Thread: Looking for a buddy to help me through Egg bank claim

Hello!

I sent off my 1st request to Egg, two weeks ago and have only received a standard we have received a complaint from you letter back. The first letter I sent was from Moneysaving expert and the one here is better. So think I might send the orginal one from here.

Just after someone who has won agaisnt Egg to help me really. Would anyone be kind enough out there to be my buddy..?

Thanks ConsumerP

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Just follow the moc1982 example in V-E Day thread -- with full results within 2 days.

Hi Guys

Thanks for all your help, I actually recieved a letter this morning so I am feeling a lot more confident now. Was starting to think I was just going to be ignored! Anyway the letter was the same one about the OFT rules and the £12 so a copied a letter found on another Egg post, and have edited it slightly. Thanks very much I think it was from ME V Egg, sorry for just nicking it hope you dont mind!

I emailed it over a scanned copy and I am going to post it so fingers corssed Egg will pay out now, seems they paid a few other ones when they recieved this kind of letter.

Here is the letter I have just sent incase anyone else needs it, and thanks again to munchkin0110

Will hopefully have some goods news shortly!





Ms Ema Clayton
Customer Relations Adviser
Customer Relations Office
Egg plc
Riverside Road
Pride Park
Derby
DE99 3GG


17 May 2007


Dear Ms Ema Clayton


EGG ACCOUNT NUMBER:
Your Reference:

Thank you for your letter dated 15th May 2007 regarding my request for repayment of charges. However, I do not consider this a satisfactory response.

I have great respect for Egg's Genuine Pre-estimate of £16 and great respect for all future Genuine Pre-estimates that Egg provide. But as a cardholder I am wondering after many years in business Egg has ever tried to reconcile Pre-estimates against Post-event audits.

I am confident that Egg Plc would not withhold evidence from their cardholders, and that Egg will present evidence in court to show the after-the-event costs, as well as before-the-event Genuine Pre-estimates.

I would also like to respond to comments 1, 2 and 3 raised in your letter dated 15 May 2007. I have responded to them in order as per your letter for ease; please find my responses on the following page (page 2/3).



Point 1

Regardless of whether the credit card agreement states that charges will be added to the account if the credit limit is exceeded or fail to make contractual payments, it is the amount of the default charge which is in question.


Point 2

You have been charging me charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms which may be regarded as unfair, such as a term that requires me, as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation. I believe your charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999.

In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79 along with Murray v Leisure Play [2005] EWCA Civ. 963. It was held that a contractual party can only receive damages for an actual loss or liquidated loss. It is clear that your charges do not reflect any actual and/or real loss.

If your charges are indeed a genuine pre-estimate of the administrative costs likely to be incurred by you in dealing with defaults then in order to reassure me that your penalties really do reflect your costs, I once again request that you provide me with a Breakdown and proof of all costs involved with regard to your actual or liquidated losses involved in any breach of contract to which these charges relate with yourselves and that these charges reflect your true costs in relation to the said charges and are proportionate to the charges levied on my account as defined in Unfair Terms in Consumer Contracts Regulations 1999 Schedule 2 (e). I would expect this to include a comparison of all charges levied against all customers and the actual costs incurred by you when those customers default.


Point 3


I refer to your comment regarding the Office of Fair Trading (OFT) default charge threshold of £12.00.I am aware that the OFT have stated that;

“where there are exceptional business factors... for example where a card issuer has a policy of requiring customers to pay minimum monthly repayments by direct debits, such as that operated by Egg….it may be able to set a fair default fee at a level above the threshold”.

However, this does not mean that your £16.00 is considered fair. The OFT state that only a court can decide finally whether a term is unfair.


Therefore as you have refused to refund the charges in question, I will pursue recovery with a county court claim, although I sincerely hope that this will not be the route I need to take. I sincerely hope that you will respond positively to this letter in order to avoid court proceedings.

I’d also like to remind you, as you will be aware that should this case be heard in court you could also be liable for 8% statutory interest on the total amount of charges claimed (as of today this amounts to £plus my costs.

To clarify, a positive response being no less than an offer of full settlement of all charges incurred on my account.

I am aware of many cases that you have settled in full out of court to date and I assume therefore that would also be your intention in this case. If that is so, then to allow this claim to get that far may be considered an abuse of the court process. I have enclosed a copy of your letter (encl 2) dated 15 May 2007, as should this result in a court case I will present it as evidence.

Once again, respectfully request that you refund the total amount of charges I am claiming, now totalling £ as per the attached schedule.


I will give you 14 days to respond to this letter before taking the matter further.


Yours faithfully,







Enclosures

• Schedule of charges
• Copy of your letter dated 14 May 2007

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Hi Consumer

I don't mind at all about the letter - it's there to help. Good luck with it and I'm sure you will receive an offer letter for the full amount you are claiming very soon. They sent mine within a few days of receiving that letter and then they paid up quick too.

Munchkin

Thanks, I really really hope it will be! Fingers toes and eyes crossed!