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    • well the only way now to get it removed is via a set aside cost £255.   even paying the CCJ and it being marked as satisfied will not sadly improve his credit file nor prevent it poss killing any credit for the 6yrs it will show on his file for regardless to payment.   TBH: there would have to be something seriously wrong for a set aside to succeed  location of the car park might help us at the least.    
    • I had  a 5yr fixed rate mortgage with Norwich & Peterborough before they merged YB. I was to pay £585.27 Per month for 60 months fixed @ 5.85%.   first year ok,   for the following three years as their SVR increased so did my mortgage; £589 1st increase 2nd increase £595, 3rd increase £599. Along with the increases I was also charged late fees etc. from 2008 onwards.   I did receive a letter due to the enquiry into their fees but that only refunded from 2009, where I had been incorrectly charged after one month in 2008, plus the charges wern’t consistent with the £25 they allege to charge sometimes i was charges £32.50. I know the increases are not considerable however with them increasing the mortgage due to their SVR increases did they  1.    breach the terms & conditions of the mortgage contract. 2.    switched my mortgage to a SVR.   Any ideas appreciated.  
    • Thanks Dx, I’ll have to ask him if he wants to go any further and tbh I’m not sure he has anything kept, the claim form, etc. I’ll ask him tomorrow and see what he says or has.
    • opps no outside of the 33 days he had to pay it for it not too show sadly.   we are going to need far more info than what we have here now to even think of suggesting a set aside. this is compounded by the fact hat you say he totally ignored everything inc the claimform?   oh well time for you to get scanning. scan everything he has please  every letter, the lot.   one good point is we only need the front page of the claimform..not the complete pach from northants bulk.   please makes sure you redact things properly but leave times and dates etc. just remove his pers details, reg/pcn/ref numbers and any bar or QR code boxes. read upload  put everything in ONE MULTIPAGE PDF FILE ONLY please     the sad fact here is premier haven't ever won any CCJ's when cases are defended. they run away.
    • in their WS they state its a recon, [pages 1-10] urm something smells here for this to happen for an online 2012 signup.   pages 1+4+5 appear to be missing??   need to discover whats going on here  so scan up the pages 1-10 as clear non blurred uploads no good to us if we can see them   if you need to send them via the secure email then do so and i'll do it. but we need to see the text of all 10 pages very clearly to workout what they have done..   its better you look stupid infront of us than lose another case infront of a judge.  you only waste the forums time when you don't follow what has been already advised  esp when it runs the clock closer to a deadline - its 3 weeks we've been waiting for these docs now and what do we get..mostly blurred uploads we cant read...
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Alexandra Slater -v- Egg Banking Plc

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Alexandra Slater -v- Egg Banking Plc - judgment 9 August 2010.

 

Has anyone got any news on this one - apparently it seems that it has gone in Egg's favour, the case is apparently unreported so how does one go about obtaining a copy of the same. Any help appreciated.

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Alexandra Slater -v- Egg Banking Plc - judgment 9 August 2010.

 

Has anyone got any news on this one - apparently it seems that it has gone in Egg's favour, the case is apparently unreported so how does one go about obtaining a copy of the same. Any help appreciated.

 

On another forum it's reported that the client changed their story when on the stand and this was a different story to what they had told their legal team and counsel.

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what website is that? would like to read it, or can you cut and paste for us?


Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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Zzzzzzzz


 
 

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Posted this earleir today ...

 

Egg CCards - Approved limit v Credit Limit - Judgement .. not yet published

 

 

Hi all

 

I know that a lot of people are waiting for this, and that PT has said that he won't be putting the Judgement on here following a slight falling out...

 

Apparently
Egg
link3.gif
when now being challenged by a Debtor on the Approved v Credit Limit - have responded with this ...

 

"We note your reiteration of your argument in relation to the use of the term "Approved Limit". You allege that we have failed to comply with section 61 of the Consumer Credit Act 1974 (the CCA) by failing to include all of the terms prescribed by schedule 6 of the Consumer Credit Act (agreement) Regulations") on the basis that the credit limit is described as the "Approved Limit". This allegation is incorrect. The form of agreement used by Egg contains all of the relevant information prescribed both by Schedule 1 and by Schedule 6 of the Agreement Regulations. "Approved Limit" is specifically defined in Condition 1.3 of your agreement as the amount you can borrow from time to time on the account and is therefore clearly understandable. There is no requirement under the CCA to use a particular term or phrase when describing the amount of credit. The description of the credit limit complies with paragraph 8(b) of schedule 1 of the Agreement Regulations.
This has been confirmed by the High Court in Alexandra Slater v Egg Banking plc (9 August 2010, high Court, Mold District Registry, unreported
)
. "

 

Case No: 9CC00161/MC684

 

Sure someone will post up the judgement when published, but thought it worth posting this for those who are waiting on this aspect of their CCA to see if it could be challenged.... I know there will now be a lot of disappointed bods .. (believe there's no appeal to be lodged)

 

(also thanks to the individual who provided me with this info....)

 

Abs xx
:Cry:

 

 

 

  • Confused 1

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Thanks Abby.


Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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I would strongly urge everybody to wait until the actual judgement is available, before accepting anything Egg or any DCA say regarding this case. It wouldn't be the first time that Banks and DCA'S have tried to pick the bits out of a judgement that suits them. We need to see the actual details before everybody decides that the approved limit isn't worth pursuing. Also I beleive that this case dealt with some other issues and we all need to know the details of these to see whether theres other avenues to Pursue.

Take Care

Jon

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This has apparently been confirmed by PT on another site Jon.

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This has apparently been confirmed by PT on another site Jon.

 

Which other site?

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Its also on another site where there are quite a few ex-CAGers inc PT and PeterBard.....don't feel it appropriate to mention it on here. Maybe you'll stumble on it like I did if you do a google on credit related issues.

 

Point to note - he hasn't posted the whole case transcript Jon if thats what your searching for ... I thought the main argument of that case was the approved v credit limit statement ... what else was being challenged? I'd be interested to know as I have an Egg card myself.

 

Abs

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Its also on another site where there are quite a few ex-CAGers inc PT and PeterBard.....don't feel it appropriate to mention it on here. Maybe you'll stumble on it like I did if you do a google on credit related issues.

 

Point to note - he hasn't posted the whole case transcript Jon if thats what your searching for ... I thought the main argument of that case was the approved v credit limit statement ... what else was being challenged? I'd be interested to know as I have an Egg card myself.

 

Abs

 

Hi Abby, yep i've found that site, looks like the approved limit issue is lost. I could be wrong but I thought various other Egg issues were also part of this case. Might be better if they weren't as that will leave another route open,

I'll PM you later with the other issues when i've checked them out again.

Take care

Jon

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Great you found it ...

 

I know what a bummer on the approved limit ... but as you say there may be more than meets the eye on it ..

 

I haven;t requested a copy of my agreement yet .. is in a reduced payment agreement with Cabot who bought the debt... but I've trawled through my DN from Egg and can't spot any flaws .... yet .. !!

 

Think I'll request the CCA from Cabot and see what comes up ..

 

Abs x

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Excuse my ignorance but it seems everybody knows about this 'other forum' but me ... Is it MSE by any chance? I really dislike that site, rubbish layout and full of self-appointed moral high ground occupants ... If someone could PM me a link to the relevant thread I'd be most grateful.

 

Also, why is there not more discussion on here regarding the Egg issue? The 'Egg Banking Plc.' thread has disappeared, and I can't find any other threads discussing the future of 'Approved Limit' Egg victims. Have people given up? What is going on??

 

Regards

 

ph

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That thread was eggsecuted


Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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Hi,

 

Without sounding too thick!!....how does this change the position re Prescribed Terms on Egg agreements?

 

I was waiting for a reply to my Account In Dispute letter which i sent to Egg 6 weeks ago. Received a reply yesterday with ref to Slater v Egg and also Waksman.

 

Can post the letter is it is of interest.

 

Thanks

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I really don't know why all discussion seems to have died, following this ruling. There must be hundreds if not thousands of Caggers out there with 'Approved Limit' Egg agreements, who would like to know where they stand now. The old (long removed) Egg thread had other knowledgeable people posting on it, not just pt and PB - where are they??

 

I'm beginning to think that some sort of censorship has been put in place - this silence is very worrying indeed.

 

ph

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I really don't know why all discussion seems to have died, following this ruling. There must be hundreds if not thousands of Caggers out there with 'Approved Limit' Egg agreements, who would like to know where they stand now. The old (long removed) Egg thread had other knowledgeable people posting on it, not just pt and PB - where are they??

 

I'm beginning to think that some sort of censorship has been put in place - this silence is very worrying indeed.

 

ph

 

Older threads often lose their ability to attract new postings.

 

Why not start a new thread complete with eye catching title to rekindle the debate?

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probably because we all know that going to court is pointless because the system just grinds debtors down regardless.


Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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