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

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

This topic was closed on 2019-03-08.

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

This topic was closed on 2019-03-08.

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

This topic was closed on 03/07/19.

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

This topic was closed on 03/07/19.

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

This topic was closed on 03/07/19.

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

This topic was closed on 03/06/19.

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

This topic was closed on 03/06/19.

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 their.

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

This topic was closed on 03/06/19.

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 their.

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

Hi, in July last year I sent the LBA to Barclays for the charges taken of £2860 for the period December 2000 to Feb 2006, the stays then started so I didnt file my claim with the courts. Should I now file my claim and if so can I still use the dates that were on my LBA as they have now gone over the six year limit, there are no more charges incurred on this account as it was closed in Feb 2006. Also am I right in thinking I read somewhere that the Money Claim online isnt accepting bank charge claims at the mo and that I will have to do it through my local court. Any advise greatly received.

Hi Bankfodder.

I have been trying to e-mail you since you pm'd me on Friday but cant seem to get anything to you through the e-mail addy you gave me. Sorry to put this in my thread but your inbox is full and couldnt think of any other way of getting hold of you, I need help on how to appeal against the judges decision to dismiss the case. Cheers ESB

Hi Juli99

Its not up to you to prove you didnt take the insurance out, its up to them to prove you did. Are you supposed to have taken out by telephone or by ticking the box on the online application. If it was by telephone you want a transcript of the conversation, if it was by ticking the online box, you need a copy of the online applcation form showing that you ticked the box. My claim was for the online one, Egg could not show any proof of my having ticked the box, they admitted to the Judge that the section where you ticked the box for insurance or left it blank if you didnt, was not saved on their records at the time of applying. The judge then ruled that as they could not prove I had indeed ticked the box I was entitled to have a refund of the premiums that had been applied to my account. Egg asked why I had not complained about this before, told them that it was because my wife dealt with all the paperwork and had assumed that I had requested this Insurance, wasnt until we retired and reviewed our finances together that I noticed it. The judge also picked up the fact that all the boxes to be filled in on the application form were coloured white but the box for the CRP was in grayscale, whether this meant that it could be altered by Egg am not really sure but this was a significant factor in the judges decision. Hope this answers you query, if you need anything further just shout.

Wednesday 1867

You are welcome to use my claim as an example if you want.

Have pm'd you but your inbox is full. Just to say I will ring you tomorrow, you have probably had a long day, hope everything is ok

ESB

Need a bit of help with my appeal against the Judges decision to dismiss the case against Citi as they had sold the debt on. Have spoken to Gizmo111 a couple of weeks ago but cant seem to get hold of her at the moment, dont know if she is away or something

They used Martineau Johnson Solicitors when I claimed back the charges from my two business acounts

Best of luck, be prepared for a long battle with Egg but you will get there in the end. Dont know about MBNA and PPI, but they were one of the first I got my charges refunded from and were by far one of the easiest. Keep on to Egg for a copy of the screen shot that shows whether you ticked the box or not, they wont be able to show you a copy as they admitted yesterday that it doesnt exist, it magically disappears after you have supposedly ticked the box!

Update on my quick post earlier re my Crp Insurance.

Went to Court today, I did not tick the box on the online application Form for the insurance. I was self employed at the time and so the sickness and unemployment factor would not have applied to me, also I had other insurances through my business that covered me for these things. The Judge wasnt happy with the fact that Egg could not show a screen shot to prove if I had ticked the box or not, Eggs solicitor explained that when the box is ticked during the application process it is automatically transferred into another section and the screen showing the box is not kept for future reference. They had submitted copies of the terms and conditions of the card but none for the insurance, even though they insisted that these terms would have been sent. The judge pointed out that there were screen shots of my name, address, financial information etc that I had filled in when I first applied for the card but the part where I supposedly ticked the box was not there, the only mention of the insurance was a box filled in with "Accident,Sickness, Unemployment and Life" on the bottom of the application review which also contained the credit limit they were setting for the account, this was for office use only and could not be accessed by the applicant. In light of the lack of evidence from Egg he ordered that they repay all the insurance monies I had paid plus interest and Court Costs. This is to be paid into my account as it still has an outstanding balance on it.

Empire Strikes Back v Egg - WON

Have been to Court today, the Judge has dismissed my case against Citi as when the account was assigned to Hillesden the charges were slightly less than the full amount owing. I settled the full amount with Hillesden shortly after they took over the debt, the Judge has ruled that although the charges were put onto my account by Citi I actually paid them to Hillesden when I settled the debt in full, so he said I was suing the wrong person and as such he was dismissing my case against Citi, but I was well within my rights to sue Hillesden. So back to square one but this time with Hillesden. The judge wasnt interested in the fact that Citi hadnt complied with his previous order to supply a breakdown of costs etc as he said that the last hearing I attended was just a block hearing and he hadnt read my case notes until just before todays hearing when he decided that I was suing the wrong party.

The solicitor for Citi today was a Mr Taylor, I think the famous ones were attending other hearings, hope they fared better than me!

Could a mod add "dismissed" to the end of my thread title. Thanks to Enron and Gizmo111 for your help, unfortunately I was not given a chance to use any of the stuff you guys sent.

Will start a thread on my progress with Hillesden in the Debt Collectors thread.

Just a quick update on me v Egg, have just got back from Court and have won my claim for the return of the CRP will give the full story on my thread on the PPI section tonight. Must go back down there now with Citicard

Have just come back from Court I have WON my case against Egg and the Card Repayment Insurance added to my account. Have got to go out now but will post full details this evening

Citi have stated in their 2 month late witness statement that they were not required to send me a default notice as "charging off an account is not one of the actions stipulated as requiring a s87 CCA default notice as it does not terminate the agreement. The defendant subsequently assigned the Agreement and the debt there under to a third party" Am a bit confused here, if they assigned the agreement to Hillesden surely that means that my agreement with Citi was terminated. I have a copy of deed of assignment from Hillesden in which is states that they bought the debt from Citi, not sure if assigning the debt means the same as sold. Just need to know if the agreement with Citi was in fact terminated at the point of sale. Their witnees statement is full of contradictions and wrong figures and they have not complied with the Judges order to give a breakdown of fees applied, surprise,surprise.

Anyone got any ideas, need to find this out urgently, have looked at the deed of assignment and it looks like they might have terminated the agreement when they sold this debt but am not 100% sure

My debt with Citi card was sold to Hillesden Securities, Citi have stated that charging off an account to a DCA does not terminate the agreement between myself and Citi so they did not need to send me a default notice before defaulting me. In the deed of assigment sent to me from Hillesden it states that all of the sellers (in this case Citi) rights, title and interest in and to the Accounts and account agreements pass to the buyer on completion of the sale. Surely this means that the agreement with Citi has terminated upon the sale to the DCA.

Any help with this would be great as I need it to contradict Citis witness statement if indeed the agreement was terminated by them selling the account