cakeprince taking on egg

[cakeprince]

I have two issues with Egg and would love any advice people can offer.

 

Firstly, I have charges. Total charges (late payment and exceeding credit limited ) plus interest is over £1200 from 2003 to 2009. I have written to them to reclaim everything as a starting point (not just the difference between that and the £12 per charge). They have offered me £126 so far.

 

Secondly, from reading this forum I now realise the CCA may not be right as it was issued in late 2002 or early 2003.

 

 

Questions are:

What exactly can I claim for if the CCA is not enforceable?

Is there any issue with the fact that I have paid off this card and closed the account?

What is the time frame for them to have to reply with the CCA if I request it?

Who is the postal order to made to? Just egg?

 

Thank you in advance for any help you can offer. I got £1500 bank on bank charges a couple of years ago thanks to the info I got from this site and will (once again) donate 10% of whatever I get back to keep this site going.

[Mistermind]

I have two issues with Egg and would love any advice people can offer.

 

Firstly, I have charges. Total charges (late payment and exceeding credit limited ) plus interest is over £1200 from 2003 to 2009. I have written to them to reclaim everything as a starting point (not just the difference between that and the £12 per charge). They have offered me £126 so far.

 

 

It is probably easier to reclaim penalty charges from Egg than anybody else. Hard-up Egg now talk tough, but will give in when they believe you are determined and confident and ready to file an N1 court claim. It's been done before successfully, 117 times. Use Mock1982 template letter from 30APR2007. It is bargaining, like the kasbah. Egg has nothing to lose by trying to bluff it out -- nothing unless you haul their £1,000-per-day barrister into court. Good luck.

 

Best be quick about it before something else goes wrong. 2003 charges are in 2010 already beyond the 6 years Statute of Limitations. With every passing month you may lose more charges for reclaim. Some believe a criminal case could be mounted against Egg to overcome the 6 years limit -- no comment.

 

http://www.consumeractiongroup.co.uk/forum/egg/53376-e-day-victory-over-5.html

[cakeprince]

Thanks for that, I will keep on at them.

 

What about the CCA issue. I have read the OFT's report from a couple of weeks ago and it strongly suggests that once the balance has been paid and the account closed I am facing a serious brick wall on this one.

 

Would you say that's the case?

[Mistermind]

Reclaim of penalty charges is not affected by closure of the account with zero or nonzero balance. There are many precedents about this, and i have never heard of any card company resisting charges refund on the grounds of previous account closure.

 

The OFT issued a draft guidance, with an official guidance to come in April, after more Test Case verdicts come in. Their draft guidance already made clear the activities which the OFT do not support.