The Egg Counterclaim

[NitrousOxide]

Hi,

If you are not behind on payments, don't have a default and your account is in good order it is as far as I can see unlawful for egg to issue a counterclaim.

You have to at the very least defaulted before a creditor can take action.

[MARTIN3030]

You are correct.

Under their terms and cond they are allowed to withdraw banking facilities on notice,but could not issue default without first giving you chance to repay it.

 

[Mistermind]

What concerns me is that I have not seen one single report of reclamation success against Egg on CAG, not even from cardholders in a strong position, i.e. without arrears or default notice, and so immune from a counter claim.

 

If Egg alone of all institutions went to the extreme of wrestling with their regulator the OFT, to get the £12 maximum raised to £16 for Egg alone, they are obviously determined to fight all claimants tooth and nail to the last drop of albumen. Sam1 posted that Egg Card has been losing money for some time, and that they are fighting for their own survival. If true then it's about time we help this bloodsucking Egg to go under.

 

Against Egg I believe joint action is called for. The most articulate writers, the best legal brains come forward, all others pick up the battering ram, and on the count of three we'll show them.

[DazNorthants]

Surely if they withdraw credit facilities then the terms and conditions of the Consumer Credit Act can't apply? Then they could issue a default. How can they default a credit agreement that doesn't exist?

 

I think Egg are just trying it. They have court soon with a couple of cases lets see what happens. It will be interesting. They have interpted the OFT report as suits them. Courts might see if very different. Yets see if they are prepared to show their hand at Court. I doubt it as £16 might soon become £1.50p

[moose53]

I sent my SAR to Egg yesterday - in arrears and account passed on to debt recovery. Wish I'd read this thread first, I might put my claim on hold.

[DazNorthants]

Depending how much the debt is and the charges you can advise debt recovery people the debt is in dispute. That will mess them up.

[moose53]

Yes have done that. Sorry for hijacking thread.

[NitrousOxide]

I wouldn't put it on hold as they could well end up paying more than you owe.

[livelylad]

i agree lets lance the Egg, has anyone got any cash from these Yolkers? i am going to issue my MCOL today.