Angry Cat v Egg** Egg smashed at last**

[angry cat]

Egg are currently charging 16.9% APR on credit card accounts.

 

AC

[angry cat]

Hi Guys-

 

Well my Claim is still rumbling on...!

 

Both the District judge and I were informed that a cheque from Addleshaw & Goddard was in the post, this represented my Court fee and DPA request costs as stated on my POC The judge put a stay until 19 February on my claim, basically to allow time for the payment by cheque to arrive and or, if I wish to appeal.

 

The judge informed me that if the cheque does not arrive by 12 February, then I have to write to The Court Manager. I have today written to The Court Manager stating that the promised payment from the Defendant has not been made to me. Additionally, I advised the court that I clearly stated on my POC that I was claiming contactual interest up to the date of judgement. My amended claim was dated 9 January 2007, therefore an additional 34 days has passed of which I am claiming for.

 

Not sure where things will go from here!?

 

Will keep you all posted

 

Love AC

[Tobes]

Well done AC

 

I'm still waiting to see what is going to happen with mine...

[angry cat]

Good to know that your still battling away Tobes!

 

Is your claim still being handled by Addleshaw & Goddard, or has it been passed over to Eversheds?

 

Goodness only knows why Egg are using different law firms.

 

Love AC

[WormHasTurned]

... and Aplins too.

[Tobes]

Hi Cat - yes, mine, though one of the first started, has gone on so long because of the original decision at my first hearing that Egg be ordered to disclose details of all their claims...They appealed but lost, then complied, but it took the thing started in May to a hearing in Feb! However, I was then contacted by some bloke in a different department saying they would refund to my account the full amount, and my court fees, and they would remove the counterclaim if I said how i'd pay the rest back...I asked for the default to be removed but they said no so I hung up lol Now Eversheds have contacted me and the saga continues.

[Yasmin]

Hi A C, Tobes, my old buddies LOL. mine is still rumbling on re the default. They have totally ignored everything so we are back in court at the end of march. Really hope yours is settled soon,they've dragged it out 'till the bitter end!

[angry cat]

Hi Tobes...quite a saga but that is not unusual with Humpty-

Just stick with it and you'll win in the end.

 

Yes Yasmin, seems like there are a few of us first venturers still dug in.

 

I have requested that Egg remove the Unjustified default from my CRA files, but bearing in mind that my DPA s10 Notice was ignored, I then withdrew my consent from Egg to process my subject data, that request was ignored and the data controller just went ahead riding roughshod over my statutory Notices by registering the default!

However, I have sent my letter plus another Notice...again!

I will await the reply, which of course will be bog off...No.

 

Egg appear to ignore almost everything...amazing.

 

Good luck to you for March.

 

Love AC

[angry cat]

Hi Guys,

 

No repsonse from Humpty Dumpty yet?

 

Also, yesterday I made an N244 Application to have my Claim reinstated by the Court, due to Humpty's failure in paying my Court fees, plus my POC stated that I was claiming interest at the contractual rate, up to the day of Judgement, therefore another 42 days have passed, of which I am claiming 15% compounded interest, the amount that I am claiming will therefore increase daily.

 

Tomorrow, I will start my procedure in reclaiming over £1,700.00 re: mis-sold PPI and Yes, Mr. Humpty I will also expect to be compensated for your rotten product which has failed and left me at risk, due to your Limitation & Exclusion clauses. Of course, I will be starting a thread re that issue in the CAG/BAG PPI forum.

 

Love

AC

[angry cat]

Okay Guys,

 

I have sent my preliminary request re: mis-sold PPI to the darling John Murphy, my thread is on the PPI forum-

http://www.consumeractiongroup.co.uk/forum/ppi/67674-angry-cat-egg-credit.html#post581365

 

Love AC

[angry cat]

Hi Guys,

 

I have just received the following notices from the Court:-

 

1.

General Form of Judgement or Order - To the Claimant

 

Upon the file being referred to the District Judge

 

Upon reading the Claimant's allocation to reinstate the claim

 

IT IS ORDERED THAT

 

1 Claim reinstated

2 List for hearing of outstanding issues on the first open date being 18 April 2007 at 10.30am time estimated 30 minutes

 

2.

Notice of DIRECTIONS HEARING will take place on

18 April 2007 at 10.30 AM

at Tunbridge Wells County Court when you should attend

30 minutes has been allowed for the DIRECTIONS HEARING

 

PLEASE NOTE: This case may be released to another Judge, possibly at a different Court

 

Love AC

[Yasmin]

Hi AC,

 

Fantastic you've got your date now, will be wishing you all the best. I was a bit surprised that my date came through,June, because the judge said, next available date..so I phoned the Court yesterday to try to bring it forward. They have advised me to put the request in writing stating my reasons, posted it today.....

[MrBump]

Golly, it'll be your one year anniversary on the 12th! The end is in sight...

[angry cat]

As you all know-

 

On 29 January 2007 I attended Court for an application for Amendment to Claim and the very same day that had been allocated for the Hearing regarding my Claim against Egg

 

I had submitted my Court Bundle in time as ordered but Egg did Not submit their Court Bundle. (obviously Egg had no intention of defending.

 

The judge went straight into the amendment:-

 

£260 Charges plus

£121.66 Interest that had been charged on a daily contractual rate, up to

up to the date of judgement

£10.00 DPA fee

 

£391.00 Total

 

I (Claimant) also claimed interest at the contractual rate £121.66, or in the alternative 8% interest worked out on a daily rate pursuant to S69 CCA 1984 from on or about 16 June 2002 when the money became owed to me to 9 January 2007 £64.89 also interest at the same rate up to the date of judgement.

 

The former amount of interest claimed was based upon the principle of mutualiy & recipriocity.

 

Total amount claimed £503.32 or in the alternative £456.54 plus court fee £75

 

I had requested that Egg pay my claim in the form of a cheque, but they would not agree and credited £456.66 into my cc account just prior to the hearing. Therefore the judge did not even go inot actual heaing, he was just concerned with the amendment. The judge understood my view regarding cliaming the higher amount of interest (mutuality & recipriosity) but he would not allow it. Therefore he would only allow the lower amount of 8% because Egg had already paid the money back into my cc account.

 

The judge ordered that Egg pay my court fee of £75 within 21 days, Egg have failed to pay this money to me. Therefore, I requested that my claim be reinstated. Also my POC clearly stated that I was claiming contractual interest and S69 stat interest up to the day of judgement...the amended claim was only up to 9 January 2007.

 

I have two documents now from the court-

1. General Form of Judgement or Order

It is ordered that

1. Claim reinstated

2. List for hearing of outstanding issues on the first date being 18 April 2007 at 10.30 am, estimated time 30 minutes.

 

2. Notice of DIRECTIONS HEARING

will take place on 18 April 2007 at 10.30 am

30 minutes has been allowed for the DIRECTIONS HEARING

"please note" This case may be released to another Judge, possibly at a different Court.

 

Please advise me on the protocol regarding a Directions Hearing and should I just request that the outstanding £75 (court fee) be paid or should I continue with my argument that my account should be brought back to the status quo based upon the fact that the bank Egg used my money...charges plus interest and re lent that money at their commercial rate?

 

There is also the issue of the unfair default that was registered agaisnt me with the CRA's and...

 

my PPI dispute. However the PPI issue was not placed upon the POC.

 

Suppose I will just have to play it by ear/instincts!?

 

AC

[Yasmin]

Best Wishes with this A C, post when you have news X

[angry cat]

Thanks Yasmin!

 

I had the same 'Robin Cook' lookalike District Judge...which mde me think, Oh God!

 

Egg used their last minute tactics as usual, as they had forwarded by DX a copy letter that apparently has been sent to me 16 April 2007 enclosing a cheque for the oustanding amount owed. I have not yet received the letter and enclosed cheque. Therefore, the judge made an order to keep the claim open just in case the cheque does not arrive, basically as a safeguard for me.

 

The last item that I discussed with the Judge was the unlawful Default that Egg have placed on my credit file...by this time I felt that he ever so slightly warming to me. Because I explained that the Default had been caused by the unlawful penalty charges and that I had served Egg with S10 & S12 DPA Notices, plus I had withdraw my permission from Egg to process my personal data but Egg refuse to remove the Default from my CRA file which is causing me great hardship as the Default is Unwarranted/Unjustified. I went on to state that I had been in touch with the ICO who innformed me that only the County Court could have the Default removed...thus bring my account back to the status quo.

The Judge said that I should have another go at Egg...write to the Egg solicitor Addleshaw & Goddard after I receive the letter & cheque, explain my view re: the Default and request that the Default be removed. If Egg refuse to remove it, then I have to issue an N1 Claim.

 

The same applies regarding my PPI dispute.

 

So Guy's nearly there, just waiting for the promised cheque.

 

Love AC

[Mistermind]

Egg’s IT systems unlawfully misappropriated a cardholder’s money in seconds.

Talk about possession being nine points of the law, retrieving this money lawfully has taken 12 months, perhaps 500 woman-hours, and 166 postings. The cat has good reason to be angry, even a typist working for minimum wage would have earned £2,500.

……………….……..

I believe that a District Judge has recently made the following statement re another bank-

"Dragging out the process as long as possible and...Intimidating Claimants who are laymen at law".

AC

……………………….

The judge ordered that Egg pay my court fee of £75 within 21 days, Egg have failed to pay this money to me. Therefore, I requested that my claim be reinstated. ……

AC

Blatant defiance of court ruling, reminding me of the following

...........................................

The best course of action now is to agree to the set aside if the bank makes the application. We have had instances where claimants have disagreed and have not only had to pay the costs of the hearing, they have also suffered delays as a result.

CPR 13 is very clear on this and in the event that the defendant claims not to have received the documents (regardless of the whether this is true or not) the court will have no option but to set aside the judgement. Claim forms are not sent via recorded delivery and with the sheer volume of claims being received by the banks it is entirely plausible that documents will be mislaid.

Of course, I do not belive for one second that they have not been received by the bank, but sadly, the Court will not care, they must accept that the bank have not seen the claim and are bound by CPR.

The courts are ultra conservative and always will be. You file for a judgement; they allow the bank to file for a set aside. You obtain a judgement and file for a warrant of execution; they allow the bank to file for a stay of execution.

You have to play the long game, civil law is very civilised and Lloyds and their solicitors know this which is why they act this way.

Exercise patience, do not get emotionally involved and keep playing the game. Lloyds have the money, they can afford this, but they can also afford to tie you up in court until you get bored if they so wish - everyone else who has waited them out has been paid, they are not going to have this heard in court, but neither are they going to pay you one moment before they absolutely have too.

Now you have filed for a warrant, one of two things will happen. The bank will claim not to have received the claim forms and will apply for a Stay of Execution. An application for a Stay of Execution is necessary to stop you from trying to enforce judgment. Lloyds can make this application without telling you and the court can make an order without you being at court.

They may make an application for both A Stay of Execution and an order Setting Aside Judgment.

Usually a court will agree to set aside judgment if the Defendant can show that they did not receive any court papers and therefore were not aware of the court case against them.

If a stay is granted and Lloyds do make an application to set aside judgment the court will fix a hearing date. Both you and the Defendant will have to go to this hearing. The Defendant will have to explain why they want the court to set aside judgment.

If the court sets aside judgment then Lloyds will be allowed to put in a Defence explaining why they do not agree with your claim. The court will also give you both a timetable to explain what needs to be done next.

If this happens, then the money you paid to the court to execute the warrant is lost cannot be recovered.

Alternatively, the Court Bailiffs will recover your money, which will be paid to HMCS and paid to you after a minimum of 14 days………..

Tom Brennan’s lawsuit for Exemplary Damages looks more reasonable by the day. Very best of luck to AC.

[angry cat]

Thanks Mistermind!!!

 

Well at last the cheque has arrived.

Such a long drawn out Claim, hampered by Egg all the way.

 

Anyhow, I have now received the final amount from (Addleshaw Goddard) Egg that was due to me as stated on my POC.

Therefore, my name can be added to the 'Roll of Honour'.

 

However, it must be said that I am not happy as there are still issues unsettled, Default, Mis-sold PPI etc but these are separate from the actual money claim. Therefore, there will be a further Claim that I will have to Issue against Mr. Humpty Dumpty but I will start a new thread for that to avoid confusion.

 

Love AC

[redsue]

well done angry cat you deserve a gold star for your efforts - I'm awaiting my SAR from Egg with regards to PPI so maybe we can cheer each other on as you claim that back too.

[hondamad21]

Well done AC!!!! :D

 

 

Keep the pressure up for the default removal.

 

I have launched my summery clause with egg for refund & default removal. Hearing date is in mid June.

[Mistermind]

Well earned victory!

 

 

The Egg and the Pussycat

[livelylad]

congratulations AC

please complete our survey

[mcuth]

Congratulations AC - about time too

 

Cheers

Michael

[angry cat]

Thanks Guy's!

 

Claim Number: 6TN01564

 

Penalty Charges £260.00

Contractual Interest £121.66

Statutory Interest £ 64.89

Data Protection Act Fee 10.00

Court Fee 65.00

 

Total £521.55

plus £ 1.28 - interest on late payment of court fee

 

Final Total £522.83

 

I have relucantly accepted this figure, due to the recitals of the District Judge.

However, I will be following his (The District Judge's) advice that I will be making a request to Addleshaw Goddard, Egg's solicitor requesting that the Unfair Default caused by the above penalty fines, be removed from my CRA credit files and if the Default is not removed after my request, I will then issued a County Court Claim to have the Unfair, Unwarranted, Unjustified Default removed.

 

AC

[Yasmin]

Congratulations A C ! Finally, after all your work n stress:D:D:D Hope they remove that default, without a battle.....more ammunition for me