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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Egg successes.


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If you have been successful in your claim with Egg but the thread title doesn't show **WON** or **SETTLED** can you please send a private message to one of the mods to change the title and put it in the successes sub-forum.

 

This will give other users an at-a-glance guide to other cases that have been won and may just give them that extra little bit of confidence needed to pursue Egg themselves.

 

If you can't PM a mod for whatever reason then just reply to this thread.

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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  • 6 months later...
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  • 2 weeks later...

Just been offered a FULL REFUND from egg before any court action.

 

Prelim letter ( I had all my statements already ) to settlement :: 3 Weeks

 

Can you please change my thread to won, as I don't know about PM'ing on this forum software.

ABBEY : Seeking £1500 : Default Judgement Received - now set aside- AQ dispensed, awaiting court date

Barclaycard : WON : Seeking £380, offered £152. : Full settlement £510 + costs

EGG Card : WON : £168 FULL SETTLEMENT within 3 Weeks

HSBC : WON : Sought £1500+ : Full Settlement £2375.89 received 4 months start to end

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  • 1 month later...

Hi

 

My Egg claim was successful. Could someone please change my 'Me v Egg' thread to WON.

 

Date sent Prelim: 4 April

Date sent LBA: 30 April

Offer acceptance sent: 8 May

 

Thanks

Munchkin

Munchkin

 

Egg - settled in full at LBA

Barclaycard - settled in full after defence issued but before hearing date advised

Barclays - settled in full after defence issued but before hearing date advised

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  • 2 years later...

:-)

Just been offered a FULL REFUND from egg before any court action.

 

Prelim letter ( I had all my statements already ) to settlement :: 3 Weeks

 

Can you please change my thread to won, as I don't know about PM'ing on this forum software.

 

 

Hi,

 

Wonder if any of you pro's can help me please? I'm new to this website.

I have egg credit card from 2000 - found my agreement which I did sign & return to them. There are various companies advertising that I can get my debt wiped to nothing (Also have a loan with first direct dated Feb 2007)

 

Not quite sure where to start, what to say or to send to them?

Can anyone forward me the prelim letter so that I can try to sort something out?

 

Thanks very much

 

Andrea

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  • 4 weeks later...

I am pretty sure that one of the site team would tell you this is not a good place post a request. Its really for people who have fought the good fight with Egg and come out on top already.

Re Debt companies, the advice generally is to steer well clear as if you have a good case with the advice you can get on here you can do it yourself. If you dont have a good case, then its good money (that you might not have!) after bad.

If you havent had a look at this, do it soon http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html#post2024413. Once you have absorbed that, you will find loads of letters addressing the kind of issues that you will be raising with Egg.

Hope that helps

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Re Debt companies, the advice generally is to steer well clear as if you have a good case with the advice you can get on here you can do it yourself. If you dont have a good case, then its good money (that you might not have!) after bad.

 

100 claims management firms closed in crackdown - Business News, Business - The Independent

 

 

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  • 4 weeks later...

Wrote to Egg back in July with regard to PPI on both a loan and a now closed credit card.

 

Loan has been credited with a healthy amount, cutting down my monthly payments and a cheque for £1000 is in the post.

 

Its more than the money though- through this success and that of other CAGgers I feel I've turned a corner and I'm more than ready to take on the rest.

There'll be a paypal donation next week!

I'm not a debtor- I'm a free man!!

 

Egg- Won

MBNA- Just started

Marbles- Its only a few pounds but if I win against MBNA then this will be my my 'showboat' round.

 

 

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from the frontline:

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what-60.html

 

17:06 07SEP2009:

we are in the Cardiff High Court with a case currently, the case management conference is coming up in the next couple of months, if this goes to trial you will have a precedent which will be binding to use

 

 

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  • 2 months later...

Hi

 

Egg referred an old debt to the good people at CapQuest, who have had to write off the debt due to prior dispute with the OC.

 

4900 pounds written off.

 

The debt collector at CapQuest was a complete liar and thankfully she put all of her claims in writing! hahahaha.

 

This is my final letter to her:

 

 

 

I am putting the finishing touches to my dismissal of your unlawful attempts too get money out of me.

 

this has taken a substantial amount of time to do because of the large number of illegal emails that you sent to me, attempting to extort money from me, when you had no legal authority to do so.

 

May I point out very recent OFT announcements that refer to your style of illegal practice:

 

 

The OFT can take into account any practices which we consider to be oppressive, misleading or improper, whether they are unlawful or not

 

 

OFT official

 

The OFT agrees with this, but its draft guidance goes against the grain of other conclusions of that case.

The judge said it was legal for lenders to take other steps to get their money back, such as demanding repayment of the loan, issuing a default notice, threatening legal action, and even starting legal proceedings.

But the OFT said it might take a dim view of these tactics.

"For the purposes of considering whether a company is fit to hold a consumer credit licence, the OFT can take into account any practices which we consider to be oppressive, misleading or improper, whether they are unlawful or not," an OFT official said.

The OFT's draft guidance says: "No communications or requests for payment should in any way threaten court action or other enforcement of the debt where the creditor or owner is aware that it cannot and will not be entitled so to enforce the agreement."

"The creditor or owner should make it clear in communications to the debtor that the debt is in fact unenforceable," it adds.

The guidance goes on to warn that: "To mislead debtors into making payment may in certain circumstances amount to an unfair commercial practice under the Consumer Protection from Unfair Trading Regulations 2008."

"It is quite clear that the OFT guidance would increase consumer protection and instigate standards within the banking industry that would reduce the abuse of consumer rights," said Carl Wright.

 

During the substantial period of your abusive emails to me, amongst other threats, you intimated that you would send "doorstep collectors" to my UK correspondence address, you also stated that you would start county court proceedings albeit that i advised that I live abroad and you also falsely claimed that a third party was signing cheques and letters fraudulently on my behalf in the UK.

 

I reserve my Right to counter your personal, vitriolic attacks on me in kind.

 

I have your personal data on record, which included your home address, email address and personal telephone numbers.

 

In response to your personal attacks on me, I reserve the right to respond by sending doorstep visitors to your house and to sending messages to your personal email and telephone numbers, in the same way that you threatened me.

 

I trust that this will not be necessary. I do not expect to ever receive any personal, illegal contact from you ever again.

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Alisindebt, well done, congrats :D

Just a thought on this :

 

The OFT's draft guidance says: "No communications or requests for payment should in any way threaten court action or other enforcement of the debt where the creditor or owner is aware that it cannot and will not be entitled so to enforce the agreement."

"The creditor or owner should make it clear in communications to the debtor that the debt is in fact unenforceable," it adds.

The guidance goes on to warn that: "To mislead debtors into making payment may in certain circumstances amount to an unfair commercial practice under the Consumer Protection from Unfair Trading Regulations 2008."

"It is quite clear that the OFT guidance would increase consumer protection and instigate standards within the banking industry that would reduce the abuse of consumer rights," said Carl Wright.

 

 

 

My EGG Agreement is from mid 2005, I am sure.

It is thought that those agreements are unenforceable, if Egg are pestering me for payments should they not be telling me " By the way, we say you owe us £xxxx, but we know it is unenforceable, please pay by xx xx xx." ?

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But Egg (like most lenders) will insist - pretty much NO MATTER WHAT - that it is enforceable. For sure, even if they cant avoid the conclusion that its not enforceable, they wont admit to this. Its just part of the game.

Alisindebt, I just wonder whether the last three or four paragraphs of your letter are wise. I completely understand the emotional issues involved in this and many of us would like to do this too. HOWEVER, should you offer them any opportunity to suggest that you are in the wrong. They will claim - as above - that what they were trying to do is reclaim a lawful debt (no matter whether it was or not). This is wrong! Unforgiveably wrong. But should we respond in kind? Should we be like them (even if its only a threat)? Does that make us like them?

Just a thought.

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But Egg (like most lenders) will insist - pretty much NO MATTER WHAT - that it is enforceable. For sure, even if they cant avoid the conclusion that its not enforceable, they wont admit to this. Its just part of the game.

Alisindebt, I just wonder whether the last three or four paragraphs of your letter are wise. I completely understand the emotional issues involved in this and many of us would like to do this too. HOWEVER, should you offer them any opportunity to suggest that you are in the wrong. They will claim - as above - that what they were trying to do is reclaim a lawful debt (no matter whether it was or not). This is wrong! Unforgiveably wrong. But should we respond in kind? Should we be like them (even if its only a threat)? Does that make us like them?

Just a thought.

 

 

Seriously fed up, I read what you say, ofcourse two wrongs do not make a right, but where in the sand do we as the hounded turn around to these companies and bite back?

Have watchdog ever covered this theme in their programmes?

Perhaps they could go after these institutions peddling their " rogue " agreements and chasing alleged debtors of those same agreements.

I can see alisindebt's point to be fair.

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And I can see his point as well, and at an emotional level I agree with him. I think we have all felt this way.

But, if we behave in the same way that they do, where does it end? I will fight them on technical issues - lets see your signed agreement with all the prescribed terms etc - to the bitter end, and "See how you like it" is quite understandable(and I am not just saying that - it IS - I have been there too). But, you mention lines in the sand. Our line in the sand should always be to bring these things to a successful conclusion (which Chambers Online dictionary defines as an end. or a result or outcome) and leave it at that in my opinion.

But this is entirely up to Alisindebt - its his situation, his feelings, his letter. I was only making an observation based on my own perspective. :)

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Thank you for responding to my experience that I quoted above. I fully understand your reservations on the issue.

 

Obviously,being abroad gives me a huge advantage i.e. no county court issues. having said that, egg did do a CCJ against me when they knew that i was abroad, so I had it removed when I found out what they had done.

 

It was a dirty tactic from them and they knew that there was an outside possibility that I would not know what had happened and they could take money from my account.

 

This shows them for what they are: liars, chancers, cheats, etc. please add to the list.

 

Everyone has their own moral points of view and i respect those expressed in this thread.

 

I came to my own point of view: I was not dealing with people that were rational. I was dealing with liars.

 

That being said, I mistakenly tried to explain circumstances too them e.g. I am abroad, I cannot afford the repayments, you don't have the opriginal CCA, etc.

 

Guess what? I still got abusive letters and emails.

 

Let's get real, people, let's understand what you are dealing with.

 

How do you think that I felt when I got an email saying that I was not abroad, I was in the UK, and all of my letters and cheque payments were being sent from the UK. this was when i was living and working in Taiwan, as I still do.

 

It made me feel sick when I received outrageous lies like this.

 

I came to the conclusion, and I hope that you do also, that rational arguments and the law don't wash with these low life **** bags, whose, unlawful emails and letters I have fully documented.

 

I fought them and I won and I encourage anyone reading this to do the same.

 

Don't let them intimidate you, that is their goal.

 

Don't give in.

 

Read every entry on these forums as I did and respond with "like for like".

 

I was lied to for over a year for a collector from CapQuest. I better not call her by her real name, yes I could, I am immune from the UK court system, but i play fair and I play the good citizen.

 

Let's call her Anne McCrap.

 

She constantly hassled me for payments, sending 8 emails in one morning. Well, that is against collection guidelines. She emailed me for over one year.

 

Did I give in? No.

 

I realised that she is probably a very unhappy person inside herself and this sort of job helps her to cope with that, being aggressive to other people, very often in debt and desperate.

 

I fought back and I won.

 

Don't give in to illegal actions. if they abuse you, report it to the authorities. put your account on hold due to a dispute and note if they continue to make unlawful charges on your account.

 

People. you have more power than you realise.

 

The DCAs, even the OCs are very often in the wrong although will never admit it.

 

Seize the moment, read these forums and fight back.

 

They are simply bullies and nothing more.

 

Some may question my strategy, but hey, I got the debts written off.

 

Now go and write some letters and set the ball rolling.

 

The ball is in your court.

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But Egg (like most lenders) will insist - pretty much NO MATTER WHAT - that it is enforceable. For sure, even if they cant avoid the conclusion that its not enforceable, they wont admit to this. Its just part of the game.

Alisindebt, I just wonder whether the last three or four paragraphs of your letter are wise. I completely understand the emotional issues involved in this and many of us would like to do this too. HOWEVER, should you offer them any opportunity to suggest that you are in the wrong. They will claim - as above - that what they were trying to do is reclaim a lawful debt (no matter whether it was or not). This is wrong! Unforgiveably wrong. But should we respond in kind? Should we be like them (even if its only a threat)? Does that make us like them?

Just a thought.

 

So are you going to let them get away with a template computerised letter that says: "But Egg (like most lenders) will insist - pretty much NO MATTER WHAT - that it is enforceable."?

 

I hope not.

 

You are falling into their trap. They send you these "legal letters" that are phony, just to intimidate you.

 

Are you going to fall for that? Just because Egg say something you believe it?

 

Who decides what is enforceable or not? Egg or the courts?

 

Egg can say what they want. It's the court who decide and you have the advantage of knowing that Egg are in the wrong, so why worry?

 

Have some confidence and take them on, they will lose.

Because they are a big bank and you are just a customer?

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Oh Dear me no - and if I have given anything like that impression I am very very sorry. They MUST be taken on. What they send must never be taken at face value ("we will consider the possibility of legal action", "this - pile of nonsense - is an executed agreement, so gies the money")

You quoted your experience - let me tell you mine. Over the summer this year one lender decided to take me to court. The card in question was with M&S and had originally been a Chargecard. I was one of those moved on to &more without any obstacles like signing a new agreement, or agreeing to the transfer, being observed - just here's your new card, get on with it. So I knew that they had a problem with that, but, as well as knowing there was no executed agreement for the &more card, I was pretty sure they had no agreement and even if they did (with the assistance of a couple of CAGers whose Chargecard agreements were about as old as mine) that it wouldnt be anything like compliant. So, I constructed a defence basically on those two arguments - you are bringing a case for which you have no compliant agreement, and you cant just transfer people from one card to another with some sort of formality being followed. Put the defence in, and about four weeks later I got a letter from their solicitor saying that they wanted to put a motion of dismissal to the Court and would I agree to this. Two things here

 

  1. this decision was not taken because I was right - it was on the basis of "commercial judgement and without admission of liability" - put another way, "you might be right, but we aint going to admit it"
  2. if I had said "yes please" to a motion of dismissal, they could at some point have brought the case back and tried again at some point in the future (unlikely I know, but possible). So I insisted on a motion of absolvitor (means that the case cannot be brought back) as well as them cleaning up my credit file before I would agree to have the case brought to an end

This is what I mean by they will never admit they are wrong. What we must NEVER do is to accept what they say at face value.

I have CCAd or SARd all my lenders and have had back the most incredible load of nonsense. Most recently - after a delay of about six months - it was something that was clearly an application with not a single prescribed term in sight. Along with this "executed agreement" were instructions to phone in order to arrange payment. Did I sigh and reach for my bank card? Aye right! No they got a letter back going into some detail with the defects the document included which made it not even remotely enforceable. Do I expect them to write back and say I am right. No I dont - at best, I will probably get silence.

We need to realise that we are dealing with people with the range of "qualities" that you refer to in your post (probably to varying degrees?) But their aim is to get money out of us no matter how (threats, lies etc). This is how it is, and yes we need to resist it and assert the rights that the law gives us (as if a bank wouldnt use their rights :roll:). But, going back to where we started, you referred to, for instance, reporting lenders who act outwith the law/ official guidance to the authorities. I think on this you are spot on. But lets not be as bad as they are (or even threaten to be)

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  • 1 month later...

I succesfully claimed back £3355.10 from EGG after one phone call. This PPI plus interest. It is just £100 short of the sum required to pay off the loan completely, which I'm going to do as soon as they credit my account.

 

I just have the EGG card and an MBNA loan to pay off and I'm debt free. I have written to MBNA twice regarding the PPI, but they have ignored me so far. If I can reclaim the PPI from that, then it will make a huge dent in that final loan.

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  • 4 months later...
  • 2 months later...

I need to know if I’m firing blanks :-) or if I have a cause worth fighting here.

 

I had an Egg loan in 2004 and which was settled from the proceeds of an Egg Top-Up Loan in 2005. The Top-Up loan was defaulted in 2006 and CapQuest collected monthly repayments from me on Egg’s behalf. I was not aware that Egg still owned my account and had always assumed, from the nature of correspondence from CapQuest that the account had been assigned to them

 

I wrote to CapQuest with a CCA 1974 Request. I simultaneously wrote to Egg, whom I believed to be the original creditor, with a Subject access requestlink3.gif under the Data Protection Act 1988. CapQuest advised that I had to contact Egg direct with my CCA 1974 Request for the Top-Up Loan agreement. I did not receive this within the statutory time frame from Egg and I placed my account in dispute. I received the CCA 1974 agreement after the dispute commenced. It looks valid and enforceable. Copy of the 2005 Egg-Top Agreement attached.

 

Whether the earlier 2004 agreement is enforceable is anyone’s guess as Egg are refusing to send me one as the account was closed in 2005 on the same day the Top-Up Loan started. The £6K of the £9K loaned was retained by Egg to pay off the 2004 Loan. I got the balance.

 

I continued my account in dispute because I was still not in receipt of adequate information with which to satisfy myself that the Top-Up Loan was not mis-soldlink3.gif. Egg have still not sent me the Subject access requestlink3.gif information or a copy of the 2004 agreement.

 

The Subject Access Requestis now past the 40 day statutory time limit. I have still not received a copy of the letter of assignment (if there was one) to CapQuest or, in the alternative, evidence that Egg passed on my details to CapQuest with my informed prior consent in April 2006.

 

Further, I need a copy of the credit agreement and all other information held by Egg relating to the 2004 Egg Loan, including statements for both accounts as at 2005. I think this information should be provided to me by Egg as part of my request for information held by Egg under the Data Protection Act 1988.

 

In order to form a view as to whether this account should remain in dispute, I require information from Egg to determine whether or not there was any mis-selling of my 2005 top-up loan. Further, I need to know what Egg retained to settle the 2004 Egg Loan. This issue relates to whether or not Egg either deliberately or inadvertently created a partially restricted and unrestricted use for the loan money (contrary to section 11 of the CCA 1974), wherein a multiple agreement should have been drawn up. Certainly the agreement for the 2005 loan was not multiple and is clearly an unrestricted use agreement for the whole sum borrowed.

 

I have posted on the multiple agreements thread already but query here is also in relation to the general thrust of my dispute with Egg and if there's anything I can do.

 

A statement confirming what was received and paid out would be sufficient. This has not been sent by Egg.

 

 

I do not believe the case of HEATH is relevant here because in that case the Defendant’s solicitors received ALL of the money, whereas in my case Egg retained MOST of it.

 

Egg wrote to me again refusing my s78 CCA 1974 request for a copy of the defunct original 2004 loan. This is because the agreement is no longer current and was closed in 2005 (the same day the Top-Up Loan began). In this they stated that they are under no obligation to provide it as they are pursuing anything under that agreement. That may be true. Without this and the other information I have asked for I cannot see how I am able to end the dispute.

 

I also wrote the standard SRA template letter to Egg stating that unless I heard from them within 14 days of the date of that letter, that it could be assumed that Egg had agreed to the removal of all data they entered at the credit reference agencieslink3.gif. The alternative was for Egg to refuse this request, in writing and within 21 days of the date of that letter. I can confirm that no such refusal was received within the stipulated time frame.

 

Q. Am I making unreasonable or frivolous requests of Egg? Should I just get on with paying Egg now and give up? Is there a case to answer?:???:

spa9mnyiscn00010.pdf

spa9mnyiscn00021.pdf

  • Haha 1

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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Suggest that put Egg on warning that you will be submitting a complaint to the ICO for breach of Data Protection rules regarding SAR and that you will also be asking the FOS to look into this. Mark the letter formal complaint and send it to their complaints team. List full details of your complaint. Ask for their final response, so you can immediately go to the FOS.

 

Breaking news. Egg banking has just been put on the market for sale by its owners Citigroup.

  • Haha 1

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