Egg - County Court Summons - could anyone help please?

[N.P]

Heh heh, nice one SS, sounds like you have a Mexican standoff.

 

Let them withdraw first, on condition that they put it in writing that they give up and pay up your PPI and will never bother you again.

 

They may just sell it on to some other bunch of clowns, who will then start bugging you. I`m sure you`ll have a dodgy dispute letter, ready for the next lot?

[Sunshine54]

morning,

I'd rather have them over a barrel than have a standoff - if you know what I mean.

 

Just gauging the strength of my position really and would appreciate input from anyone who could advise

many thanks

S

[militantconsumer]

I don't understand this. Surely if they withdraw their claim then the case would be struck out automatically???

[Sunshine54]

hi Militant

 

I have counterclaimed for missold PPI and interest so they want me to withdraw that.

 

If they withdraw then my claim can still proceed (I believe)

regards

S

[militantconsumer]

How big is the PPI counterclaim relative to the size of their claim? (sorry if this is answered earlier in the thread)

[MAGDA]

Sometimes it is better to take the olive branch they are offering. If you still proceed with your own "claim" they are unlikely to withdraw theirs. As mentioned by Militant, if the PPI isn't that huge, sometimes it is better to take the chance to reach a compromise. After all, you could pursue this, and it may come back to bite you, i.e., you may lose in court and face substantial costs as a result - it is very much down to the judge on the day a lot of the time. Personally, I would accept their offer once I had checked that the balance was being written off. With Link, they offered to discontinue and a condition was that I couldn't claim costs (it was on the fast track) but that was a small price to pay to have the whole matter resolved without the stress of a further court hearing, which may not have gone my way.

 

Magda

[militantconsumer]

Well, I'm actually assuming the PPI might be quite big compared to the Egg court claim. Big enough for them to worry about it.

 

I agree with Magda about trying to settle. Some people enjoy big fights and trying to beat banks in court, but most of us just want a quiet life.

 

I key thing must be the terms of the deal. I would be expecting at least:

1. balance written off to zero and marked as fully satisfied on credit files

2. undertaking not to take further action in the future

3. undertaking not to resurrect the balance and pass it onto any third parties

 

You might also be able to get them agree to remove any default still on your files. If this has happened fairly recently then remember that it will stick around for 6 years and prevent you getting credit elsewhere.

 

A term they probably want to impose on you is confidentiality. If it enables you to get everything else then go for it. It will be a disappointment to us not to hear the final result, but we can make our own assumptions when you come back on here and say "I can't comment any further but I am very happy".

[Sunshine54]

hi Magda and Militant

 

many thanks for your input. It's almost like 'a bird in the hand...' isn't it?

 

I think that I'm uncertain due to them failing to comply with the directions which suggests that a strike out application from me will succeed.

 

I'll consider very carefully but really do appreciate your comments - thank you

[MAGDA]

Hi Sunshine, one other thing to consider is that if you do continue with this in the hope of claiming back PPI etc, if their claim is struck out, there is nothing to stop them getting it reinstated again - this happened to me on two claims by Link, they went back to court and basically gave the judge a sob story, and it was all back up and running again. For one of the claims I had to go to court twice for hearings, the second time the judge ignored all of my arguments and reinstated. I believe this is pretty common. In the end, Link discontinued and I accepted.

 

Magda

[Sunshine54]

There are such complications and possibilities aren't there. bit like a game of poker so need to understand the odds.

thanks again

S

[N.P]

As well as requesting the removal of Defaults, you also require the removal of all entires relevant to this particular account.

 

There will probably be other entries, such as Late Payment, Missed Payment, Balance Outstanding, etc..

 

I`ve noticed Egg are bombing my account with Missed Payment every month. I think the lists gone off the screen now.

 

All these other `markers` are probably more damaging than one Default.

 

Good luck with whatever you decide

[Sunshine54]

hi N.P.

many thanks for your advice and support.

I haven't actually checked my credit file so probably a complete mess.

best regards

S

[MandM]

haha M you like a fight

Not particularly. But decided to go on the offensive with the defence - will certainly give them a run for their money. On the downside it's more likely that i'm going to be up against a half decent barrister rather than the office junior but i'll make a go of it as best i can

 

M

[militantconsumer]

I guess the phrase "adverse credit history" would cover all defaults, late payment markers, etc. I'm not sure asking for the whole account to be removed, as if it never happened, is a good thing. Isn't it better to have credit on your files? Isn't it harder to obtain credit with no record of any credit in the past?

[MAGDA]

How much is Egg's claim for Sunshine? I believe it's pretty big isn't it?

 

Magda

[Sunshine54]

hi Magda

the Egg claim is over £17k and the loan related PPI counterclaim (for 2 loans) is £10k plus interest.

S

[militantconsumer]

It might interest you to know that when we recently made a complaint about PPI on Egg loans (1 loan plus 2 top ups on the same account) we got a refund back in less than two weeks.

 

This presumably means that Egg have decided they don't have a leg to stand on regarding their loans PPI.

 

And so they are probably worried about your counterclaim for the same reason.

 

This might be a useful thing to bear in mind when negotiating.

[Sunshine54]

Hi Militant,

 

thats really helpful thanks very much

 

well done!

regards

S

[JonCris]

It might interest you to know that when we recently made a complaint about PPI on Egg loans (1 loan plus 2 top ups on the same account) we got a refund back in less than two weeks.

 

This presumably means that Egg have decided they don't have a leg to stand on regarding their loans PPI.

 

And so they are probably worried about your counterclaim for the same reason.

 

This might be a useful thing to bear in mind when negotiating.

 

Yes but refund of what ........... Just the payments or the payments + the interest they added or ............ payments + the interest added they added PLUS your interest your entitled to charge for them using your money obtained unlawfully

[militantconsumer]

Yes but refund of what ........... Just the payments or the payments + the interest they added or ............ payments + the interest added they added PLUS your interest your entitled to charge for them using your money obtained unlawfully

 

Indeed.

 

We are following up with precisely those questions (plus a few more). See here for further details:

http://www.consumeractiongroup.co.uk/forum/egg/174507-militant-consumers-friend-egg-6.html#post2588457

 

It does show they're on shaky ground though. They put up less of a fight than they did with refunding their late payment charges.

[MAGDA]

hope it all works out for you, whatever you decide.

 

Magda

[Sunshine54]

Good evening all

 

just a brief update

 

I refused the offer

 

They came back with the same offer but added a few thousand pounds which they will pay by cheque.

 

just deciding what to do

regards

S

[MARTIN3030]

It might interest you to know that when we recently made a complaint about PPI on Egg loans (1 loan plus 2 top ups on the same account) we got a refund back in less than two weeks.

 

This presumably means that Egg have decided they don't have a leg to stand on regarding their loans PPI.

 

And so they are probably worried about your counterclaim for the same reason.

 

This might be a useful thing to bear in mind when negotiating.

 

 

Well its not too much of a suprise;

 

Egg fined £721,000 and will compensate PPI customers

[Sunshine54]

morning Martin

 

many thanks for your comment. I had read that post and the article about the penalty.

 

Maybe I had underestimated it's impact on my own case.

regards

S

[caro]

hi Magda

the Egg claim is over £17k and the loan related PPI counterclaim (for 2 loans) is £10k plus interest.

S

 

Good evening all

 

just a brief update

 

I refused the offer

 

They came back with the same offer but added a few thousand pounds which they will pay by cheque.

 

just deciding what to do

regards

S

 

Yes but refund of what ........... Just the payments or the payments + the interest they added or ............ payments + the interest added they added PLUS your interest your entitled to charge for them using your money obtained unlawfully/quote]

 

I think JC says it all. Are they offering all of this back?

 

There must be very good reason for them making you generous offers and then increasing them. Could it be that you have a case against them, and they don't against you so don't want to go to court.

 

Forgive me, but I haven't read your thread in full due to the fact I was about to log off, but if you've got them on the run like this, then make sure that you get the full amount of your counterclaim, including interest, removal of adverse credit date, written confirmation they won't try and claim again or pass it to a DCA for collection.

 

Someone mentioned a confidentiality clause. If they want that you can put what price you like on it, but it would cost at least a few grand to buy my silence. Offers to settle should be unconditional, so if it isn't just tell them you'll see them in court.

 

It really is a case of who blinks first from what I've read.

 

This is just an opinion based on a very scant look at a few of the posts and no legal experience, so consider your options carefully, because I expect you're aware of the cost implications of a claim of this size.