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    • Yes, my initial view is that @unclebulgaria67 is probably right and that because it was a magistrate's warrant, it would be the energy company that would have been in control of the situation directly. Unfortunately this will be much more difficult to deal with then dealing directly with Marston but anyway if you give us your details as requested, we can at least get Outlook from that direction as well. I'm also wondering about the position of your landlord in this. As you have taken up a tenancy in a particular property then I would have thought that one of the terms of the tenancy would be that you should be entitled to quiet enjoyment. Although the landlord may say that it is not their fault and it is down to the previous tenant, at the end of the day you have a contract with the landlord who has certain responsibilities. I think we may consider involving the landlord in this as well. You say that there have been letters addressed to the previous tenant. What have you done with those?
    • Yes please. We have certain direct access to Marston and we may be able to get someone to look at this at a senior level. Please email us as requested with your own contact details and name of previous tenant.   We can't guarantee any particular result but we can promise you that it will be looked at.
    • they say in letter dated 20/01/20 that the agreement was terminated on 30 July 2017 and cannot be terminated twice, so your VT request is invalid. startline issued termination or Default notices on the following dates: letter: 30/03/2017 termination notice  liable for payment: arreaers to date : £365.38 the balance of: £10,586.50 total: £10,951.88 7 days notice else ROG+sums outstanding. ....................... Letter: 11/12/2017 Default Notice nature of breach: instalments of £211.73 due 30th each month. action to remedy: payment of arrears £449.23 by 30-12-17 other info: payments to date: £5226.91 outstanding: £9351.89 less rebate: £2251.41 Amount Due: £7100.48 if you act before 30-12-17 and have paid £7056.90 you can VT. ............ Letter: 27-07-2018 Default Notice refs a dn dated:31/05/2016 - there is no such DN in an SAR return. nature of breach: instalments of £211.73 on 30th each month. action to remedy: payment of arrears £226.73 by 15-08-2018 other info: on or after date 27-07-2018 we shall terminate,withdraw possesion and recoversums due upon termination. total paid: £6250.91 outstanding: £7647.28 less rebate: £1590.47 Amount Due: £6065.81 if you act before 15-08-18 and have paid £7056.90 you can VT. ........................  letter: 01-10-2018 termination notice  liable for payment: arreaers to date : £325.06 the balance of: £6079.75 total: £6404.81 7 days notice else ROG+sums outstanding. ……………………...     NEW ORDER STATEMENTS.pdf Doc1.pdf
    • thank you.   have you had issues paying credit before you took any of these out?   i'e were you keeping a good handle upon your credit file and it wasn't shot with any defaults or payment markers during the period when you applied and were successful in getting any of this additional credit?   my thoughts are ...should the above not be the case and your credit worthiness was good... so couldn't p'haps introduce some irresponsible lending complaints in association to them … it might be an idea to give all your creditors the heads up that times are hard and you wish them to help you, as they are duty bound to do, by freezing interest and any penalty fees to allow you to ride out this present financial hardship till things improve ...   how does that sound...   dx  
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QC15

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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Any news anyone?

Stripper

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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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Sound advice.

Stripper

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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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It's on legal seagulls

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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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What a let down!

Stripper

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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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Totally agree,whats happening?

Its gone dead,why?

Stripper

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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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