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ChrisUK1978 v. Egg - Partial Victory - Settlement offer.


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Dear All,

 

Like so many of you, I have recently received a offer of full and final settlement fom Egg that I can only assume is a mistimed April fools joke. The points of concern for me is Egg are claiming successful cases without admitting the judgement was for non-attendance of the claimant, and strongly intimating that Egg have the support of the OFT in their new charging regime of £16.00 per missed payment.

 

The tone of this letter has so angered me that I have emailed the OFT with an official complaint and asked them to investigate the claims that Egg are making on the OFTs behalf in sasid letter.

 

The wording of my email went a little something like this...

 

"Dear Sir,

 

I would like to bring to your attention the misconduct of Egg PLC. I am currently in the process of taking County Court action to recover modest bank charges from Egg PLC dating back to 2002 / 2003. Having submitted a claim, Egg have rather predictably filed their standard defence. Accordingly I was issued an Allocation Questionnaire which I have duly filed and am currently awaiting a response from the Court with a suitable date.

 

The issue that has caused me significant concern is that I have recently received a derisory settlement offer, the tone of which is designed to be threatening and intimidating. I have attached a copy for your reference. In point 5 Egg claim to have negotiated special terms with the OFT, which suggests they have your carpet approval to charge £16.00 to each and every customer for each and every missed payment. They seem to be misquoting note 4. from your press release.

 

4. The OFT is not proposing that default fees should be equivalent to the threshold, and a court will certainly not consider that a default fee is fair just because it is below the threshold. Where there are exceptional business factors, so that the presumption that a default charge over £12 is unfair is not applicable, this does not necessarily mean that the current level of the default charge is consistent with the OFT's interpretation of the requirements of unfair contract terms legislation. But for example, where a card issuer has a policy of requiring customers to pay minimum monthly repayments by direct debits, such as that operated by Egg, and offers credit cards only to customers that satisfy a relatively high scoring requirement it may be able to set a fair default fee at a level above the threshold.

 

I feel that in misquoting the OFT Egg intend to give the very real impression that the OFT support there minimally modified charging regime in an attempt to dissuade customers from claiming monies for charges that have been applied to their account illegally. I would request that the OFT treat my request as an official complaint against Egg PLC and I feel an investigation into what Egg are claiming on your behalf is in order.

 

It seems that the content of this letter is reasonably standard, with a number of people within the ConsumerAction forums (http://www.consumeractiongroup.co.uk/forum/egg/) having also received and identically worded letter. In my case it has only served to anger and strengthen my resolve to take these charlatans to Court, however I fear that others may be more intimidated by Egg’s bullying manner.

 

Please do let me know if I can be of any further assistance.

 

Yours faithfully,"

 

If more of you have received Eggs letter that can be considered, at best, economical with the truth then possibly if a number of us email the OFT ([email protected]) it would serve to highlight the wave of support within the forum, and hopefully the OFT will do a little something to reign in Egg's fanciful claims.

 

All best,

Chris.

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GOOD LUCK

Ive complained too.

hope more people do the same

I wrote......

dear sir/madam.

I wish to make a formal complaint in respect of EGG plc. who have sent me a letter in response to my claim in which i state that they have been unfair in their charges to missed payments and fines.

Egg claim to have negotiated special terms with the OFT, which suggests they have your approval to charge £16.00 to each and every customer for each and every missed payment and that because they have reduced their charge from £20.00 to £16.00 the OFT have agreed not to take any action against them should a complaint arrise. Is this true? that the OFT and EGG have an arrangement?

I am shocked that EGG have taken this stance and feel they are abusing their position and attempting to frighten me into dropping my claim.

I am sure that you are aware of this matter and would be grateful for a response. I am aware of the statement that the OFT have recently made via a press release and see no such arrangement.

I would therefore, be grateful for a response to my complaint.

kevin hughes

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Kevin,

Thank you for letting me know - I was so enraged by Eggs sanctimonious attitude, on their claims of buddying-up with the OFT and other points, that I felt I had to write to the OFT and make them aware of what Egg were claiming on their behalf.

I would assume you received the automated, “… you will receive a reply within 10 working days…” letter from the OFT? My correspondence began on Saturday so I should have heard something by 6 November. I will of course post again with the outcome.

In the meantime, well done for raising your objection to Eggs bullying tactics directly with the OFT. I feel if more of us complain then the OFT will have to ask Egg to check their behaviour, at least in respect of what it claims about the OFT.

There was another post in the forum with reference to the infamous successful case that Egg claim sets a precedent for them. The upshot being that when challenged Egg hide behind the Data Protection Act (for their customer, or them?).

I was under the impression that the proceedings of court cases were public information, anyone know if this applies to County Court cases also? I see no reason why it should not.

I have challenged Egg to quantify their unsubstantiated claims in a letter and I eagerly await their response. During the court case I will request that the courts request that Egg quantify this and their other spurious claims.

All best,

Chris.

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  • 1 month later...

Dear advisers,

 

Following submission of my 180-page court-bundle in duplicate to Egg and the Court 14-days in advance of my hearing on 19 December 2006, I have received the following offer from Egg. Persuant to section 2.©.ii, I am disclosing to the extent necessary to professional advisers in the hope you can advise of whether I should accept this offer.

 

"ChrisUK1978 v Egg Banking plc

Claim number: 6QZ56499

 

I refer to the above claims in the High Wycombe County Court.

 

1. We view our terms and conditions as fair and in particular the charges levied persuant to Section 7.1 of your credit agreement (the "Agreement") with Egg Banking plc ("Egg") to be a genuine pre-estimate of loss rather than a penalty.

 

2. Notwithstanding our view, in the particular circumstances of your case we put forward the following settlement proposal:

 

(a) Without any admission of liability and on a purely commercial and ex-gratia basis we will within 14 days of your acceptance of this proposal by returned of the signed Consent Order (see paragraph (b) below) pay you £84.65 in full and final settlement of the proceedings in High Wycombe County Court under claim number 6QZ56499 and of all claims, rights, actions and causes of action (including claims for interests and costs) you may have against Egg arising out of connection with any issue pleaded in this case. As you will appreciate this is the full amount of your claim against us broken down as follows:

 

(i) £53.24 for charges and interest as detailed in the claim form;

 

(ii) £1.41 for interest from the issue date until 19 December; and

 

(iii) £30 for your legal costs.

 

(b) As your acceptance of the proposal you will sign and return to us the Consent Order enclosed with this letter providing for dismissal of the proceedings on the basis of each party bearing their own costs. Once we have received the signed Consent Order we will lodge it at the Court to bring the proceedings to an end.

 

© The terms of the settlement shall remain confidential between the parties and their legal advisers save that the same may be disclosed:

 

(i) To the extent necessary for the purposes of enforcement of the settlement; and

 

(ii) To any Court, government or other authority to the extent necessary for compliance with a lawful obligation by the party disclosing it and to the extent necessary to any professional adviser to that party in connection with the giving or receiving of advice in relation to such disclosure.

 

3. The above will remain open for acceptance for 7 days from the date of this letter, after which it will be automatically withdrawn.

 

4. Please can you confirm your acceptance of the above proposal by signing and returning the enclosed Consent Order. If you have access to a fax machine then please fax a copy of the Consent Order to the number listed above.

 

If you have any questions on the contents of this letter, please contact me using the details listed above.

 

Yours faithfully

John Murphy

Egg Banking plc"

 

In submitting my court bundle I have incurred additional costs of around £50 in printing and posting in duplicate the evidence bundle to both Egg and the Court. Whilst the full and final settlement offer amount represents the claim amount as quoted on my N1 form, I have since accrued additional costs in the raising of the claim. The total amount stated on the court bundle that I intend to present on 19 December is £132.79 inclusive of costs and interest. As you can see, Egg's offer represents about 60% of the total claim.

 

Egg have deliberately waited to see my court-bundle before submitting their offer, and subsequently forcing me to incur the costs of producing said documentation. They had approximately three months from my filing the MCOL documentation to make this offer, at which time it would have been acceptable.

 

I would like advice as to whether I should accept the offer, or whether I should reply and advise that I will hold out for all costs. The underlying threat from the letter is that Egg will hit me with a counter-claim for costs if I don't accept this offer. My account has been closed with Egg for about 18 months, and the account has never been in arrears, so their costs will be limited to legal representation costs, I should imagine.

 

The other pertinent details are that the judge ordered that Egg provide witness statements and supporting documents to the Court by 24 November, which I understand has not happened. Nor have they provided said details 14-days in advance of the hearing (5 December).

 

I would appreciate guidance on what you feel I should do next, and what the likely outcomes will be.

 

Many thanks for your time.

 

All best,

 

Chris.

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My initial response is to refuse this. However, they may have burnt their bridges in the other ways you state.

 

You need to PM a mod about this as the Egg thread can tend to be a bit of a backwater. Go to the main page - scroll to the bottom and you will see who is online at the moment. PM someone in a colour other than blue.

 

I don't want to be too gung-ho in my advice here, so please seek someone with a bit more experience.

NatWest Charges: £3708.81. Allocated to fast track 14/10/06. *SETTLED IN FULL* 23/10/06 5% donation made

 

HSBC Default Removal and £186 charges: N1 claim issued 28/11/06 *WON* 28/02/07 5% donation made

 

Egg Charges: £370. N1 claim issued 24/11/06. *SETTLED IN FULL* 12/01/07 5% donation made

 

Natwest Student: £150. N1 claim issued 24/11/06. *SETTLED IN FULL* 10/12/06 5% donation made

Natwest Credit card: £317.01 INCLUDING CONTRACTUAL INTEREST, *WON* 30/11/06 5% Donation Made

 

Ikano Data Protection Act deception and non-complience: N1 claim issued 28/11/06. *SETTLED IN FULL* 12/12/06 5% donation made

I am not a lawyer. All advice is merely my own opinion. Nevertheless, I've won £4675 so far!

Tip my scales if you like my advice :)

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If they are not offering the full amount of actual court costs to date, then my advice would be to refuse it. They are also asking for confidentiality which I would also advise refusing.

 

You seem to be suggesting that you should also be reimbursed with the costs of producing your evidence. Whilst I appreciate that this does not appear by magic and will have cost you something, these sort of costs would not be reclaimable unless there were exceptional circumstances and the Judge would have to make that assessment anyway. In short, it's a no on that front.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Has anyone beaten Egg yet???

Live Long and Prosper!! Dont let the BxxxxxxS get you down....

 

Claiming back

Barclays £1968.00

Egg £100

MBNA £343.80 Recovered so far £140

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Why haven't we heard about that then?

 

My guess is that what's happening is the court dates come very near and Egg offer to settle with the full or very near full amount just before so that it would be unreasonable for the claimant to refuse.

 

The trick is they probably include a confidentiality clause, which is why we aren't hearing of any victories. Could that be right?

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Schnide, I am busy with day job, so do not come into forum every day, sorry for delayed reply. Yes Yasmin has won, see the URL below. Even if confidentiality agreement has been accepted, I do not think posting under a forum name would be in breach of same. I have received another PM this morning re another FULL refund tied with confidentiality condition. My correspondent will not go to the press, but refuses to be bound beyond that.

 

No question about it now, Egg is in retreat, which we can turn into a rout, so that other seekers of justice are not forced to go through such long drawn-out struggles. I have started a new thread entitled

 

"V-E Day: Victory over Egg"

 

and invite all winners to anonymously announce their outcomes to encourage those still grinding their way forward, with no breach of confidentiality agreement.

 

http://www.consumeractiongroup.co.uk/forum/egg/944-egg_charges-default-10.html?highlight=yasmin

 

 

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