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    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.' Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer. I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved. I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
    • You really MUST respond to the Singe Justice Procedure (SJP) notice and do so BEFORE the 'cut off' date.   Clearly, you will need to plead guilty and by doing so, you will benefit from having a one third discount in the amount of the fine issued.   You do not....I repeat NOT need to enlist the help of a solicitor and by pleading guilty, you will NOT be required to attend a hearing.   what exactly is stated on the charge sheet.    
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Mistermind

V-E Day: Victory over Egg

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3395 days.

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Suggest go to the last page

 

 

 

Venicegondolasatsunset.jpg?t=1190149312

 

 

 

A legend has grown up that Egg always digs in, and nobody can beat the Egg. This is untrue, Egg have caved in time and again and offered full refund, but attaching a confidentiality condition each time.

 

All who have been offered full refund are invited to briefly describe their success. As postings will be under anonymous forum names this action will not breach the confidentiality agreement -- unless any legal eagle knows different.

 

The jungle of Egg threads have grown to such volumes that it is hard to keep up. Suggest this thread be used like a quick index to navigate to other threads with full details -- the sheer number of successes will encourage others being put through the same ordeal by Egg.

 

Egg is in retreat. Lets turn it into a rout.


 

 

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Yasmine won full refund.

Blackcatchillers won full refund.

Anyone else please?


 

 

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waynedear won today.

 

Sassylass won today.

 

FOUR - nil


 

 

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No offence to anyone, but if you let them attach a confidentiality clause to your settlement, you are letting them build that legend.

 

There is no reason whatsoever to let any bank attach any conditions to your claim. YOU are the claimant, THEY are the defendant, and there is no legal or moral reason whatsoever to accept them setting conditions to refunding you YOUR money.

 

Out of all the bank claims on my sig, all but one of them tried to impose confidentiality. I refused on every one of them. And got my money on every one of them.

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Mcuth won on 13th December 2006.

 

Fergal71 won on 28th December 2006.

 

CAG Claimants 6 - Egg 0

Bad luck comes in threes, but good news comes in sixes. :D


 

 

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Bookie is right as usual ;) they cant enforce it on you.

 

Hopefully Egg have posted out a full offer letter to me which will be waiting on my hall floor. I will not be accepting a confidentiality clause. :D


 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Joa mentioned in his thread that Egg has switched law firms and now Egg appears to be falling into line, refunding like other institutions and no longer fighting to the last ditch wasting everybody's time -- cheers to all still going through the process.

 

Apparently Egg insists on a confidentiality agreement in every case, hence we have heard but a fraction of the success stories, without the heart-warming names and figures. No way can open secrets be covered up for long.

 

Message to Egg -- please pull your finger out of the dyke. The deluge is coming in spite of you.

Admanbo80 - won on 20th December 2006.

 

Johnnie Reclaim - won on 21st December 2006.

 

Joa - won on 22nd December 2006.

 

CAG Claimants 9 - Egg 0 icon10.gif


 

 

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i have claimed against several banks and 4 have tried t attatch a confy clause i do hope i will be the first to get payout without accepting the confy clause i am looking forward to seeing their confy clause

bring it on egg just try and break me if you can


SETTLED CASES

LTSB (CC) £20 21-8-06

HSBC (CC) £600 19-10-06

HSBC (Ac) No.1 £1900 25-10-06

RBS (CC) £900 25-10-06

Smile (Ac) £1300 17-11-06

A&L (Ac) No.1 £400 23-11-06

A&L (Mortgage ERC) £3900 4-12-06

LTSB (Ac) £200 13-12-06

A&L (Ac) No.2 £120 19-12-06

HSBC (Ac) No.2 £650 29-12-06

LTSB (Business) £1700 13-2-07

RBS (Ac) £4500 + Default Removal 17-3-07

Barclays (Bus) Warrant of Execution 10-3-07 not used yet

ONGOING CASES

Egg (CC) N1 Filed £1300 + Default Removal Judgment Order 9/1/07 In my Favour

Barclays Business loan & 2 accs. S.A.R N1 filed Judgment in Default isued 15/2/07

HSBC (CC) have failed to produce Credit Agreement

TO DO CASES

Egg (Loan)

LTSB (Ac Ltd Company)

LTSB (Loan)

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Angry Cat won on 30th December 2006.

 

CAG Claimants 10 icon10.gif -- Egg 0 icon9.gif


 

 

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With the greatest respect to you Mistermind, I have not won!

 

Egg have offered a settlement figure to me which is incorrect, bound by unacceptable terms. Therefore I am unable to accept Egg's offer.

 

The battle is not over in my case!

 

Mistermind, I can appreciate that by compiling a list of successful Claimants may provide great encouragement to others, but obviously the list has to be correct. Your statement: "Angry Cat won on 30th December 2006" is wrong, I have not won but simply been offered an amount of money.

 

As soon as the Courts re-open, I intend to amend my Claim and or, issue a further Claim against Egg.

 

No offence intended.

 

AC

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Thank you Angry but Polite Cat, there is no greater compliment to a thread than an inaccuracy pointed out by readers.

 

Painting an impression on New Years Eve, the ranks of the Allied forces are massed outside the Brandenburg Gate, and the lawbreakers are hiding and squirming in the underground bunker unable to face unconditional surrender.

 

CAG Claimants 9.5 icon10.gif -- Egg 0 icon9.gif


 

 

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----------------------------------

On a different note, I read in Betfair forum the following interesting posting re delaying tactics, i.e. having settled in other similar cases, what is the bank's intention in making as if it wants to fight another case -- apart from dragging out the process as long as possible, and intimidating claimants who are laymen at law!

Such blatant time wasting will not be tolerated by the court.

------------------------------

 

Neil Warnock AKA Colin ******

 

10 Jan 10:45

spacer.gifIn Lincoln, a district judge put on the orders the following

 

IT IS ORDERED THAT

 

The Court of its own motion is considering striking the Defence out as an abuse of process on the basis that it has settled all previous claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled.


 

 

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Is this a 4th case where this has happened at Lincoln, the other 3 being myself (kazzaw) v LTSB, mahatmacoate v LTSB & jodyperry v NatWest?

 

If this is a fourth case which bank is the claim against?


FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Roll of Honour - full refund won from Egg:

 

.5th December 2006 - Yasmin

13th December 2006 - Mcuth

20th December 2006 - Admanbo80

21st December 2006 - Johnnie Reclaim

21st December 2006 - blackcatchillers

22nd December 2006 - Joa

28th December 2006 - waynedear

28th December 2006 - Sassylass

28th December 2006 - Feergal71

13th January... 2007 - Kazzaw....... (without confidentiality clause)

13th January... 2007 - KateandPete (without confidentiality clause)

 

..CAG Claimants 11 - Egg nil


 

 

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Hi,

 

I know some people were also trying to get their default removed. Has that happened to anyone who has won his or her case?

 

 

Thanks,

Hondamad


__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

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Yasmin is purusing Egg for removal of default tag. Search for threads started by Yasmin and you will find it -- a long one.


 

 

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Add me to the list - won without confidentiality!

 

Particular thanks to Mistermind, Angry Cat, Countrybake and Chris1978 for your help, and obviously to the owners of this site.

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18th January... 2007 - Schnide (without confidentiality clause)

 

..CAG Claimants 12 - Egg nil


 

 

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Hi Mistermind-

 

The following is the Egg Roll of Honour:-

 

Re: V-E Day: Victory over Egg

 

--------------------------------------------------------------------------------

 

Roll of Honour - full refund won from Egg:

 

.5th December 2006 - Yasmin

13th December 2006 - Mcuth

20th December 2006 - Admanbo80

21st December 2006 - Johnnie Reclaim

21st December 2006 - blackcatchillers

22nd December 2006 - Joa

28th December 2006 - waynedear

28th December 2006 - Sassylass

28th December 2006 - Feergal71

13th January... 2007 - Kazzaw....... (without confidentiality clause)

13th January... 2007 - KateandPete (without confidentiality clause)

 

..CAG Claimants 11 - Egg nil

 

Plus:-

 

18th January... 2007 - Schnide (without confidentiality clause)

 

Because my Court hearing is on Monday 29 January, I really need the Claim Numbers plus amounts & date of the winning Claimants!

 

I have trawled the Litigants Concluded forum and the only Egg Claimant showing that I can find on that forum is maroonfox5 that has had their Claim settled.

 

It would really help me and other future Claimants against Egg, if the County Court Claim Numbers plus amount claimed could be added to your roll of honour. Obviously, the members Claim Numbers, who accepted the confidentiality clause should not be added.

 

Angry Cat

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Dear pussycat,

 

With your hearing on Monday there is hardly much time left, and not everyone visits this site every day. To ensure making contact in time, I would have thought it best for yourself to send a PM with as much tact as urgency, to the 3 winners who were happy to make public their unconditional victory. Best of luck!

 

I have always got on well with cats, so am not scared of same.

But to the Egg I say: be afraid, be very afraid.


 

 

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It would really help me and other future Claimants against Egg, if the County Court Claim Numbers plus amount claimed could be added to your roll of honour. Obviously, the members Claim Numbers, who accepted the confidentiality clause should not be added.

 

Angry Cat

 

Here's mine:

 

KAZZAW V EGG

 

Claim number: 6QZ73946

Issued: 17.10.06

Court: MCOL

Charges: £300

Interest: £93.51

Costs: £50

Total Claim: £443.51

 

Transferred to Mansfield County Court. Bundle to be submitted by 18/01/07.

 

Received cheque for full settlement inc interest to 20/01/07, £451.79 on 16/1/07

 

Hope that helps AC. ;)


FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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And mine..

kateandpete vs. Egg

Claim number: 6WA02787

Court: Warrington County Court

Issued:16/11/06 approx

Acknowledged: 28/11/06

AQ's filed by: 08/01/07

Settlement in full sent on: 9/01/07

Total sum: £456.72 (of which £320 charges, remainder interest charged on penalties, 8% interest on both and...)

Court fees: £50


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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Possession may be nine points of the law,

but the tenth point has arrived -- repossession by bailiffs:

http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=430129&in_page_id=1770&in_page_id=1770&expand=true#StartComments

Customer sends bailiffs in to seize bank's computers

Declan Purcell: Striking a blow for the customer

 

A man who was fed up with paying massive bank charges decided to give one of the high street giants a taste of its own medicine. When Royal Bank of Scotland refused to refund £3,400 charges that Declan Purcell believed he was owed, he sent in the bailiffs.

Stunned customers at his branch of RBS watched as debt collectors seized four computers, two fax machines and a till filled with cash. The branch manager was told that the items would be sold unless RBS came up with the money owed to Mr Purcell. Only when the manager gave an undertaking that the debt would be paid did the bailiffs leave.

Mr Purcell said: "I think the bank was pretty shocked when the bailiffs went in. But my view is that this is exactly what they would have done to me." The move, which will raise a cheer from millions of other bank customers, is part of a consumer fightback against bank charges, which net an estimated £4.5 billion every year.

Every time a current account customer goes overdrawn by as little as £1 most banks will charge around £28, even though the administration cost is only about £4.50. Then every cheque, direct debit, or card transaction that goes through or is bounced incurs another charge of up to £38. The Office of Fair Trading is investigating whether banks have implemented these charges unlawfully. The Daily Mail's Fair Play on Charges campaign and that run by the Consumer Action Group have helped thousands reclaim charges in the past year.

Like other customers Mr Purcell, 48, from East London, had warned his bank that he was prepared to go to court to claim back charges he believes were imposed unlawfully. In June last year he demanded the refund of £3,400 charges he accrued during the previous six years while running a motorcycle dealership. RBS ignored the claim so in October Mr Purcell filed an online application to get the money back through the county court.

 

After 30 days the bank had not responded and so on December 10 the court ruled in Mr Purcell's favour. It ordered RBS to pay the charges and £120 court costs. When RBS again failed to respond Mr Purcell got the court to give him a warrant of execution, allowing him to order debt collectors to reclaim items from the bank equal in value to the amount he was owed.

Finally on Monday, January 8, a team of debt collectors walked into the busy Camden Town branch in North London, demanded to see the manager, showed their court order and announced that they were repossessing items.

Mr Purcell, who now works for London Underground, said: "I was dismayed by the bank's reaction when I made my claim for a refund – it was so rude and arrogant. They thought they were above the law, so it is great to know that customers can use the law in the same way the bank does to get money they are owed."

A spokesman for RBS said: "We are looking into this as a matter of urgency, but early indications suggest that unfortunately due to an administrative error, the bank failed to defend the claim leading to a default judgment being obtained on the branch and a resulting warrant. "The confusion was cleared up at the branch."

Marc Gander, who set up campaign website Consumer Action Group, which helps consumers get refunds from their banks, said: "I am quite sure that Mr Purcell will not be the last person to send bailiffs in to his bank. The continued operation by UK high street banks of their unlawful charges regimes will see to that. "The heavy-handed debt collecting approach is something that the banks have been handing out to their customers for years. Mr Purcell simply gave them a bit of their own back."


 

 

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