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    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer and that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim and don't add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the members of suggested above – it should be the final version. court, that I would respectfully requestup but I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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    • 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.

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Egg credit card agreement terminated


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Well my letter has gone today, they have 14 days to come up with a valid argument. If not its court. TBH I have nothing to loose, even if they end up winning and I get a judgement I can only afford to pay them a small amount monthly anyway.

 

Wish me luck ! :D

 

Best of luck.

Look forward to your result!

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Cosalt - I'm watching with interest!!!

 

Think I too will send them a wee letter asking for all my money back since the account was terminated. After all, no contract, why am I still being bound by it?

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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Just a thought - has anyone contacted the Office of Fair Trading to ask for their understanding of the situation in this instance? Or would the FSA have reason to comment?

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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We've got a Solicitor to agree to represent a consumer with regard to this.

No defaults or missed payments, so no "hurdles" other than the termination and subsequent payment.

 

Solicitor thinks (knows ;)) Egg made a massive blunder and is going to go for the throat. They think it could be quite spectacular.

 

This is the same Solicitor that helped me take on RBS over a business agreement several years ago and blew them to pieces.

 

If they have success we have a high profile BBC reporter waiting to make it headline news on TV and in print.

 

I'll keep everyone up to date with this as it progresses.

This could cost Egg a lot of money, so we expect them to put up a big fight.

 

Good luck to them is all I can say!!!!

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There must be a few twitches in Egg at the moment over this! :D

 

I'm assuming they would offer the claimant whatever they require with a confidentiality clause as an outcome which favours the customer could be devastating for them.

 

I trust that they their claim is to have all monies refunded after the 31st Jan 08 (which is the date my agreement was terminated) or other effective date of termination? And does this include other compensation too?

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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There must be a few twitches in Egg at the moment over this! :D

 

I'm assuming they would offer the claimant whatever they require with a confidentiality clause as an outcome which favours the customer could be devastating for them.

 

I trust that they their claim is to have all monies refunded after the 31st Jan 08 (which is the date my agreement was terminated) or other effective date of termination? And does this include other compensation too?

 

It will be much more than that.

As a point of principle, they would have to offer a very large amount of money for confidentiality; even then it is unlikely that they would agree to it.

 

The consumer is not concerned about the money, it is a point of principle in law.

 

As mentioned earlier; they are requesting payments for which there is no agreement in existence, under the threat of punitive action.

 

It's serious stuff which is why we have a very successful lawyer prepared to take the case on. It's no Lionel Hutz Attorney at Law here, it is a big hitter who going to go for them in the strongest possible way.

 

If Egg merely wanted to change the accounts to repayment only, then they should have worded it in such a way.

 

They did not. Therefore, payments - and demand for payments - should have stopped. Their wording was very clear "...we are giving you formal notice that your agreement will end 35 days from the date of this letter."

 

This is potentially a big case. A lot to lose on both sides, it will likely be an expensive fight.

 

:-D

Edited by BigEddieChek
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:eek: I'm about to be defaulted by them, and my agreement was terminated in January also...

TheKat1979 - Taking Control!

 

Taking on -

Barclaycard via HFO - daft application form sent

Barclays Current Account - at AQ stage - fingers crossed asked for Hardship

Egg - various issues! Are about to default me on a disputed debt!

Bryan Carter CCJ set aside - looks to have been set aside without a trip to court! WOO!

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:eek: I'm about to be defaulted by them, and my agreement was terminated in January also...

Get legal advice IMMEDIATELY.

 

Also, write to the credit reference agencies to tell them to stop processing your data. If they put the default on, you will have a big fight to get it removed.

 

Also, try talking to Egg to see if they will accept some form of payment to avoid the default going on; if you haven't already done so.

:D

Edited by BigEddieChek
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Excellent stuff - always good when someone won't be bound by confidentiality! ;)

 

Sounds interesting as I've asked about the issue of terminating the agreement but the ramping up of interest in the weekes preceeding the termination. I've asked them to justify this and asked if they've signed up to the FSA Initiative 'Treating Customers Fairly' and where they feel they've complied with this with the interest rate hike.

 

Similarly they have refused my request to refund PPI cover despite acknowledging that I wasn't covered because of a pre-existing medical condition (They've put that in writing frustratingly) and I've now got a balance of £1300 which has reduced by £1000 since the account was terminated so I'm keen to hear what happens with your case!

 

Is there a timescale you could tell us about involved?

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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Excellent stuff - always good when someone won't be bound by confidentiality! ;)

 

Sounds interesting as I've asked about the issue of terminating the agreement but the ramping up of interest in the weekes preceeding the termination. I've asked them to justify this and asked if they've signed up to the FSA Initiative 'Treating Customers Fairly' and where they feel they've complied with this with the interest rate hike.

 

Similarly they have refused my request to refund PPI cover despite acknowledging that I wasn't covered because of a pre-existing medical condition (They've put that in writing frustratingly) and I've now got a balance of £1300 which has reduced by £1000 since the account was terminated so I'm keen to hear what happens with your case!

 

Is there a timescale you could tell us about involved?

 

No timescale at the moment - it is likely to take a long time as it could cost Egg a massive amount of money if we were to succeed.

 

I'm guessing that they will fight hard and dirty.

 

But so will we.

 

:D

 

P.S.

I know someone from Egg has been looking on here.

Nothing they can get from here will help there defence, so they can look all they like!

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Keep us posted!

 

Don't expect anything other than a dismissive reply.

I am guessing, but I think they bet on the majority of people not being able/prepared to go court, so will keep fobbing you off.

 

Stand firm!

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Egg terminated my account also whilst not in default, then later defaulted me and RAISED my credit limit on a terminated account??

 

Opps think they made another BOO BOO there.

 

JC

If my posts have helped you please use the scales at the top of my posts :)

 

Any opinions from Jannercobbler are strictly my own and I have no affiliation with any group or services.

 

The two most beautiful words in the English Language are "Cheque Enclosed" - Dorothy Parker

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/399-abbey-letter-sent.html

 

Me v Abbey - £3000 + Int + Costs + Credit File Cleaned.

 

LBA Sent 12/3/06

Court Claim started - 31/5/2006

Allocation Questionnaire Filed - 24/7/06

Court Date allocated 31/10/2006

 

Me v Citi-Cards - CCA Sent 27/07/06

Me v Citi-Cards - Data Protection Act Sent 03/08/06

Me v Capital One - Data Protection Act Sent 03/08/06

Me v Hillesden Securities - CCA Sent 03/08/06

Me v Hillesden Securities - DPA Sent 03/08/06

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It seems strange why I have not been terminated.Opened the card in 1999. I have never missed a payment but only pay the min. They have ramped up my monthly interest.

 

Is there any pattern to whom gets terminated?

 

Ive CCA'd them last week and the clock is now ticking (I am still paying them at the mo), lets see if this prompts a termination.

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BEC - yes, I was terminated & a few months later emailed them to ask if I could have the cc transferred into a loan instead. They said no & I didnt push it, quite glad now actually as it seems they may have made a bit of a hash of this which could work out quite nicely :p

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I was never terminated. My historic interest rates were:-

 

June 2000 - opened account - 16.9%

September 2006 - rate changed to 9.9%

March 2007 - rate changed to 10.9%

 

I never paid any interest, never made a late payment, went over my limit or had any other penalty charges, and I was NOT one of the customers whose account was closed.

 

This would suggest that Egg Card chose to raise the interest rates for the so-called "sub-prime" customers but not for the customers they wanted to keep.

 

I am surprised to hear that they have ramped up your interest rate, toxicdebt, as I thought they selectively did this for the account holders they were just about to terminate.

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Just a note, upon reading the credit act-(what lovely bedtime stories) under section 76, subsection 1 ©, my understanding is that they do infact have the right to terminate the agreement. Then upon refering to section 99 (2) my understanding ( which may infact be wrong) is that it does not affect liability for any outstanding amounts.

 

 

Have I missed something glaringly obvious? Is it that they forfeit the right to claim back an outstanding balance upon doing so?

Edited by lollipop73
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