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    • Sorry I didn’t think to come and update this.    So the outcome was that he went to court. Apparently the judge told the landlord off for not sending a letter before action but did nothing about it. He didn’t accept all the damages the landlord claimed, and told him off for accusing my friend of deliberately and maliciously damaging anything, and he awarded him small amounts of the damages he claimed for. The landlord had also made an awful lot of things up that never existed and accused my friend of stealing them, and the judge didn’t accept any of those claims.   However, I’m back asking advice now. So he made an offer of payment via the court forms, sometime before Christmas and straight after the hearing. The landlord didn’t reply so the court accepted the payments.  My friend has been paying the £10 a month each month. Then a couple of days ago he had received a letter from court with a hearing date in a couple of weeks, and a very irate letter from the landlord saying that my friend has consistently lied and that nothing he says should be believed, and that he wants the bailiffs to be called on him and that he absolutely refuses the payment plan. The letter is marked as received by the courts in December and this is the first that’s been sent since then. My friend and his wife are now panicked, what does this mean? And can they now get bailiffs sent round? He earns an ok wage, which somehow the landlord has referred to in his letter, but he equally has a lot of expenditure and can’t afford to pay any more. What will happen at this hearing and can they send out the bailiffs just because the landlord wants them to?    I have no clue what to advise him, can you help at all please?
    • Thanks Bank – I took your cynicism / experience on board and responded thus: Thank you for your response Mr Schnur  I set out my position quite clearly in my letter of claim and nothing has changed. Your insurance requirement is unlawful and is contrary to section 57 of the Consumer Rights Act, and also section 72 of the same statute. I would also refer you to the outcomes in PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729).  My deadline for action - 1 May 2024 - still stands.
    • The other thing is that you are making a big mistake imagining that they are at all concerned about wasting court costs et cetera. They are only concerned about being obstructive and discouraging others.  
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Egg Repayment Protector - Help Needed


scotia
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Ok...for the first time in ages, i went online to check statements, and noticed this 'Egg Repayment Protector Insurance'. I secure messaged them asking them what it was, and when it was started.....they say it was asked for in a conversation in January 2003...(6 months after initial agreement )and has been debited since (no wonder my balance isn't coming down)

 

I sent them a reply, asking for a copy of the conversation, but as yet haven't had a reply........what do i do ?

 

I never asked for this, and am 100% sure about this, as i never, as a rule' take out any repayment insurances. And even if i did...where's my copy of the documents and/or policy ?? never received anything like this !

 

They have stated that they have now cancelled this, but cannot refund any monies due to the fact that its my responsibility to check my statements.

 

What can i do ??? Any help would be much appreciated.

IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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Hi scotia

Cant help at the moment but egg did same to me we have statements with 6 months gap before ppi kicks in since then its accumulated £1804 ,in 6 years,they also owe us £420 in unlawful charges,we sent 1st letter giving them 14 days to refund or court action, will keep you posted

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Hi all!

 

scotia,I have had the same problem - due mainly to unsuitability.

 

They do not give a damn.

 

I was given the same "fob you off" response - it is my problem to check the statements bla bla bla in order to reduce my losses so in fact they are admitting that they have been stealing this money off of me over the last several years!

 

This together with no less than £100 in late payment/over the limit fees!

 

I agree with you,scotia - what is the best way forward?

 

Perhaps others give can us some advice or suggestions.

 

Many thanks in advance.

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ok folks...here goes an update

 

I called customer services, and asked about it...they said that we (me & Partner) agreed to it on the 31st January 2003 in a telephone conversation. I asked for a copy of this conversation...but was told that in the first instance they would 'escalate' this to their line manager, then the lady (I use this term very loosely) got quite arrogant with me, then hung up !!......i was straight back on the phone and spoke to a really nice guy who was happy to put in a complaint about this lady.....he also stated that its not the first time this had happened (with regards to Payment Protector !! (she actually put on the on screen notes that i was becoming abusive and that i hung up on her !! lol) and he would listen to the original and subsequent recorded conversation and get back to me withing 48 hours....but again...they gave me the usual dribble about...its your fault for not checking....blah blah blah......the guy also told me that if i made a dpa application then i would receive all recorded calls, on screen notes and statements for a max of £10 fee...........lol.......as if i didn't know that by now !! i acted dumb (ok...maybe not a lot of acting required !)

 

so the long story short is: i am awaiting with baited breath the manager to call me back within 48 hours to discuss the matter.......either way i want a copy of the conversation...so i think the best route is for a DPA.......watch this space and i will update asap

IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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OK FOLKS UPDATE....HELP REQUIRED.........

 

I just got a reply from EGG which basically says, that my conversation with them in January 2003 cannot be found, yet they are still refusing to refund me the amounts taken since January 2003.....where do i stand legally ?

 

It also states that a letter went out to me on 31st Jan with T&C's etc....i never received any such letter (otherwise i would have queried it)

 

If required i will take them to court, i am not fussy how much this costs, this is one company that aint gonna screw me !!

 

GIMME SOME ADVICE....PLEASE !!

 

This is the letter i received from them: (I have highlighted the main part)

 

egg1.jpg

IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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You stand well and truly in control.

 

Write to them and demand they refund all PPP debits on your account forthwith as no contract was entered into. (They have admitted they have no proof and probably used a telephone sales company that signed up everyone and has since stopped dealing with them).

 

If you paid your monthly repayments by direct debit from your bank account you could have all those payments refunded under the Direct Debit Guarantee as they have taken payments without authority (PPP amounts)

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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I have sent them a reply letter, basically stating that since no proof of contract can be found i would like them to refund all monies, plus i submitted a DPA subject request , and that i will be claiming back all penalty charges once i get this......but here's another predicament.....

 

They charged my this repayment protector insurance, but it was debited to the Egg card....so realistically they have charged me 'credit card' interest on these amounts.....how would i go about working this out, and could i claim for this?

 

the total balance is about £2300.....about £800 is made up from 3 1/2 years of Repayment Protector Insurance, and probably £700 from penalty charges..........so additional £800 is partially made up from the interest charged on these previous unlawful amounts......could i ask for debt to be written off under the circumstances ?

IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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could i ask for debt to be written off under the circumstances ?

 

Yes you can ask or advise that interest incurred as a result of their unlawful & unauthorised debits will also be claimed.

 

In the circumstances they may prefer to write off the whole amount (as if)

 

Good Luck

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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OK folks....UPDATE

 

I have now received about 6 pages through the post from the data controller of EGG asking me to fill it out and return with proof of ID.....do i need to do this ? or will my original request still stand ?

IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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HELP...........

 

I now have all my statements since i opened the account in May 2003. I have just worked out all the Repayment Protection Insurance (£510.73), and the 'overlimit charges'(16 x £20 = £320).......but one thing confuses me...

 

....can i charge them 15.9% interest on this, as they have done this to me ???

 

I have read everywhere and can't seem to get a definite answer, so any help is much appreciated.......if i can charge them the 15.9% interest, i am looking at the claim going from £830.73 up to a whopping £2559.47.......plus if i take it to court can i charge 8% on top ? (ie....not on 15.9% interest just on the original amount)

 

PLEASE HELP......I AM IN HEADLESS CHICKEN MODE JUST NOW

IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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anyone any advice ??

IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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You can charge them the card's interest rate on that portion of your credit card debt which was caused by illegal debits and charges. If that's 15.9% per annum, then yes you can. But bear in mind you have to do it for each individual charge levied to your account. So -

 

(0.159/

) x = interest on that individual charge

 

When (if) it goes to court, you can claim an additional 8% per annum under the County Courts Act (I think?).

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p.s. use excel to work out number of days.

 

e.g.

 

Cell A1: 27/1/2004 (date of charge)

Cell B1: 04/05/2006 (today's date)

Cell C1: =$A$1-$B$1

 

Cell C1 will show the number of days between dates.

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sent LBA giving them 14 days ...then court !!

IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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  • 3 months later...

Hi Scotia,

 

What happened with this? Has it been settled? I'm at the same stage as you were on 7th May. Just sent off the LBA. Have already been successful with Natwest, but this seems a different kettle of fish (different laws etc). And it seems a little more daunting as there are a lack of templates here for this kind of thing

 

Cheers

NatWest:

Sent LBA on 12 May.

Submitted MoneyClaim on 30 May.

Acknowledged 7 Jun, 3 Jul deadline for response

Defence filed 4 Jul

Received their copy of AQ 21 July, awaiting court date

*********** SETTLED IN FULL - 17 August *************

Egg Card:

Requested Payment Protection Refund on 20 May,

Sent Data Protection Act request, egg acknowledged,

8 Jul deadline for response.

26 Jul: Sent Prelim Letter

01 Sep: Sent LBA

Citibank:

Not Started

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  • 12 years later...

This topic was closed on 03/08/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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