Egg_Charges and Default

[Yasmin]

Sent general letter of complaint to Egg, re. charges and default , caused by forcing me over the credit limit. They have refunded one charge, how generous! and given me the usual line....so I have today sent Letter before action, and spreadsheet listing charges + interest. Not a huge sum, £231.00 but the default is the problem. Keep you posted.

[Bookworm]

Well done, good luck, hope you hear soon, do let us know

[Yasmin]

Hi all..14 days is up, nothing from egg. Sent secure E mail reminding them. Received a reply saying they had passed it to the borrowing team o well...will be starting action within next few days. Keep ya posted.

[Yasmin]

Hi can anyone help me pls..about to complete my claim form . Only claiming around £220 plus interest but the main thing is the default so I want to include this on the form. Can I claim compensation for this, as it has caused me problems......? If so any ideas how I should word it gratefully appreciated

[BankFodder]

This hasn't been tried before so it is experimental.

The idea is that when the bank defaults you, they do so because you have agreed in the contract that they may inform third parties of your account information.

 

My view is that there must also be an implied (unwritten term) that the information they release is true an accurate.

 

If they have defaulted you because of a debt which is made up partly of unlawful charges, then the default is not accurate and is therefore a breach of contract. It is this breach of contract which you include in your claim.

 

Now in Law, you can't just go suing people if you have suffered no damage. You have to show some kind of loss which the court will recognise. So what you have to do is to list out the ways in which the default has caused you inconvenience or actual loss of money.

For instance, if you have had to pay increased interest rates for loans because of your credit status. If you have regularly been turn down for credit and this has compromised your quality of life.

 

Once you have listed these things, we have to work out a reasonable figure to claim for each one. We have to keep it all to less than £5000 including the charges which you are claiming.

 

The downside of this experiment is that it may provoke the bank to defend the claim - so you have to be ready for it. You have to understand that the one thing that the bank really does not want is to have a judgment against them which shows that they have entered an incorrect entry into the credit register. If you succeeded in this claim then the way would be open to allege defamation against the bank and against the CRA.

 

A possible result is that the bank might just settle your whole claim without the risk of going to court.

This would mean that you had your money but you still had your default.

 

If you wanted to ramp it up even more, you could apply for an injunction to force the bank to remove the default.

This would get very exciting - but might risk the possibility of coming off the Small Claims track. however the issues are exactly the same as the charges and so technically there is no reason why it should be so.

 

Let me know what you fell about all of this, any questions and whether you wanted to go ahead. It is your own decision.

[Yasmin]

Thanx for reply B F just thinking about content...will get bak

[Yasmin]

Yes, its true they have defaulted me because of a debt made up partially of unlawful charges, accumulative since march 2005. I failed to keep payments up-to-date from August, due to pers. circumstances and entered into monthly arrangement. However they still passed the debt to an agent for collection and told me they were closing my account, even though I had kept to payment agreement. In February, egg agreed to refund £30- to my account, 50% of the last three charges incurred as a gesture of gooodwill.I also discovered that they had defaulted me. They have refused to remove this. I sent them a letter before Action 16 days ago , then E mailed them 're this a few days ago. Reply saying they had passed it over to the borrowing team....no response. Account is still open.

I would like to proceed with the action you mentioned . I cannot really justify damages such as increased interest etc. only morally...I explained to them circumstances fully, and they have been unhelpful and aggravated the situation...... The default has also prevented me from obtaining credit so that I could decrease existing debt, lower interest rates etc.

[BankFodder]

Do you own your own assets? How far are you prepared to risk youself on this?

You must assess how far you are prepared to go. Your money is easy. the default will be the sticking point.

 

The debt was £231?

 

How much of it is charges and interest on those charges?

[Yasmin]

Completed my claim form and handed it to County Court last Thursday.30th? Apparantly it is still sitting in a tray waiting to be checked for my exemption of fees entitlement..According to the clerk this is normal practise. Should hear from them sometime next week LOL

As it usually takes around 10-14 days at this particular C.C. to respond maybe I should submit my other claims early.

[Yasmin]

Finally located my claim and gave me no. (litigation Section) was actually served on 4th April, even though wasn't aware of it...due to useless admin. at local county court!!! Think that has been sorted out thanks to BankFodder .....

[monkey_uk]

Have they entered an acknowledgement yet?

[Yasmin]

Hi M, no acknowledgement...So if nothing tomorrow looks like i've won by default? Still will not have removed default they entered against me!!!

[monkey_uk]

It was deemed served on 4th wasn't it?

 

surely the deadline for them to enter a defence should have been the 18th or 19th shouldn't it?

[Yasmin]

mmm well 20th date quoted on letter.....delivering app. for default to court today, personally.

[monkey_uk]

whooohoooo!

 

 

Keep us posted!

[Yasmin]

Well, spoke too soon. Received letter from the Court this morning & apparantly Egg have acknowledged the claim. There was a bit of confusion over the dates, called the court to clarify this. Told me Egg have acknowledged and have firm of solicitors acting for them. So if notice was served on 6th April , guess they have 'till 4th May?

[Yasmin]

Have received Defence and counterclaim notice, also signed by David St Clare Nelson. Any progress on the other case yet? Advice gratefully accepted LOL

[Yasmin]

well, apparantly should have received an allocation& questionairre at same time as I received defence and counterclaim. So, called Court this morning. Guess what? They are still awaiting counterclaim fee from Egg LOL who have until 12th May. If they do not pay the matter is referred to district Majistrate and a decision is made as to how will proceed. I am only claiming approx £230- and their counterclaim fee would be around£120- BIZARRE Anyway gives me time to prepare if necessary.

[monkey_uk]

Yes, You'd better get reading up lol

 

Keep us posted!

[Yasmin]

Called County Court to check on progress of Egg, Defence and Counterclaim. Time has now passed, still Egg have not paid fee for the counterclaim, so it has been dismissed LOL. The defence still going ahead so should receive allocation Questionairre soon. May need some help completing it....

[dinghy]

Best of luck...

 

Post any questions up here and you know someone will assist asap.

[Yasmin]

Hi All, as you know Egg could not proceed with counterclaim as they did not pay the fee....he he. However say they will defend. So need to complete the allocation Questionairre. Has anyone out there got any hot tips, advice for completing it, please??? Seems simple enough, just want make sure. The Egg MUST be cracked!

[Yasmin]

Any help appreciated. Read post saying may be guide on faqs soon regarding Allocation Questionairre. Mine has to be in by 5th June and bit unsure really....

[jonni2bad]

Yes, it's close to finishing, and if it's not online for you in the next 24 hours, PM BankFodder for help with it.

 

I've just finished some more typing now, so I know we are close!

[Yasmin]

Hi Jonni or B F if ur around...any closer to finishing FAQs Allocation questionairre? If not available soon, will pm Bank Fodder as suggested, d.line for completing draws close.......