j-dub vs Egg card

[egg-sterminator]

Hi J-dub.

 

That would be very helpful if yoy could let me know the other lines of defence. I will up date you on any progress i make. I cant find any threads where someone has been to court with Egg , have you seen any. I would like to know if the aproved limit error has been tested.

 

Maybe we are the first. Drydens seem very bullish.

Hi Ronlook at PTs thread 'egg card agreements and what i think is wrong with them'

[balster]

Hey J-Dub

 

I'd be interested to know who the companies are that are dealing with the legals for you. My pre 1999 Egg card has just been passed onto to Cabot.

 

Cheers

[j-dub]

Way-hey! Got a letter today from my Solicitor and Drydens have told him that they wish to fast track the case to make it lower on court costs, but that they accept that the court is going to find that the agreement is unenforceable and they're not going to contest that! My solicitor has told them that he DOESN'T want it fast-tracking, as if we go down that route, we can't get them to pay for removing the CCJ they have against me, and it also severely limits the legal costs we can claim back from Egg/Drydens which we don't want to do as it'd mean that I'd probably be out of pocket once we'd got the CCJ removed...

 

Anyway, it's good news... next court date is the 22nd December, so I'll update after that...

[Ron 2015]

Hi J-dub.

 

It all sounds very promising.

 

Why don't Drydens just drop the case if they know its unenforcable ?

 

I have been dealing with them recently and they are far from stupid.

 

How much will it cost to remove the CCJ , I would think it would be a fairly small sum for admin charges.

 

My solicitor was going to fight them on a technicality which would have got it thrown out , but they could have corrected the mistake and filed a new claim straight away. The costs my solicitor was talking about was in the region of 6K for him , lord only knows what Drydens would have charged if we lost.

 

Can your solicitor get insurance to cover costs in the event you loose ? Its worth considering if he can. It also means an insuran underwriter has looked at your case and feels its winable ( no guareentee ).

 

I have read dozens of threads on here and I think what appears to be a straight forward case can be lost in court if the court is sympathetic to banks / financial institutions.

 

There are many cases on here where the banks have won even where there is no CCA ! Which is totally wrong , but if the judge feels that way then it can happen.

 

I dont mean to be negative , but realistic. Has your solicitor advised of the fees involved if you dont win ?

 

I have searched and searched and only found one mention of people winning with approved limit angle. That was PT who says he has won 5 cases. The should be a test case soon which should be before December , lets hope that goes well.

 

Cheers Ron

[j-dub]

Hiya Ron,

 

I have insurance (now for all three of my card claims!) which has been sorted out by my solicitor, and all three claims have been looked at by barristers and a retired judge who all agree with my solicitors arguments against the cards (different for each card)... The cost to me if we don't win is the balance on the card, and that's it...

 

I have details of another case which was won against Egg with exactly the arguments we're using including case names and reference numbers which will be mentioned in my case.

 

From what I understand, we're now taking Drydens to court to get the original CCJ overturned... I'll post more details up when I have them and fully understand them in case they will help anyone else...

[Ron 2015]

Hi

 

Great.

 

I understand now. Egg/Drydens have already registered a CCJ against you and now you are getting it removed. Well done.

 

As you say the insurance will pay for everything so you can rest easy that if you get a couirt that favours banks you will only owe the balance on the cards.

 

If you have case names and numbers it would be very useful for me.

 

I have agreed verbally to settle with Egg, but I have not signed anything yet or paid any money. If you dont want to post them up here you could private message them to me.

 

Also the name and number of your solicitor would be good , does he need more work. If you dont want to post up here I will pm my number to you to pass to your solicitor if he wants some more work.

 

Your Egg agreement looks identical to mine and all the others on here.

 

Good luck for the 22nd.

 

Cheers Ron

[egg-sterminator]

Hiya Ron,

 

I have insurance (now for all three of my card claims!) which has been sorted out by my solicitor, and all three claims have been looked at by barristers and a retired judge who all agree with my solicitors arguments against the cards (different for each card)... The cost to me if we don't win is the balance on the card, and that's it...

 

I have details of another case which was won against Egg with exactly the arguments we're using including case names and reference numbers which will be mentioned in my case.

 

From what I understand, we're now taking Drydens to court to get the original CCJ overturned... I'll post more details up when I have them and fully understand them in case they will help anyone else...

nice one j-dub a weight of your mind and hope to others .

[balster]

Any update on this?

[j-dub]

Well, there's been a lot of changes in the law since I started this thread, so time for an update...

 

The company I was dealing with has shut down due to the court decisions late last year/early this year meaning that their business model no longer worked... They were a subsidiary of a large Manchester based firm of Solicitors, so I do have some comeback, but I've never paid them a penny, so haven't lost out, unlike those unfortunate enough to have tried this with Cartell...

 

An agreement identical to mine above has been found to be unenforceable by the local courts, but Egg then passed it onto a higher court whose judge (in his infinite wisdom ) sided with Egg, meaning that, although the original court judgement was very critical of Egg and their agreement, it's now become an enforceable agreement again...

 

I don't have the exact case notes etc to hand at the moment, but I do have a full breakdown from my solicitor which I'll post up notes from during the week...

 

Basically, unless my solicitor and the barrister for the case that went to court can come up with something interesting to argue with, it's looking like I'm going to have to pay this lot back...

 

I'll update with info about the case that went to court during the week and with any other info I get....

[cclune]

Quick Q - were you still paying off the minimum amount each month as this was all going on?

[j-dub]

nope, I've not paid them a penny since this all started...

[cclune]

Were they charging interest during this period? (And late payment fees etc)??

[j-dub]

depends if I win in the end or not! If I lose, I suspect that I'll probably have to do quite a lot of negotiations with them!

[ajs444]

Subbing to this one, have Collect Direct and now Fredriksson chasing me for my account, though default charges make up 66% of the total balance.

[ajs444]

Now had nice letter from Bryan Carter saying they recommend court action, even though Fredriksson are still phoning me.