Not such an Egg Head!

[Stopthethieves]

24th May 2006, 10:38

Empire Strikes Back vbmenu_register("postmenu_60710", true);

Basic Account Customer

Join Date: Mar 2006

Posts: 110

 

 

Re: Not such an Egg Head!

On the last day possible Egg have sent in their defence so are now waiting on the Allocation questionairre. On the bottom of their defence letter they are going for a counterclaim which reads:-

"In the event that the Court finds that the default charges levied on the Claimant do constitute an unfair penalty and are thus enforceable, the Defendant counterclaims for the actual cost to the Defendant of dealing with the Claimant's breach of contract in exceeding his credit limit, such costs to be assessed by the court.

The defendant counterclaims further for all and any other sums which may be due and payable by the Claimant to the Defendant as at the date of judgement."

 

Anyone else had this on their Defence from Egg, any mods out there who would like a copy of the defence let me know and I can scan it and pm you. Ayone had any money back from them yet

 

 

In teresting that they say they want the courts to determine the costs in dealing with DD's overlimit etc..

 

Isn't that what we seek to know:confused:

 

Regards

[Glenn UK]

Dont worry theres a sticky at the top of the egg froum about this very thing

[Empire Strikes Back]

Hi Glen

I am not overconcerned with the counterclaim angle, I have already dealt with that one, I was just posting an update re Egg going to Court etc when Stopthetheives replied quoting my post from ages ago regarding the counterclaim and commenting on that

[EEK!!!]

Morning!! Firstly I just wanted to send you good luck wishes. I am at the same stage as you however my court date isn't until Novemeber :-0 . I was wondering what documents and evidence you sent into the court. I'm about to start collating my documents so some helpful advice wouldn't go amiss. I've got everything crossed for you.

[Empire Strikes Back]

Hi. The documents I sent to the court were a witness statement setting out all the details of what I was claiming and why, also details, dates and outcomes of all my letters to Egg starting with the DPA request up to and including the Allocation Questionnaire. Copies of all letters sent to Egg, replies from them, all e-mails to and from Egg, Spreadsheet of charges taken, Court claim form and correspondence to and from Courts. In short this means everything that you have sent or received relating to your claim. You also have to send a copy of everything to Egg as well as to the Court. Its damn annoying when we manage to collate and send in all our information and then Egg (with the number of staff they employ))turn round and tell the court,on two seperate occasions, that they are having trouble getting all their documents from archive.Obviously more time delaying tactics.Hope this helps you and good luck, keep us posted

[Empire Strikes Back]

Have just received a letter from the local court which says

"Having read the Court file and a letter from the Defendants dated 26/7 Judge ----

has directed that I write to both parties with the following reply:

The designated Civil Judge anticipates hearing some bank charges cases in early 2007. Do the parties agree that the hearing on 6th October 2006 should be adjourned pending the trial of those cases?"

I am going to say no to the adjournement, but no doubt Egg will jump at the chance to delay matters further. Anyone else had a letter like this? It isnt an order for a stay but wouldnt be surprised if it becomes one when Egg agree to the adjournement, will then have to appeal I guess.

[Empire Strikes Back]

Just to let you know i have now received from Egg the papers which they are going to rely on in court, these should have been filed by the 17th July but Egg have only just done their bit. In the bundle of papers there were copy statements and also copy agreement and a screen shot of the opening of my account, nowhere on any of these can I see that I requested the CCP insurance they reckon I authorised them to take.The Court date is still on for the 9th October, I have replied to the Court letter asking if I would be willing to adjourn until early 2007 to allow the judge to see the outcome of other bank charge cases that are scheduled. I have obviously replied that I am not willing to wait that long but as yet I havent had a reply.

Egg certainly drag these cases out, sorry to hear you have had to withdraw your Claim Jasmin, thinking of how they dragged your case out and have treated you makes me more determined to get the b*****ds

[Yasmin]

Really tnx Empire. Will be supporting you all the way...Go get them!!

[Empire Strikes Back]

--------------------------------------------------------------------------------

 

Hi

Have just received a stay order this morning re my claim with Egg, it reads as follows:-

Upon reading letters from both Parties

Whereas

1. This case is one of many hundreds being issued all over the country

presumably as a result of the actions of a pressure group and it is in

interests of Justice for a consistent approach to be taken and

2. The Designated Civil Judge anticipates trying a batch of such cases

early in 2007 as test cases.

IT IS ORDERED THAT

1. The hearing on 9 October is vacated.

2. This case is stayed to 31 January 2007 when it will be reviewed by

District Judge ------- and either stayed or directions will be given

3. Any party affected by this Order may apply within 7 days to vary

or set it aside.

 

What is my next step, do I send the letter asking for it to be set aside or do I have to fill in the Court form for this and pay the £35.00. I am thinking of doing the letter route, any advice? I have also posted this in the general section under "stays are still coming" thread

[ninekey]

Empire, could I ask what particular County Court you are in? It sounds to me like the District Judge "bottled it" -- also, the reference to some kind of test case scheme being co-ordinated sounds more hopeful than definite. If there are no specific plans afoot, then that might be grounds for you to apply to set aside this Order and press on with the matter individually. Alternatively, you could apply to transfer the action to another County Court where you know they are prepared to list matters for final hearing.

 

NK

[angry cat]

Whats happening Empire Strikes Back

 

Did you make the N244 Application Notice to have the Stay put Aside?

 

Love Angry Cat:)

[Smackbat]

Hey Empire,

 

Just starting my claim with Egg and haven't even received my statements yet, but that has taken forever and a day in itself. I'm really interested to see how this all pans out as I guess I'll be in a similar situation myslef. All the best Empire, keep us all posted.

 

Rgds

Smackbat

[Empire Strikes Back]

Update on my continuing battle with Egg. The stay until Jan 31st has now expired and the court date is fixed for next Monday. My case is being listed with all other outstanding claims for refund of charges etc and the order states that the judge will decide in each case to make an order, give further directions or proceed there and then with a hearing, and it is probable the judge will deal with the cases in batches if there is more than one case against a particular bank, so dont know what how this is going to end up . I have had a letter from Eggs new Solicitors, Eversheds, offering me a sum to settle but I have told them that I wont be accepting their part offer or signing their Tomlin form. They have refused to refund any of the Card Repayment Protection , even though I had never asked for it.There is only a few days to go now so if they are going to settle they are going to have to act quick. Has anyone else had notice for this type of block court hearing .

[gizmo111]

Has anyone else had notice for this type of block court hearing .

 

I have one Thursday with CitiCards:)

5 mins allocated - had 2 other claims in that day as well, but they have been settled.

[Empire Strikes Back]

I have one with Citi too, on the same day as the Egg one, I also had another bank as well but they have settled let me know how you get on on Thursday Best of Luck.

[gizmo111]

I have one with Citi too, on the same day as the Egg one, let me know how you get on on Thursday

 

Oh I will - suspect it will be adjourned.

 

Best of Luck

 

Thanks to you too

Citi and Egg are part of the same company now - I don't evny you taking both on!

[hondamad21]

Good Luck Empire!!!

[angry cat]

MAY THE FORCE BE WITH YOU...

 

Love AC

[Empire Strikes Back]

Have just got back from Court with Egg. Last night I checked my Egg account on-line and would you believe it they had refunded the charges even though I had written to them refusing their offer as it did not include the amount I was claiming for the unatuhorised Credit Card Protection Insurance . Anyway, So the claim for the charges is settled but the claim for the Insurance goes on. The judge has given directions for papers and witness statements to be filed in 28 days and will give a date for the hearing in early April. I have to explain why I let this insurance be taken out for so long before I challenged it, it was because I was running my own business and did not look at the on-line statements until after I had sold the business ansd started to organise my finanaces but the Judge did not seem to like this explanation and tried to put me off carrying on with the claim. So Egg have settled the charges right at the last minute again. Anyone else claiming back the Repayment Insurance? any advise greatly received.

[countrybake]

hi ESB congrats for the payment but if i was you i would keep the claim together with the unlawful charges, accept this as just partial payment of the whole claim not just of the charges, i think a better chance of getting it all back sooner, best of luck anyway CB

[Empire Strikes Back]

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

[angry cat]

I just knew that-

THE FORCE WOULD BE, WITH YOU!

Excellent news

Congratulations

Love AC

[Empire Strikes Back]

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