Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Horwood Vs Egg Card

    From reading this wonderful board, i found out you can claim from credit cards as well as banks. what are the differences in things you can claim. I also closed the account in summer last year, will this cause a problem?

    Cheers in advance
    Heather


  2. #2
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    Default Re: Horwood Vs Egg Card

    Heather you can claim for refund of PUNITIVE charges in their entirety (OFT's ruling 04/05/2006, for Eggicon only, charges over £16 were punitive and unlawful). By law Egg could have debited slow-paying customers compensation for nuisance value. Industry estimates have variously valued nuisance cost between 50p and £3 per item.

    As Egg unlawfully extracted £20 each per late payment and overlimit, £20 per item is reclaimable, precedents are now well established for lastminute settlements outside of court to test your stamina, with only two cases decided inside court that I know of.

    Opinion on the level of interesticon reclaim accrued on unlawful charges is divided -- some just reclaimed the standard county courticon 8% per annum, others reclaimed Egg's 16.9% Contract Interest p.a. compounded monthly exactly reversing the way it was first extracted. The second level of reclaim has led to proven total success, not least last Saturday.

    You are willing to go to court.
    Egg whose staff are reading this thread are not.

    So count on an offer of settlement, just like 24 others. On the paperwork others are better than me. GL Heather.

    PS. Closure of account no problem. Just make contact quoting card number or as much detail as necessary to pinpoint the account. They are legally obliged to retain 6 yearsicon records on dead accounts. You will need to send Egg a bill and probably passport ID etc to prove you are yourself, and not me trying to reclaim your charges to fund my wine woman and song.


  3. #3
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    Default Re: Horwood Vs Egg Card

    ok I've got all the transaction info from them. found out they only owe me 4 transaction charges, a grand total of £80 lol. I'm going to go for it, anyone think it's worth it for £80?

    hev x


  4. #4
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    Default Re: Horwood Vs Egg Card

    Oh yes Heather, on a point of principle if for nothing else. Credit cards have been terrorising cardholders for 30 years, not 6, time they got a taste of their own medicine.

    You are due refund of your own £80 unlawfully extracted, then there was the interesticon compounded monthly on money that was unlawfully taken, and debited on your account.

    If you did go as far as initiating the lawsuit, there would be additional legal expenses. Totally pointless now for Eggicon to give you the bull****, as you can see the V-E Day list of 28 winners over Egg. Egg knows you know, you know Egg knows you know, Egg knows you know Egg knows you know. No point for Egg to waste their time and money on a pointless charade which will end up the same.

    If you just itemise what you are due, and tell Egg as much. The thread below describes how Egg gave Schnide the standard b/s, but Schnide was not impressed, and eventually Egg paid up not £20 but £52 to stay out of court. GL Heather.

    18 JAN. 2007 - Schnide….… (no confidentiality) - http://www.consumeractiongroup.c o.uk/forum/egg/44213-schnide-egg.html


  5. #5
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    Default Re: Horwood Vs Egg Card

    Ok letter has been sent on monday for the £80 worth of charges, lets hope they see sense.

    Heather x


  6. #6
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    Default Re: Horwood Vs Egg Card

    yay, got a reply this morning, it was the usual, sorry you felt the need complain crap, but atleast it's getting somewhere!


  7. #7
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    Default Re: Horwood Vs Egg Card

    This morning I recieved an interesting reply from Eggicon. what do i do now?

    Re: Request for repayemtn of Charges - Account Number xxxxxxxxxxxxxxxxxx
    Thankyou for your recent letter

    1. Your credit card agreement ("the agreement") with Egg Banking plc clearly states that charges will be added to your account if you exceed your credit limit of fail to make you contractual payments. In accordence with condition 7 of the Agreement, a charge of £20 (or since august 06, a reduced charge of £16) has been added to your account each time you exceeded you Credit limit of failed to make a payment.

    2. You allege that these charges are a penalty. You have put forward no evidence to support this alligation and we do not accept it. The charges set out in the agreement are a genuine pre-estimated of the loss caused to Egg when customer breaks the terms of their agreement.

    3.You may have followed recent media coverage of the office of fair trading (oft) investigation into default charges, the OFT stated that a default charge could only be used to recover certain limited administrative costs. These may include postage and stationery costs and staff costs and also a proportionate share of the costs of maintaining premises and IT systems necessary to deal with defaults. The OFT set a threshold for the intervention of £12 but stated that default fees should not be equivalent to the threshold. The OFT stated that the presumed of unfairness in relation to charges over £12 would NOT apply where exceptional business factors apply and specifically reffered to Egg's practice of requiring all customers to pay the minimum monthly payment by direct debiticon as an example. The OFT acknowledge that in those circumstances a card issuer may be able to set a fair default charge above the threshold of £12.

    4. Following the conclusion of this investigation, the OFT indicated that it would not proceed further against Egg on the basis that Egg reduced it's charges from £20 to £16. Without any admission in relation to the previous level of charges, Egg has reduced the charges accordingly. This reduction does not apply retrospectively, but in your case we are prepared, without and admission of liability, to apply a reduction to the £20 charges, If this is acceptable to you, we will credit you account with a total of £16.00 (being £4 per default charge applied to your account, on the basis of 4 defaults).

    5. The above offer is available for 14 days after which it will be automatically withdrawn. An acceptance form is enclosed for you to sign and return, together with a pre-paid envelope for your use.

    You now have six months from the date of our resolution to take your complaint to the Financial Ombudsmanicon Service, further details, blah blah blah

    Yours Sincerely
    Ema Clayton.


    Right, is this just a usual fob off? or am i stuck with £16?

    Cheers
    Heather


  8. #8
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    Default Re: Horwood Vs Egg Card

    Heather,

    Watch for a bombshell reply,
    to be posted in V-E Day thread before tonight.

    X


  9. #9
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    Default Re: Horwood Vs Egg Card

    I won!

    This morning I got sent an offer of my £80, i was also offered the interesticon as well (which i didn't ask for)

    It's definitely cheered up my day

    Goodluck for everyone else

    Heather x


  10. #10
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    Default Re: Horwood Vs Egg Card

    Hi,


    Well done on your win!


    How did you get copies of statements out of them?

    I've checked on line but my statements only go back as far as May 05.


  11. #11
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    Default Re: Horwood Vs Egg Card


  12. #12
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    Default Re: Horwood Vs Egg Card

    hey peaches, my account was closed by me last august, so i had no access to my statements, at all. If you've got the online Eggicon account, request the list of transactions through the online secure messaging service. I got a list of transactions (not statments) but they tell you the same thing. I didn't get charged £10 for the service either

    goodluck


  13. #13
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    Wink Re: Horwood Vs Egg Card

    Hey,


    Thanks for that!

    Happy spending!



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE