Egg/Capital credit re: Credit card debt while they owe me ccj

[Craigbadger]

Intro info-threads have been merged to give background to the issues.

 

 

Basically its only £230 but its the principle + need a new van so this would really come in handy towards that. Wrote asking for the money back they declined, wrote again threatening court again a big fat no and a copy of the ombudsman book. They state that complaint has now been closed.

 

Should I now put in a claim with the small claims online or is there a way of encouraging them to pay otherwise?

 

I gather egg dont tend to do refunds. All are £16 standard default charges, dont know if this makes a difference?

 

Any advice on my best route would be much appreciated

Edited June 12, 2011 by MARTIN3030

[Guest Old_andrew2018]

I really think a county court summons is the only way forward

[Craigbadger]

Right I have issued my claim online, whether I should of done with the form we will see.

Anyone know what I should expect from egg?.

[Mistermind]

Egg have called your bluff intending to test your mettle during the current hard times for them, but you can call their bluff.

 

01 weeks - 30 APR 2007 - WINNING TEMPLATE LETTER - Eggmail then 2-day payout - moc1982 v Egg

 

This is the question Egg do not want you to ask in court. When you give notice you will ask it they will not face you in court, likely to cave in and refund at the last minute.

[Craigbadger]

Thanks Mastermind.

Can I just mail them a new message even though I have already issued the court papers?

And I guess i'm now asking for the court fee aswell.

 

Also as all my charges are £16 I guess theres no need to mention the £20 charges?.

 

Sorry if i'm sounding a bit dum here, its my first time of going through court and I dont wanna screw things up.

[Mistermind]

Thanks Mastermind.

Can I just mail them a new message even though I have already issued the court papers?

And I guess i'm now asking for the court fee aswell.

 

Also as all my charges are £16 I guess theres no need to mention the £20 charges?.

 

Sorry if i'm sounding a bit dum here, its my first time of going through court and I dont wanna screw things up.

No harm at all writing to Egg, but address it to the attention of their General Manager. No need to mention £20 charge not appicable in your case. No harm telling Egg that WHEN, NOT IF you go to court to meet their £1000-per-day barrister you will be claiming extra for your own court fees.

 

Without question Egg management know about the thread below. Egg have given in 121 times, they are not going to change now. If you demonstrate your resolution, and make clear that you know they know you know they will give in and refund, it would be pointless for them to waste time and indulge in brinkmanship. Best to get paid without hassle, but if hassle they want, hassle they can have -- in court.

 

Sticky: V-E Day: Victory over Egg (1 2 3 4 5)

[Craigbadger]

Right they have till sunday to acknowledge the summons. I have sent a secure message along the lines of the above.

 

Looking good for default at the moment.

 

Not received a direct response to my email although I did get a reply from customer services saying they had forwarded to the general manager.

[Craigbadger]

Ok they did not acknowledge and ive requested judgement by default.

It was issued to the registered address as listed on the egg site so no complaints there.

What should I expect to happen now? Have I won or might they get it set aside etc?

[letsdothis]

Send the bailiffs in. And the press. Cannot wait.

[Craigbadger]

Haha i'll give them a chance, im not a dca you know

, only requested the judgement half an hour ago.

[letsdothis]

Haha i'll give them a chance, im not a dca you know

, only requested the judgement half an hour ago.

 

Chicken, send them in just for the fun of it. They wouldn't think twice.

[Craigbadger]

I won a default claim against Egg last week, they failed to acknowledge.

Judgement was issued on tuesday so I presume they will of received this.

 

Can anyone advise me on what happens now?, I presume they should just pay me, but this sounds to easy to me.

 

Do I write to them direct or what?

Any advice anyone would care to offer?

 

[fuzzybobble]

I think in the judgement, it gives them x amount of days to pay up and the amount. If they have failed to pay within the time, then phone the court and they will advise you on the next step, which I think will be them sending their bailiffs in to collect the money for you.

[ar_123]

DONT DO ANYTHING FOR 28 DAYS!!

 

This way the CCJ will get recorded against them

[The GodMother]

If they dont pay up within the 28 days then they get a marker on there credit referance file which they wont care about but if after the 28 days then you can cause them no end of problems like applying to the courts to have there bank accounts frozen and sending baliffs in with a camera crew present.

[Craigbadger]

That sounds fun.

 

Tell me if i'm wrong in the following.

 

I wait 28 days and see, if they pay up I inform the court they have done so and i'm happy.

If however no payment after 28 days I could write to them and give them say 7 days or i'll get the court to send in bayliffs with some press(at this point id probably go and have a look myself).

In theory at this point they would pay up to save the trouble that would come from the press coverage.

[The GodMother]

yes and no. There is no need to give them 7 more days.

[Craigbadger]

Thanks very much for that.

Clocks ticking.

[Craigbadger]

Right 28 days are up.

It is giving me an option to use another address for the warrant.

The registered office was Citigroup, Canary Wharf but it seems like they operate from Derby so would I be best off putting the Derby address in here?

[Craigbadger]

Right ive finally got a spare £100 to send the bailiffs in to try and get my £250 back. Its been 6 weeks or so since I won by default.

I did the initial claim to the head office at Citi in Canary wharf, am I right in thinking I should probably use the Derby address for the bayliffs?

 

Any advice would be appreciated.

[harrassed senior]

It would, I imagine have to be the address you used on the original Court paperwork?

[Craigbadger]

I did post this up a while ago but i'd just like some advice on when and if I should act.

Basically 12 months ago I had moved back to my parents for a bit(before I realised rent came before credit card interest), in July I tried to get charges back from Egg to which they declined, I then took the small claims route and won by default as they never acknowledged the summon, they have never paid the ccj.

I moved back out in october and subsequently was unable to afford the repayments, I decided to just let the debt default so to give me a chance to sort things out then look at repaying at a later point.

Ive not been in touch or made payment of any sort since january and im now getting letters and calls from Capital credit. Im at about letter 4 and its getting pretty heavy as in they mention legal action several times and say they are "undertaking validation to expedite legal proceedings".

 

Now im 5 months in arrears but they have not defaulted the account yet.

 

The figures are roughly:

 

Balance £1200

Arrears £200

 

Amount awarded against them £247

 

I guess what I was wondering is

 

A. Are they likely to do anything?(I know most threats are empty but something is just personal ab out the letter)

 

B. At what point should I contact them to arrange repayment?

 

C. At what point should I bring up the unpaid ccj? as it seems they dont have a clue, although it was done to the registered office etc.

 

D. Can I use an unpaid ccj in my defence if it went to court?

 

 

ps its a 2008 debt.

Edited June 11, 2011 by Craigbadger

[MARTIN3030]

Taking a look.

[MARTIN3030]

It is quite extraordinary that they have not paid the CCJ.

I would be contacting the issuing Court to find out if it was satisfied or not.

When was Judgement passed at was this against Egg banking plc ?

I would also be taking steps to enforce the judgement.

Did you take any steps to enforce this ?

I would be minded to use a HCEO.

If you are struggling,and there is not yet any default,then you should send an income and exp sheet.

If you can show you are not avoiding them,then you will be covered under regulatory protection should they be in breach of things.

[MARTIN3030]

I saw your other thread perhaps we need to merge this with the background.

Although Egg banking may have displayed a Derby address on their website,whilst they were in Citi hands,the head office and principle place of business and correspondence was Citi HQ at Canary Wharf-this is where all legal docs should have been served.

Barclays now own the egg portfolio and have registered the egg trading names on their consumer credit licence from May 2011.

Their HO is in London too.

Since they have kept the brand name -My thoughts are that the Warrant would need to be re-issued to Barclays HO.

Still clarifying this info tho.

They also bought Capital Credit Agencies and this too is registered on their CC licence now.