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Cmdenny

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About Cmdenny

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  1. This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  3. This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  4. This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  5. I have made an order for directions asking for the following: -regarding their defense (no 12 on their defense) clarification of when egg closed the claimaints a/c dates of defaults placed by defendant on claimaints account - any witness statements I haven't committed to provide any info as I haven't got their letter about my a/c being closed (many many months ago) or Abbey Nat's declining my Bus A/c (written to Abbey for duplicate). I will deliver it by hand before work tomorrow.
  6. The problem is all about time now. I have to hand the forms into the court by tomorrow. I'm going to have to take the forms by hand tonight. I am prob going to ask for a further month and then work on the game plan from there.
  7. Hi Steven - Should I quit at this stage (Egg inaccurate default)? If I have no chance I may just not pay the £200 and not return the AQ? What do you think? My gut reaction is that Egg really don't know whats going on and the Judge will give me the benefit of the doubt. On a side note I am having trouble getting a copy of the letter that Abbey national sent to me informing me I was refused a Busines banking A/c (I have written to abbey requesting this). Does Egg not responding to DPA requests count for nothing in my case? Help - I have to return the forms for Monday!
  8. Thanks Steven - I will look into this when I finish work. I am a bit worried that maybe I should through in the towel instead of paying the requested £200? I can afford £200 but I still wouldn't want to throw it away. I was hoping that as Egg don't even know when they closed my a/c and have failed to repsond to DPAs they would wish to back down as they show themselves to be totally inept. Chris
  9. I am not really looking for much in the way of compensation - just covering of costs and my time. Financial compensation would be for having a business banking account at preferential rates declined and emotional distress of having a bad credit rating. Fundamentally they have made a mistake. Their defense follows: Defence (typed by hand from their correspondence) The claimant entered into an Egg Credit card agreement with the defendant in April 2003 it is admitted that charges were added to the claimants account during the course of the agreement. Each charge was made pursuant to the clause 7.1 of the defendants standard terms and conditions as a result of insufficient funds being available from the claimants designated current a/c to cover the amount of the direct debit payment due on the egg card and when he exceeded his credit limit. Clause 7.1 clearly states: “if you break the terms of this agreement we may charge you the following, where relevant, to cover the additional costs:”£20 each month charges [NB my claim isn't about bank charges!] it is denied that the claimant exceeding his credit limit and the return of payments from the claimants account due to insufficient finds being available are breeches of contract. However in so far as they are deemed to be breeches of contract the defendant will contend: a) that each and every such breech entitled the defendant to levy a charge under the terms of the agreement; b) that the said charge are proportionate and in all the circumstances are fair and reasonable in comparison to the loss, damage, cost or expense incurred by the defendant; and c) that the full particulars of the said charges were supplied to the claimant at the time of inception [ONCE AGAIN I AM NOT CLAIMING BACK CHARGES BUT SEEKING TO GET AN INACCURATE DEFAULT REMOVED!] Following the office of fair trading investigation into default charges the office of fair trading indicated that it would not proceed further against the defendant upon the basis that they reduced their charges from £20 to £16. Without any admission in relation to the previous level of charges the defendant has reduced the charges accordingly. It is denied that the charges are “unlawful” [i HAVENT ALLEDGED THEY ARE – This defence is totally irrelevant to my case?] as alleged, such as the claimant sometimes fail to make or are late in paying the required repayments and the defendant therefore puts in place systems and processed to deal with the same. Such systems and processes include the overheads of computers, staff, and other necessary overheads. The charges set out in clause 7 of the T&Cs are calculated by taking into account the total costs incurred by the defendant in maintaining those systems and processed and the estimated number of customers (such as the claimant) who fail to make or are late in paying the required repayments. The defendant avers therefore that the amount of the charges applied under clause 7 represents a genuine pre-estimate of the loss and expense caused to the defendant in respect of such customers failing to make or being late in paying the required repayments. Further the defendant takes steps to try to ensure that customers such as the claimant do not incur the charges set out in clause 7. for example the conditions of the agreement required the claimant to have a direct debit in place to make his monthly repayments. This was done to ensure as far as possible that the claimant would not fail to make his repayments or make such repayments late and thus avoid the charges It is admitted that the defendant has disclosed personal information about the claimant to credit reference agencies. This information has been disclosed pursuant to clause 21.4 of the T&Cs of the agreement : “to credit reference agencies and fraud prevention agencies. We will make searches of your details with credit reference agencies and fraud prevention agencies when we consider your application. We will also give details of how you manage your account to credit reference agencies. The information that is given by us and other to fraud prevention agencies and credit defence agencies will be recorded by them and shared with other organisations.” The defendant is of the view that the claimants personal information has been disclosed correctly. The defendant has an obligation as a responsible lender to provide accurate information relating to their customers. To remove such information would be contrary to the defendants obligation as a responsible lender and would be misleading to other lenders. The claimants account was closed by the defendant on [THEY HAVE LEFT A BLANK – EVEN THY DONT KNOW!] pursuant to 20.2 of the t&c's Clause 20.1 clearly states “20.2 we can end this agreement at any time. We normally give you 30 days advance notice by post or email. However is there are exceptional circumstances we may end this agreement immediately and tell you about it afterwards, unless we are required by law to give you notice first” the claimant has not pleaded to the nature or basis of his allegation,i.e. How any distress is alleges (sic) to have been caused, who suffered distress, the nature and extend (sic) of any distress. [i have had a ruined credit rating and been turned down for a preferential business banking account] In the premises the defendant denies that there is a right of action in law for damages of any distress. Further the defendant denies that the facts set out by the claimant give rise to any cause of action in law. It is denied that the claimant is entitled to the interest claimed or at all. - Any suggestions for Allocation questionaire? - Shall I send evidence with AQ -Should I point out that they themselves dont know when the AC was shut - is it worth playing my hand now - Do I need to pay the requested £200 or can I ask for less? - Must I detail my damages/distress
  10. Does anyone else agree with Mistermind that I should not bother carrying on? I am faced with paying a further £200. [i believe Small Claims Court have charged me the max should it be £5000] Does anyone think I can win? The Experian report should relate to the recent months, so I am not sure how Egg can do this? Have I any chance of getting Egg to retract this DN, and off winning in the small claims court?
  11. I have now progressed to the stage where I have to submit an Allocation questionnaire. Their defense is based on a standard reclaiming bank fees case - of which my case isn't. My case is that they have placed a default against my account inaccurately which has caused me damages. Interestingly on their defense they wrote "the account was shut on .. ... .." - So even in their defense they acknowledge they don't know when my account was shut. Egg have also failed to respond to a section 10 data request (recorded delivery) and also a Data protection request for a copy of a letter (recorded delivery again). Egg say they have no case to answer as no damages have been caused to me. Can I go to the small claims court and point out that Egg have failed on several requests and win by default? Do I need to send evidence with the Allocation Questionnaire (this is deadline 10th March) - I propose copy of credit rating from experien, duplicates of correspondence, their defense with closing date submission, copy of letter I sent to Abbey National asking for confirmation of Business Bank declined. The fact of the matter is Egg placed a default notice on a closed account. How are my chances looking? The Allocation questionnaire has requested a further £200 payment (presumably because I listed amount at less than £5000 - Shall I proceed? I can if helpful type up their defense and post it here tonight. Please help!:o
  12. Hi - I have typed and printed 3 copies. I presume I post them to the local Court (Barnet) and leave the claim No blank. Presumably the Court Address is "In The" box at top left. I also don't know what to do for Fee - I have requested "not more than £5000"
  13. Thanks ever so much Steven - your a star. Would you definately recomend not using Money Claim? (I have used this for all past succesful claims - but that was pre OFT action) If I have to use a paper N1 where can I get the form from? And can I post this to court of do I have to present it in person to the nearest Court (40 mins on bus from work so prefer to post) Cheers for all your help.
  14. Hi Mistermind - I see them as totally in the wrong. Unlike Yasmin I don't have a "valid" Default due to missed payment (I think is Yasmins case due to penalty charges.). My Default is placed by Egg PURELY in error! NO Default has been made not COULD have been made. The account is Closed and they have placed a default in the last months for missed payment. As such I would say I have a good chance. Can anyone please suggest the text for the Money Claim/N1 ? Thanks C.
  15. Hi - The account has been closed longer than 17 months and I have an Experian report stating that a default has been placed in the last 3 months. Whats a "POC"? I am hoping that Egg will see they have made a blatant error and immediately concede. I have spend 8 weeks writting letters to them with no joy and know they wont do anything until they get the legal papers. Also I want a bit of compensation as the process has been a nightmare and I have suffered knock backs for opening a business account. If anyone has any text for an N1 that would be great. I presume from what everyone says that I can't do Moneyclaim due to OFT actions, even though this case doesn't relate to this?
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