Egg taking me to court - terminated agreement!

[aj_smith68]

Hi everyone,

 

I have tagged onto an older post and already had some good advice but looking for a bit more information and advice from people who may have already been through what I have.

 

In a nut shell, I was one of the 160k of people who had their agreements terminated by egg, not in default. I have two cards with egg. I complained to them on a number of grounds:

 

1. They couldnt terminate it

2. If they had they forfieted all rights

3. About PPI

 

In relation to point one and two my complaint was dealt with by their highest complaints dept and the chief execs office. I continually asked them for justification in terminating the agreement, what legal right they had to still entitle tem to claim etc etc. I asked many questions. In July 09 they made a final response to my complaint where they said they would no longer discuss the issues as they felt it had been dealt with. I cointinued to write, to no response. All communication stopped, as did my payments. It went quiet from them and I heard nothing until about Jan 2010 when I started getting the usual harrasment from Fredrick Int and Bryan Carter Solicitors. I tried to speak with them on a number of occasions by giving them my reference number but they wanted loads of personal details which I refused to give them so they wouldnt talk about my account. However I did make it clear there was no agreement. Then on Friday I received some Northampton County Court papers for one of my egg cards.

 

In relation to complaint point 3 Egg admitted that they wrongly applied PPI to my cards and said they would refund the amount (with no interest) to my egg cards. I said that was not acceptable, I wanted a cash refund and also with statutory 8% and the card interest. When communication stopped in July 09, I could no longer argue this point.

 

A couple of questions:

 

Anyone on here who had their agreement terminated (one of the 160k)who was served with court papers?

If so, what did you respond? And were you successful?

I intend to defend on the basis that they terminated the agreement in 2008 and therefore there is no agreement in place.

 

Also, they have only served papers on one card, what should I do to nip it in the bud with my other card??

 

Any advice would be really appreciated, particularly if someone has been through this before.

[andydd]

Hi everyone,

 

I have tagged onto an older post and already had some good advice but looking for a bit more information and advice from people who may have already been through what I have.

 

In a nut shell, I was one of the 160k of people who had their agreements terminated by egg, not in default. I have two cards with egg. I complained to them on a number of grounds:

 

1. They couldnt terminate it

2. If they had they forfieted all rights

3. About PPI

 

In relation to point one and two my complaint was dealt with by their highest complaints dept and the chief execs office. I continually asked them for justification in terminating the agreement, what legal right they had to still entitle tem to claim etc etc. I asked many questions. In July 09 they made a final response to my complaint where they said they would no longer discuss the issues as they felt it had been dealt with. I cointinued to write, to no response. All communication stopped, as did my payments. It went quiet from them and I heard nothing until about Jan 2010 when I started getting the usual harrasment from Fredrick Int and Bryan Carter Solicitors. I tried to speak with them on a number of occasions by giving them my reference number but they wanted loads of personal details which I refused to give them so they wouldnt talk about my account. However I did make it clear there was no agreement. Then on Friday I received some Northampton County Court papers for one of my egg cards.

 

In relation to complaint point 3 Egg admitted that they wrongly applied PPI to my cards and said they would refund the amount (with no interest) to my egg cards. I said that was not acceptable, I wanted a cash refund and also with statutory 8% and the card interest. When communication stopped in July 09, I could no longer argue this point.

 

A couple of questions:

 

Anyone on here who had their agreement terminated (one of the 160k)who was served with court papers?

If so, what did you respond? And were you successful?

I intend to defend on the basis that they terminated the agreement in 2008 and therefore there is no agreement in place.

 

Also, they have only served papers on one card, what should I do to nip it in the bud with my other card??

 

Any advice would be really appreciated, particularly if someone has been through this before.

 

Did they not sell the debt onto Apex first ?

[aj_smith68]

No it went to Fredericson International and then straight to Bryan Carter.

[MandM]

Hi AJ.

 

Have you sent back the AOS yet? What's the date on the claim form?

 

M

[aj_smith68]

M

 

I havent replied to anything yet I was going to do it this evening. I gather that once I state my intention to defend and reason this is then sent back to Egg for them to consider their position, which I believe they have 28 days to do. I am literally going to do that tonight I just have to check the exact date of the termination letter from Egg. Date of claim is 27 May 2010 so I have effectively 19 days from that date but am going to submit it earlier. I am still unsure whether this is a fishing expedition from BC, hoping that I will not defend as I have not acknowledged their correspondence in writing.

 

I am merely going to state that there is no contractual agreement between myself and Egg as they terminated outside of the provisions of the CCA(Toy maker suggested this). Do you think I need to put anything else or do you have any other advice?

 

Thanks

 

AJ

[The Mould]

What was the legal excuse that EGG used to terminate the agreement?

 

Kind Regards

 

The Mould

[The Mould]

Breach Of Contract by EGG.

 

Kind Regards

 

The Mould

[aj_smith68]

They have not offered an explanation beyond the usual credit profile blah blah. They allege that a term in their t&cs allows them to do this. I repeatedly asked what aspect of the CCA allowed them to do this and they point blank refuse to answer the question. It was at this point they refused to discuss the matter any further.

 

There was no default from me as DD was set up. They only defaulted me after they terminated the agreement and I refused to pay as there was no longer a binding contract in place.

 

Has anyone else received a claim form like this under the same circumstances?

I am still unsure what to do about my other card. Should I send a letter to Bryan Carter?

[The Mould]

They have not offered an explanation beyond the usual credit profile blah blah. They allege that a term in their t&cs allows them to do this. I repeatedly asked what aspect of the CCA allowed them to do this and they point blank refuse to answer the question. It was at this point they refused to discuss the matter any further.

 

There was no default from me as DD was set up. They only defaulted me after they terminated the agreement and I refused to pay as there was no longer a binding contract in place.

 

Has anyone else received a claim form like this under the same circumstances?

I am still unsure what to do about my other card. Should I send a letter to Bryan Carter?

 

 

Hello aj smith,

 

Can you post up the agreement and all of the terms and conditions for us to have a look at, removing your personal details of course.

 

Kind Regards

 

The Mould

[aj_smith68]

***UPDATE***

 

So I put my defence in as suggested by Toymaker (thank you for all your help) and got letter back from the bulk centre saying that I could now negotiate with BC/Egg and if they do not pursue the claim within 28 it is stayed and they will need permission from the court to pursue the claim at a later date.

 

I sent the letter suggested in relation to both cards I have, amending one slightly to accomodate for the fact they have not yet tried to take one to court. I have had a response (automated, clearly..) which I am not sure it is in direct response to my letter...it is difficult to say.

 

Basically the letter enclosed a bunch of statements from almost 2006 (no CCA enclosed although I already have requested this a while ago for both cards) and the letter says:

 

Dear Sir/Madam - Find enclosed statements which prove your liabilty for the account claim. Please now contact us within the next 10 days to arrange payment of this debt or we will persue our claim.

 

The statements are dated on this month and addressed "Dear Aaron" as if I ahve requested them, which is very bizarre, because I clearly havent!! Also, the statement from July 2009 shows a "charge off" on the account, which I have since discovered is not a good thing from a credit file prospective!! I had no idea they could do this or even had done, they certainly didnt tell me, they simply ignored me after I complained.

 

I am halfway through another letter to BC which I will probably cc into Egg as well. Basically reiterating that I dont owe them anything.

 

My main objective is to get them to go away and hopefully clear my credit file...how can I do this?? Do I ahve to play hard ball and put in a claim to against them to scare? Seeing as I have a charge off on my credit file now this seems so pointless, there doesnt appear a great deal of difference between this and a CCJ. What I really want is to get confirmation that they will leave me alone, debt cleared or not owed and to clear credsit file...? Any advice gratefully accepted.

[aj_smith68]

Have now received allocation questionnaire from court. Urgent advice required please. What do I need to do?

 

Do I have to ask Bryan Carter to provide documents to me such as copy of agreement? Do I ask them for copy of the letter terminating the agreement? Or shall I send them a copy? Or does it need to be attached to the allocation questionnaire?

 

Thanks

[aj_smith68]

**UPDATE**

 

Looks like the letter they sent out with all the statements was a computer generated thing because now they have sent out a letter thanking me for my recent correspondance and saying that the account is now on hold and that they are going to contact Egg for further instructions.

 

If they do not press forward with the court before the 28 days expire it will be stayed by the court tho? As I understand it....?

 

Anyway, wait and see what comes of it...and will update people as I get responses. Any further advise is still welcomed.

[toymaker1]

**UPDATE**

 

Looks like the letter they sent out with all the statements was a computer generated thing because now they have sent out a letter thanking me for my recent correspondance and saying that the account is now on hold and that they are going to contact Egg for further instructions.

 

If they do not press forward with the court before the 28 days expire it will be stayed by the court tho? As I understand it....?

 

Anyway, wait and see what comes of it...and will update people as I get responses. Any further advise is still welcomed.

 

Hello AJ,

 

What was the outcome of your case?

[aj_smith68]

Hi Toymaker

 

Apologies for delay. Recently underwent telephone mediation which was a joke. Solicitors acting were not prepared, had not read my defence stating they had no knowledge of something contained within it. They did not tell the middle man they had terminated my agreement twice. They have no record of a default notice only screen shot saying it was sent. They also cannot provide evidence of a second termination letter. Both documents requested by court and neither provided. Interestingly, I asked what their response was to the fact that the agreement had been ended and they cannot terminate twice. Answer: Cannot comment I need to take legal advice. They are a solicitor!!!

 

Waiting for court date.

 

Thanks

AJ

[toymaker1]

Hi Toymaker

 

Apologies for delay. Recently underwent telephone mediation which was a joke. Solicitors acting were not prepared, had not read my defence stating they had no knowledge of something contained within it. They did not tell the middle man they had terminated my agreement twice. They have no record of a default notice only screen shot saying it was sent. They also cannot provide evidence of a second termination letter. Both documents requested by court and neither provided. Interestingly, I asked what their response was to the fact that the agreement had been ended and they cannot terminate twice. Answer: Cannot comment I need to take legal advice. They are a solicitor!!!

 

Waiting for court date.

 

Thanks

AJ

 

Their behaviour sounds very familiar.

 

Let us know how you get on.

[aj_smith68]

Egg beaten!

 

Having not heard from anyone for a while following mediation decided to follow up call the mediators. They have since told me that Egg wrote to the court on 5 May ending their claim and saying the dispute is now settled. I am in the process of contacting the court to get a copy of this letter for my file.

 

But a good result anyway. Thanks for all the help and advice people gave me. I will post update of contents of letter when I receive it.

[toymaker1]

Egg beaten!

 

Having not heard from anyone for a while following mediation decided to follow up call the mediators. They have since told me that Egg wrote to the court on 5 May ending their claim and saying the dispute is now settled. I am in the process of contacting the court to get a copy of this letter for my file.

 

But a good result anyway. Thanks for all the help and advice people gave me. I will post update of contents of letter when I receive it.

 

 

Congratulations.

 

Well done. Your persistence seems to have paid off!

 

Your result might help many others in a similar situation.

[AndyOrch]

Well done AJ & Toymaker case discontinued.

 

Regards

 

Andy:wink: