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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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alex_the_lad

Alex the Lad v. Egg***WON***

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Hi Guys! I've just successfully ended a claim against Cap1 and so now I want to turn my attention to Egg Card.

 

I'm quite familier with the who reclaiming process, but I'm just after some Egg specific info:

  • How far will I have to go with my claim (with Cap1 I had to file at court and then they paid up just before they had to submit a defence).
  • Also I have a active Egg Card account which is close to the borrowing limit (but within the limit). If I claim are they likely to close the account - does anyone know?
  • With Egg would people recommend the Court route or the FOS route?

Any advice would be valued.

 

Thanks!


:) Captial One - Won!

:) Egg Card - Won!

:confused: Abbey National - Stayed pending Test Case Judgement

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Respectfully bump! Any advice would be valued. Thanks


:) Captial One - Won!

:) Egg Card - Won!

:confused: Abbey National - Stayed pending Test Case Judgement

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Egg used to be very easy, paying in full plus interest without need of legal forms or FOS, but since August refunding has slowed down -- though still paying, see 72 formlines in the V-E Day sticky thread.

 

Retaliation and intimidation used to be the norm for Egg this time last year, but since 2007 I have read of no such activity.

 

Best is to write in plain English, saying that if Egg will not come quietly then you are aware FOS intervention will cost them £360 processing fee on top, regardless of FOS outcome. An alternative longwinded court obstacle course will involve some forthcoming uncertainties:

 

Certain CC hearings have been undeservedly stayed pending the OFT test case, so might yours.

 

Would the verdict coming out of the latter, e.g. hypothetically would a verdict that £16 is a lawful bank penalty charge, influence Credit Card Small Claims Court verdict? Might it then reduce your CC penalty charge reclaim to zero? There is a difference of opinion on this, so I shall leave time to tell, possibly in January or December.

 

Choosing between uncertainties and probabilities, it is your money, your decision -- a bird close at hand, or two in the distant bush?

  • Haha 2

 

 

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Thanks for the advice - very useful. I'll have to think about the FOS/Court route. In reality I have a few weeks to think it over as I've only just sent my SAR

 

Thanks again


:) Captial One - Won!

:) Egg Card - Won!

:confused: Abbey National - Stayed pending Test Case Judgement

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Hi!

 

I finally got around to sending the first letter to get. I got the following response:

 

Thank you for you letter dated xx/xx/xx

1. Your Credit Card agreement (‘the agreement’) with Egg Banking PLC (‘Egg’) clearly states that charges will be added to your account if you exceed your Credit Limit or fail to make your contractual payments. In accordance with condition 7 of the Agreement a charge of £20 (or since August 2006, a reduced charges of £16) has been added to your account each time you have exceeded your credit Limit or failed to make a payment.

2. Egg does not believe that the terms and conditions of the Agreement are any way unlawful or unfair. Egg recognises that customers sometimes exceed their Credit Limits and/or fail to make a payment and has systems and processes in place to deal with this. These include the use of computer systems, staff and other necessary costs. The charges set out in condition 7 of the Agreement are calculated by taking into account the costs incurred by Egg in maintaining these systems and processes and dividing this sum by the estimated number of customers who will exceed their Credit Limits or ail to make payments. These charges therefore represent a genuine pre-estimate of the loss caused to Egg by customers who break the terms of their agreement.

3. Egg takes steps to help you to avoid incurring charges. For example, the Agreement requires you to maintain a direct debit to make your monthly payment so that you won’t miss a payment accidentally. Your can avoid inadvertently going over your Credit Limit by checking you account on www.egg.com at anytime.

4. If you have any concerns relating t information held about you by a Credit reference Agency you should contact the agency directly. Egg uses the following agencies:

a) Equifax

b) Experian

c) Call Credit

5. You now have six moths from the date of out resolution to take your complaint to the Financial Ombudsman Service – further details are available on www.finacical-ombudsman.org.uk. A copy of their leaflet is available, so please contact us if you would like one sent to you.

 

Any advice on my next step would be much appricated!

 

Thanks!


:) Captial One - Won!

:) Egg Card - Won!

:confused: Abbey National - Stayed pending Test Case Judgement

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Your reply is the standard Egg template letter meant to discourage the uninitiated.

 

However, two claims were settled in full two weeks ago within the amazing time-frames of 3 weeks and one week using English letters alone, with no legal form-filling. This suggests Egg for its own reasons has now reverted to its former more co-operative self, at least for now.

 

Suggest you adapt the proven successful template letter below and proceed asap. Reclaim outcomes such as the two below cannot possibly get any better, they can only get worse. So best to strike while the iron is hot. FOS and other time-consuming legal routes can be held in reserve if English letters do not work. Good luck, but quick.

03 weeks
- 22 JAN 2008 -
WINNING TEMPLATE LETTER
- andrew_nwide -
WON!! Egg Smashed £900

01 weeks
- 23 JAN 2008 -
fivelaws v Egg ***WON***


 

 

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Got a letter back from Egg along the lines of the one I posted above with an extra bit saying that I'm accusing them of penalising me and that I have no grounds for saying so. They've also offered me a fraction of the charges I'm claiming by way of full refund. I've composed a letter for them

 

- is there anyone willing to give it the once over if I PM them with it?

 

Thanks in advance!


:) Captial One - Won!

:) Egg Card - Won!

:confused: Abbey National - Stayed pending Test Case Judgement

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GREAT NEWS!!! Got a letter from Egg this morning - offering to repay all the charges plus the interest! All it took was a total of 4 letters in plain english (including the SAR) from this forum. Thanks for all the support and advice - I couldn't have done it without you. Donation on it's way!

 

Just one final request - is there an acceptance letter template anywhere and could a Mod change the title of my post to 'WON'.

 

Thanks guys - this just goes to show if I can do it anyone can!


:) Captial One - Won!

:) Egg Card - Won!

:confused: Abbey National - Stayed pending Test Case Judgement

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Just goes to show the efficacy of a letter written in plain English, Shakespeare's English. Once Egg announces a settlement offer in black and white, they do not rat on it, so a letter in English accepting what they offer will do. Egg settlement money promised has never been reported as not forthcoming.

 

Cannot recall anyone mentioning a template letter for acceptance, unless it was for acceptance of a partial offer while stressing further continuing claims. If you wish you could browse in All-in-one links, abbreviations, acronyms, terms

 

Well done, Victor over Egg number 85. :grin:


 

 

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CONGRATULATIONS Alex

 

Just send them a letter in plain Enflish saying you accept their offer as a full and final settlement of this claim (In case you want to make another one later).

 

tal - Welcome to the Egg forum. All letters go to

 

The Customer Relations Office

Egg plc

Riverside Road

Pride Park

Derby

DE99 3GG


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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I got the following egg address from moneysavingexpert

 

Egg

 

Jenny Gordon

Data Protection Manager

Egg PLC

1 Waterhouse Square

138 – 142 Holborn

London

EC1N 2NA

 

Confused with egg having more than 1 address to send letters to

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Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Once again many thanks for all the advice! This site really is amazing - dispite the fact that I'm currently on my lowest ever income as an adult, with the help of this site I've managed to clear nearly £2,000 worth of debt in the last few months.

 

Thanks again!


:) Captial One - Won!

:) Egg Card - Won!

:confused: Abbey National - Stayed pending Test Case Judgement

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Once again many thanks for all the advice! This site really is amazing - dispite the fact that I'm currently on my lowest ever income as an adult, with the help of this site I've managed to clear nearly £2,000 worth of debt in the last few months.

 

Thanks again!

THat's what it's all about :D

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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