out costing you time.
More than most financial institutions Eggployees adopt airs and graces, treating their paying customers like selfrighteous headmasters dishing out detention class. It would do the heart good to right a wrong and wash away bad memories, before putting Egg back into storage where it belongs.
Had a response to my SMS - 'they're looking into it' and will contact me as soon as they have the missing information.
So patience - I'll let them play their game - the amounts involved aren't huge and I'm not in a position where I'm desperate, so to avoid being accused of harrassment I'll wait for the missing docs.
Just as long as this is settled in time for festival season - it's not a huge sum, but it's some serious drinking allowance
HALIFAX 30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95 HALIFAX 2nd claim 5th Mar - 16th Apr - Success in claiming £176
EGG (3 accounts)
20th Jan 07 - SAR posted
17th Mar 07 - Paperwork received - bits missing
19th Mar - Non-compliance for missing bits posted
9th Apr - ICO complaint filed
BARCLAYCARD
20th Jan 07 - SAR posted
21st Mar - Statements received
23rd Mar - Prelim posted
31st Mar - Offer for £30 rec'd
10th Apr - LBA sent
Another week of absolutely no response and no missing docs sent.
So patience wearing a little thin - have filed a complaint to the ICO. Will compile a letter to that effect to Egg and print it out and send it, just as soon as I have bought some more paper. Though I can just see the person reading it at the other end saying 'am I bovvered?'
Really can't believe they would go so out of the way to obstruct and delay, for what I think is going to be nothing - if the rest of my statements are an indicator.
HALIFAX 30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95 HALIFAX 2nd claim 5th Mar - 16th Apr - Success in claiming £176
EGG (3 accounts)
20th Jan 07 - SAR posted
17th Mar 07 - Paperwork received - bits missing
19th Mar - Non-compliance for missing bits posted
9th Apr - ICO complaint filed
BARCLAYCARD
20th Jan 07 - SAR posted
21st Mar - Statements received
23rd Mar - Prelim posted
31st Mar - Offer for £30 rec'd
10th Apr - LBA sent
Next question:
I know they're probably snowed under too, how long would I be waiting for a response from my complaint to the ICO?
HALIFAX 30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95 HALIFAX 2nd claim 5th Mar - 16th Apr - Success in claiming £176
EGG (3 accounts)
20th Jan 07 - SAR posted
17th Mar 07 - Paperwork received - bits missing
19th Mar - Non-compliance for missing bits posted
9th Apr - ICO complaint filed
BARCLAYCARD
20th Jan 07 - SAR posted
21st Mar - Statements received
23rd Mar - Prelim posted
31st Mar - Offer for £30 rec'd
10th Apr - LBA sent
All written complaints and enquiries will receive a response within 14 calendar days of receipt. In this response we will either deal with all the matters raised straight away, or where this is not possible, we will write to you to acknowledge your correspondance, give you a reference number and tell you what will happen next including whether we need any additional information from you.
Some matters are more complex than others. Below is some information indicating how long it currently takes us to deal with the complaints, enquiries and telephone calls we receive. By ‘deal with’ we mean ‘responding’ to enquiries, ‘providing the outcome’ to a complaint and ‘answering’ telephone enquiries. All reference to ‘days’ means calendar days.
Complaints and enquiries made under the Data Protection Act or the Privacy and Electronic Communications Regulations.
66% of all casework in this area is dealt with within 30 days, 91% is dealt with within 90 days, 98% within 180 days and 99% within 365 days of receipt.
You and I are getting similar treatment from Egg, and its being meted out on a similar timetable, too.
I sent my SAR on 26 Jan -- a week after you sent yours. I've not received ANY statements yet, despite reminders etc and I'll be filing my DPA-Non compliance claim at court on Monday.
Egg play dirty. I'm just hoping you and I get our money back before they go bust (which, if there is any justice in the world, they will)!
And Rose, we WILL crack them - like you, it's not the money - it's for the way they treated me when I was getting into trouble and asked for help too. It does make me angry, looking back at the statements I have, that I wasn't that delinquent with these accounts, yet Egg is the blackest of black marks on my credit record.
We'll go for a nice eggy breakfast when we win, eh?
HALIFAX 30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95 HALIFAX 2nd claim 5th Mar - 16th Apr - Success in claiming £176
EGG (3 accounts)
20th Jan 07 - SAR posted
17th Mar 07 - Paperwork received - bits missing
19th Mar - Non-compliance for missing bits posted
9th Apr - ICO complaint filed
BARCLAYCARD
20th Jan 07 - SAR posted
21st Mar - Statements received
23rd Mar - Prelim posted
31st Mar - Offer for £30 rec'd
10th Apr - LBA sent
It's been a while...
Still no missing statements, but really looking and working out the balances, etc. I don't think there are any more charges to come.
So I started the ball rolling with my prelim on 14th May.
Had a response and was offered the £4 difference in Full and final on the 25th May.
Which, of course, I instantly accepted.
Yeah. Right.
Posted my combined rejection/lba on Friday.
HALIFAX 30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95 HALIFAX 2nd claim 5th Mar - 16th Apr - Success in claiming £176
EGG (3 accounts)
20th Jan 07 - SAR posted
17th Mar 07 - Paperwork received - bits missing
19th Mar - Non-compliance for missing bits posted
9th Apr - ICO complaint filed
BARCLAYCARD
20th Jan 07 - SAR posted
21st Mar - Statements received
23rd Mar - Prelim posted
31st Mar - Offer for £30 rec'd
10th Apr - LBA sent
Guess what turned up today? A complete set of transactions for my Egg Green card, along with my CCAs, which I had asked for completely separately.
And I was right - in five years of having that card, not a single charge - just when I was in financial difficulty and actually asked for help before it escalated, they helped by putting a default on it, which is the major blip on my credit record now .
So now on to the CCAs. There is nowhere mentioned about CC Repayment Protector. I know I wouldn't have ticked the box to do it, because I never tick that box, and when I applied for my Egg card, I'd had a Barclaycard for 4 years that had not taken one payment protection charge out ever, because I wouldn't have opted for it. Would it be worth going for a refund? Is the onus on me to prove I didn't tick the box rather than Egg proving I did? As the charges on one card were over £500, it's certainly worth it in that respect, but what are the odds on getting it back?
HALIFAX 30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95 HALIFAX 2nd claim 5th Mar - 16th Apr - Success in claiming £176
EGG (3 accounts)
20th Jan 07 - SAR posted
17th Mar 07 - Paperwork received - bits missing
19th Mar - Non-compliance for missing bits posted
9th Apr - ICO complaint filed
BARCLAYCARD
20th Jan 07 - SAR posted
21st Mar - Statements received
23rd Mar - Prelim posted
31st Mar - Offer for £30 rec'd
10th Apr - LBA sent
Didge v Egg
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