Egg

[Movingon]

No, it's just saying that you don't owe them the money that they're asking for in their counterclaim.

[maddyrose1664]

Right. Dropped in my defence and questionnaire by hand last Friday. Just need to wait for a date now I guess. I wonder how far Egg are going to take this. In their questionnaire they said they are going to call an expert witness!! Anyone fancy coming to court with me?!!

[jonni2bad]

.... they are going to call an expert witness!!

 

Maybe they just mean a really devout Jahovah witness?

 

I don't think you'll see the inside of a court room, but who knows....

[maddyrose1664]

I have recently been trying to get Egg to tell me how charge refunds would appear on my statements if there were ant because in their defence against my court claim they gave the impression that they had refunded some.

 

I have found out today that sometimes when they refund charges it shows on our statements as "SALES REVERSAL". So, having gone through my statements again, I have found 2 "SALES REVERSALS". Also, at the end of April, they have refunded me 2 overlimit charges. That means they have already given me back £80.00. My court claim is only for £120.00 so now they only owe me £40.00.

 

How is this going to look in court?

 

Firstly, why the hell describe a refund as a sale reversal one minute and then as an overlimit charge refund the next?

 

I think they were going to make look a prize pillark in court, knowing full well that I wouldn't have picked up on the "sales reversal".

 

I want to write a letter to them to see if they'll refund the remaining £40. ANy suggestions on how I should word it?

[jonni2bad]

Sorry about the delay, site crashing etc -

 

You are now advised to write to Egg (or their solicitors) and agree with their figure - let them know you will drop the case in return for a £40 + costs settlement. Do not end your claim.

 

Let is know what happens from there

[maddyrose1664]

Right, I've written to Egg's legal team about the fact that they've refunded some charges after the court case started and I haven't heard anything yet. I haven't heard from the court either so not sure what's happening at the moment. No doubt I soon will!

[maddyrose1664]

I went home for lunch today and in the post was a particularly nasty reply from Egg.

 

"If we read your letter of 9th June correctly you are making us an offer whereby we give you everything you want, and you, in return, drop your claim against Egg. Gratifying as that result may be for you, it is hard to see any advantage for us - and it rather begs the question of what happens with our counterclaim against you.

 

Let us, therefore, turn to the Counterclaim.

 

On or about 26th April 2006 Egg entered into an agreement with you whereunder you agreed to repay at the rate of £1 per month (and Egg agreed to accept) the sum of £865.46 (eight hundred and sixty five pounds and forty six pence) being the outstanding balance on your credit card issued by Egg, and Egg agreed to further suspend interest accruing on the same.

 

It was a term of the agreement that you should pay to Egg the sum of £1 per month. As of the time of writing no moneys have been received, and you are now accordingly in breach of the agreement.

 

Please take this letter, therefore, as notice of recission of the agreement by reason of your breach of its terms as aforesaid. In absence of immediate repayment of £888.16 Egg will seek to recover the same plus any accrued interest to which it is entitled as a part of the Counterclaim.

 

We note that you have failed to serve any defence to the Counterclaim and we therefore reserve our rights to seek a default judgement under the Counterclaim for all amounts outstanding plus our costs.

 

It follows, therefore, (to the extent that it is not clear from the paragraphs above) that we must reject your offer to settle entirely on your terms. We are, for the record, prepared to discuss settling this matter with you (with no admission of liability), but we are equally prepared to defend our stance vigorously if necessary."

 

I would just like to clear a few points up but first, what an arsehole!! I would like nothing more shove his letter up his aforementioned!

 

1) What the hell does recission mean?

2) I have forgotten to pay the £1. Whoops!

3) I have defended the counterclaim and he's talking out of his bum.

 

Is it really necessary for them to take that tone? He must think of me as something he stepped in and I'm bloody furious.

 

Can someone help me write a clever, long worded letter back to him please? Also, I had a thought. With my Halifax winnings I could pay off the card just leaving what they owe me on there. I don't want to do that but I will if it makes my case stronger. They wouldn't be able to counterclaim then would they?

[Movingon]

1. It means that the agreement to pay the £1 per month is over. They want all their balance back. But they have not stated a time limit.

 

2. Oops indeed. You could write back saying oops here's the past few months £1 payments and here's this months £1 payment too... in fact, here, have an extra £... just to keep them quiet. But as they've ended the agreement I doubt it'll wash.

 

3. What did you put in your defence?

[Movingon]

You could remind them that you have merely breached a contract whereas you believe their charges to be actively unlawful hence there is some imbalance already inherent in the dispute; hence their allusion to fairness is in itself flawed.

[maddyrose1664]

I've only missed 1 payment as the agreement hasn't been set up for long.

 

Someone on the forum kindly wrote the following defence for me.

 

DEFENCE TO COUNTERCLAIM

 

1. The Claimant avers that the true cost to the Defendant as referred to in its counterclaim is deminimus only since it is the Claimant's understanding that the charges are levied automatically and by computer.

 

2. The Defendant is put to strict proof of the amount of the actual cost to it of dealing with the particular breaches by the Claimant of her agreement with the Defendant.

 

3. The Claimant denies that she is indebted to the Defendant in the unassessed amounts referred to in the counterclaim or at all in respect thereof.

 

Statement of truth etc.

[Movingon]

Not sure about that defence... you're claiming £120 and they're claiming £880-odd?

 

How is the amount in their claim "deminimus"? Maybe I'm confused...

[maddyrose1664]

I don't get it either. I don't know whether to pay them anything or not. It might look better for me.

[maddyrose1664]

Just to let you all know that I am bottling it. A court date has been set and that solicitor has written more offensive letters than I can take and I am sick of it.

 

I just want an end to it. Sorry to let you all down.

[Yasmin]

Don't bottle it now...Have you read my letter?? LOL. Has a Court Date been set? I am sure you could find help, advice and a court buddy. Really, try not to give into their tactics.

[barracad]

How far along the process are you now? If you withdraw your claim at this late stage you may be made to pay the bank's legal costs - you need to stick with this - they will give in.

 

What is concerning you so that you want to withdraw your claim?

[maddyrose1664]

What has put me off is the following letter. I wrote a reply to the letter above and this is their response.

 

"Thank you for your letter of 3rd July.

 

I should point out a couple of inaccuracies in your letter. You say that you want to set up a standing order to pay off your outstandings at £1 per month and you refer to a delay in responding to a secure email you sent us to that effect as being symptomatic of Egg making repayments of outstandings "as difficult as possible".

 

I should point out that the first instalment of £1 was due before the end of May and your sevure email regarding the set up of a standing order was sent on 29th June (presumably in response to Egg's letter of 15th June rescinding the £1 per month arrangement). While your payments of £100 and £1 will be credited to your account on receipt, my letter of 15th June stands and the £1 per month arrangement is no longer available.

 

We shae your desire to "come up with a solution to end this", and a brief restatement of the facts may be appropriate at this point.

 

You have made a claim against Egg in the now agreed sum of £40 plus £30 in costs. Egg has counterclaimed for the balance outstanding on your account plus £120 costs.

 

You have failed to file a defence to Egg's counterclaim within the time limits prescribed. It is our intention to to make an immediate application for summary judgement against you for the total amount owing to us, currently £915.17. We do this reluctantly because a county-court judgement on your credit record might well mean that you will have difficulty obatining financial credit for the next six years so please be advised that we are not contemplating such action lightly.

 

With respect to your claim, it is not clear on what basis you are alleging that the £40 in default charges you are claiming constitue a penalty, nor is it clear what evidence you propose to adduce to back up that allegation. You will, of course, be aware that as the claimant in the action the burden of proof is upon you: ie you have to bring evidence to show on a balance of probability that these charges amounted to a penalty as opposed to a genuine pre-estimate of loss. You cannot simply make an allegation unsupported by any evidence and should you do so we will simply ask for the matter to be dismissed with our costs of attending the hearing against you.

 

There have been recent reports in the press and elsewhere that the OFT is contemplating action against certain banks in respect of penalty charges and it may be that you will be seeking to rely on that action as grounds for your claim.

 

However, you should be aware that the OFT has agreed (with no admission by either party) to discontinue it's action against Egg and Egg has agreed to reduce its default charges from £20 to £16. While this £4 reduction does not apply retrospectively we feel that it is reasonable to make it available to customers such as you who have already issued proceedings against us. It is our view that, were this matter to go to court, this represents the maximum amount that you would recover under your claim, the minimum, of couse, being zero.

 

We are prepared, therefore, to credit your account with £8 in respect of your claim (being £4 per default charge on the basis of 2 defaults) and a further £30 for your costs. We are also prepared to drop our counterclaim against you on the basis that you agree to a schedule of repayments of the balance outstanding of £883.17.

 

The offer is available until the 14th July after which it should be considered withdrawn. If you wish to discuss this before the deadline then you should call 0800 7834393.

 

Kindest Regards"

 

Kindest regards? Is he taking the p*ss?

 

What should I do now? I did file a defence to their counterclaim. I'm a bit worried about that and will phone the court tomorrow to find out what the hell is going on.

 

I really need to some advice. I have to get a letter in the post tomorrow if I accept his offer. I don't want to but I'm v worried now. Help!!

[Movingon]

Help is on the way

[reload]

First of all, I'm pretty certain 2 days is certainly not a "Reasonable period of negotation" for them to enter in to. Just as a knee-jerk response, I'm far too tired to follow up with any laws and such right now I'm afraid

[ncf355]

However, you should be aware that the OFT has agreed (with no admission by either party) to discontinue it's action against Egg and Egg has agreed to reduce its default charges from £20 to £16.

 

While this £4 reduction does not apply retrospectively we feel that it is reasonable to make it available to customers such as you who have already issued proceedings against us.

 

It is our view that, were this matter to go to court, this represents the maximum amount that you would recover under your claim, the minimum, of couse, being zero.

 

We are prepared, therefore, to credit your account with £8 in respect of your claim (being £4 per default charge on the basis of 2 defaults) and a further £30 for your costs.

 

:o

 

So they expect you to believe that OFT have given Egg a special agreement to charge £16, where as the amount they are quoting every other financial co. is £12?!! (and even then this is not the definitive amount)

 

What an absolute bunch of sh**s!

 

Seeings this has made me determined to screw them to the wall on my claim

 

Nil Confendum Illegitimi, thats what I say!:grin:

[jonni2bad]

Actually, the OFT did make special provision for Egg in their statement (£16 not £12) but it still remains our view that £12 - or indeed £16 for Egg - remains unlawful.

 

They did also state that 'only a Court can decide'.

[ncf355]

Good grief!

 

Was a reason given for this?

 

I take it they were able to prove it cost them £16?

[DazNorthants]

I find it strange that the OFT thinks online only banks can charge higher amounts. Egg don't even send out a letter about charge just apply it automatically. So - Go over limit! automatic charge ( by computer ) how can this cost £16 let alone £20 - I would say apart from purchasing the system that everyone pays for the cost is likely to be pence not pounds. ! I almost want my case to go to Court and yes! let them decide. It would be worth £120 to find out.

[maddyrose1664]

First of all, I'm pretty certain 2 days is certainly not a "Reasonable period of negotation" for them to enter in to. Just as a knee-jerk response, I'm far too tired to follow up with any laws and such right now I'm afraid

 

Just to clarify, the letter came last week so I had more tha 2 days to decide. Sorry if I made that unclear.

[breadline]

Hi Mandy

Seems to me in that letter they started on thier high horse to get you worried and then had to take a softer approach at the end to real you in.

 

Surely If they were concrete sure about where they stand you wouldnt be getting a penny and definately not another repayment chance for you £800.... squid.

 

Just my thoughts, but Im not trained in legalities..

[deathshead]

hmm you are not claiming much off them in charges, have they defaulted you on the outstanding amount? what sort of repayment schedule would they be willing to accept? or can you clear the balance regardless, if so they have no hold over you wrt counterclaims