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I need some urgent advice from a moderator - please!!!
My court hearing is on Monday.
I submitted my Court Bundle to both the Court and the Defendant Egg on 15/01/2007 - 14 days prior to the hearing - Monday 29/01/2007
The Defendant Egg has failed to supply either me nor the Court with their Court Bundle as was ordered by the Judge, plus the Egg solicitor stated that they will not be supplying a court bundle!
I was just about to make an Application for a Draft Direction Order today, requesting that the Defendant disclose.
Now, even though I have requested payment of my claim via cheque, I have received a letter from Egg today, not their chosen law firm, stating-
[quote]
"I have today refunded £446.55 to your Egg Money Account as requested from our Legal Department".
Firtstly, this is not the correct amount.
Secondly, the Egg Legal Department may well have requested that the above amount be credited to my Egg account, but I (Claimant) have made it abuntly clear that I require re-payment in the form of a cheque.
What do I do?
Carry on and make the Application for the Draft Directions Order, requesting that Egg disclose.
There are only three working days now to the hearing on Monday
I am absolutely furious with Egg's arrogant and apparent mis-use of the court system.
I require the full amount of my claim, plus court fees, plus the allowable Litigant in Person out of pocket expenses and feel enraged by the above 'fait accompli' paymernt to my account, when that is not the method of payment that I requested.
Egg are attempting to ride roughshod over me and the court system.
What have they not included in the payment offer?
Is your Egg account in arrears? If not then they have no reason/weak argument to recredit your account.
While I'm not the best informed it would make sense to:
Send them a recorded delivery letter re-stating ALL you requirements. If they fail to reply, you will see them in court and they will have ALOT of explaining to do to the judge.
Carry on and make the Application for the Draft Directions Order, requesting that Egg disclose.
Egg have failed to include my court costs, plus because I am claiming interest at the contractual/compound rate they will not agree the amount that I am claiming. I clearly stated the differing totals in my claim-
I claimed the contractual amount XXXX, or in the alternative xxxx and up to the date of judgement. It is not up to Egg, to choose the lower amount, that decision is up to the judge.
Last week, the Egg Law firm rang me on my mobile (without permission) I made it lucidly clear that I would only accept the amount as stated on my particulars of claim...I went on to say that I had written 'In the Alternative' with regards to the lower amount and that amount was up to the judge to decide!
I am in arrears, but only because after I had disputed the legality of the Egg charges, I cancelled my DD, up to that date my account was in order
Egg had registered a default on my account, even after I had served them with an S10 DPA Notice which they would not recognise, I then withdrew my permission from Egg to process my Data. The amount on the Default is less than I am claiming in penalty charges + interest. Egg Defaulted me without notice and I only discovered the default through my audit of my CRA credit file.
It is to late to send a recorded delivery letter re-stating all my requirements as my hearing is on Monday 29th Jan. Even if I sent a letter tomorrow, it would not arrive until Thursday!!!
I do not wish to appear unreasonable to the court, but Egg are riding roughshod over me and my claim. The Egg Law firm are fully aware that I will only accept a repayment in the form of a cheque, due to the fact that I am in Dispute over the alledged value of the debt. Meaning I am yet another BAG member about to embark upon the mis-selling of PPI.
Please can a moderator let me know as to whether I should still serve the application notice requesting Disclosure from Egg?
The problem as i see it is that regardless of how you/we feel they have refunded moeny to an account you have access to, is this correct?
If you dont have access to the account then they havent paid you anything.
IS the amount they paid you the charges plus 8%?
Less court costs?
And i presume the claim is in the small claims court?
I would serve the application notice on Egg requesting disclosure and send a copy to egg too, is this just a request for an order via an n244?
At the same time when you send them the copy of the application you write back and say they have failed to satify the settlement terms of your claim in all respects and untul they do so you will proceed to court.
The danger is they will put the full amount of your claim into the same account and if you have access to it i.e. its still active then you will probably have to withdraw the claim.
Come back at me if i have got things wrong or you want to argue with me whatever, im around for another hourish
Glenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
No I do not have access to my Egg credit card account, because whilst I have been in Dispute with Egg about the charges, they defaulted me (even though I had served a Data Protection Act s10 Notice and withdrew my consent from them to process my data) and then Egg cancelled my cc account.
The amount that they have credited is charges plus interst at the compounded rate and they have not paid my court cost.
Ahh in that case then if you don't have access to the money then they haven't paid you.
My view is that you should write/fax/email (select the easiest one) to them and inform them what they need to do to settle and confirm that until all your condition shave been met then you will not stop court action.
I would apply for the order too, since you don't have much time i would do this today.
The sticking point will probably be any amount outstanding on you Egg acc no doubt.
i guess you have choices, insist on payment of the full amount by cheque, personally i wouldn't do this if it gets to court then its unlikely IMHO that the judge wold give you the whole lot when you owe them money but this would of course depend on all the circumstances and i don't know.
second ask for the balance to be paid to you by cheque, if this is less than the balance then insist that your costs are paid separately.
thirdly what about the default? i take it this happened after you disputed the account and entered your claim? If it is then you can also ask that the default is removed since it was applied while the account was in dispute and should not have been contrary to 13.6 Banking Code.
i say don't let them bully you, do what you have to do to protect your claim and add any legitimate costs onto the settlement figure.
JMHO
Glenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
Does this mean we can request payment by cheque if the account is set to payment only as we don't have access to it? I never thought of that before.
If you found this post useful please click on the scales above.
Egg - £400 - Prelim sent. On hold.
Mint - On the list Est £800
GE Capital - On the list (3 accounts!) Est £4000
MBNA - £545 Prelim sent 13/11/2006
LBA sent 1/12/2006
£350 partial payment received 18/12/2006. Full settlement received 20/1/07
NatWest - Est £4000 not incl interest
Data Protection Act Sent 10/1/07
Statements received 24/1/07
Prelim sent 3/2/07 Full Settlement received 22/2/07
The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional
You need to tell Egg you do not accept this payment even as a partial settlement and ask them to remove it from your account. IN WRITING.
You also need to ask the judge to strike out their defence because of their non compliance with the directions given - you odont need to do an application notice - an informal letter to the judge will suffice at this stage. Theres an example at the top of the Abbey forum or glenn has one.
You continue to court until your WHOLE claim is settled - including you default, interest, court costs etc, everything on your POC.
Does this mean we can request payment by cheque if the account is set to payment only as we don't have access to it? I never thought of that before.
Well i guess there are issues with the account depending on whether you owe them more than they owe you.
IMHO that if its the former then you don't have a leg to stand on, others no doubt will disagree.
If its the latter then i don't see why they shouldn't pay the money directly to the claimant.
Rether than hijack ACs thread we shold continue this discussion elsewhere if needs be.
I was primarily posting to say that Karne has made a valid point re writing to the court informally, just do whatever you decide reasonably quickly.
Anyway good luck and HTH
Glenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
Karnevil, yesterday I went to the Court with a letter plus the Draft Order for Directions. The letter requested that the judge adjourn the case and make the Order for Disclosure. However, the court officials would not accept my request simply in the form of a letter - stating that I had to make an Application on an N 244 application notice form.
I have just returned from the Court and served my Application Notice applying for a Draft Order for Directions which has been adopted by the Mercantile Court in London...
Because there has been no Disclosure from the Defendant...
I attached my letter, The Draft Order for Directions and a sample List of settled cases complete with county court Claim Numbers.
The Notice will be filed by the Court tomorrow.
Okay Guys, now the Court wheels are in motion, I had to make the Application, I had no choice
I will write to Egg stating that I do not accept the payment and request that they remove it from my account.
In the meantime I have to prepare my presentation for the Judge, as my hearing is still Monday 29 January. also the hearing for my Application is at the same time 11:30 Monday 29 January.
I am disgusted at the arrogant attitude of Egg, their solicitors knew full well that I would only accept payment by cheque. I made it lucidly clear to Addleshaw Goddard who informed me that it was not within their remit to settle in that manner. This Egg Law firm have just passed the buck back to Egg, who are attempting to ride a coach and six horses over me and the court...Talk about a waste of courts time...my expenses are piling up caused by egg.
Please note also, that my account was in good order prior to me disputing the charges. IMHO the Default was Retaliatory and they cancelled my credit card account.
Therefore, thank you Glenn for providing the information re: if you do not have access to your account, they havn't paid you anything.
God, I don't know why my claims have to be so complicated1
factually, it is because my charges started being levied when I became ill - PPI problems always complicate my claims
Incidentally, I did not include the Default issue on my POC as I did not want to complicate the claim. However, if I had not disputed the charges I would not have incurred the Default.
AC
I have sent my letter to Egg plus a copy to their solicitors - Addleshaw Goddard.
The letter stated
"Thank your for your letter...blah blah
Your letter states "I have today refunded £446.55 to your Egg Money Account as requested from our Legal Department".
I do not accept this payment, even as a partial settlement. Please remove the payment from my Account".
Due to time running short, I backed up the letter with an email to Addleshaw Goddard-
"I am in receipt of electronic Royal Mail confirmation that my copy letter (attached) to Ms. Ema Clayton, Egg plc was delivered to your Leeds office today 26 January 2007.
For avoidance of doubt, I refer you to my letter to your firm Addleshaw Goddard dated 4 January 2007.
[quote]
I do not authorise any amounts to be paid into any account currently held by me with your Client.
I reiterated those instructions to you personally when you telephoned me on my mobile telephone 15 January 2007".
This morning I phoned the Court and they have confirmed that my application notice for my Draft for Directions Order has been sent by DX to Addleshaw Goddard. The hearing for my Application is on Monday 29 January, the same day as my hearing and they court official reminded me that I must be prepared for The Hearing as the judge may decide to proceed with the hearing.
if theres anything we can do to help Ac let us know.
glenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
I'd turn up at court and explain everything to the District Judge scheduled to hear your case. Show them the letters, the response, the offer etc, the whole lot. Tell them everything.
Go a bit early and speak to the staff first and explain. Follow their guidance.
I've had limited dealing with court staff, but, from my gut feeling, they don't like being stood up, messed about, or used as a delaying tactic.
The judge may well issue default on them for what you have claimed. He/she can do that.
Don't panic. And if you do panic (or simply get confused as to what needs to be done), ask the court staff for help. Ask what your options are.
I can't offer any further advice, but it sounds like you've been well informed on here. I wish you the best of luck for Monday.
Regards
Maangov
__________________ HSBC A/C - WON! - £1,575 Charges, Stat Interest and default removed before court! HSBC CC - WON! - £1,025 Charges, and Stat Interest refunded ARGOS - WON! - £250 Charges & Contractual Interest CREATION WON! - £180 Charges & Contractual Interest BARCLAYCARD- Court Date Set - 09/10/2007 EGG - SAR Sent 22/12/06, ID Sent 05/01/07. No progress yet.
Just a note for confirmation, be cautious about showing any letters relating to the settlement until or unless the judge asks to see them.
Tell them you have them even if they aren't marked WOP the Court will almost certainly consider letters attempting to negotiate a settlement so.
If the courts asks to see them no problem but do make sure that they are aware of what they are just in case theres any mistakes.
I'm not sure how important this would be in your circumstances and it may be completely unnecessary, but it would be a shame to make a mistake which caused some grief for the sake of checking.
If anyone who has any experience in such matters has a view it would be nice to hear.
Glenn
PS sorry if I'm repeating stuff you already know.
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
Egg Court On Monday
on 15/01/2007 - 14 days prior to the hearing - Monday 29/01/2007
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Re: Moderator Please Help Re: Egg Court On Monday
Originally Posted by thecornflake
