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    • OK, so I've rather unfairly picked up a CCJ from a business overdraft debt that's been going on for years. I had court claim forms in 2014 which I managed to stave off. and again in sept 2016. This time I've acknowledged the service, filling in what I thought was the correct amount I thought I owed. I've since had the personal guarantee paper copies in my possession and I owe £21K. I sent them back along with a new address for all correspondence to be sent to, and then agreed to a Tomlin order to pay debt off monthly.  Now, these were sent back and forth and eventually signed, but apparently only partially. So DD was set up at same time, in Jan 2017. over next couple of months we paid, and also go letters to sign new Tomlin which we ignored as it was signed. In March we got another TO with 7 days to sign it and send back. We had one day to get this to them and phoned to say it wouldn't be there, that's ok they said, well extend it, just keep paying and send it back asap, we did send recorded (since lost receipt). We assumed they'd got it, and didn't hear a peep from them. Until July 18, when I found id got a CCJ from Feb that year. I've logged a complaint with solicitor, and had a response, they are denying any knowledge of anything. They had no TO so took it to court without my knowledge.  I didn't think there was anything I can do. However, as it turns out, the court sent papers to an old address even though solicitor had new address for 13 months, and address for correspondence was on the claim papers I sent back. Upon closer inspection the numbers are all wrong too, nor a lot but its about £200 adrift. We called their office too within the 30 day notice period, oddly they have no record of that.  And all this is on a "Business Charge Card Guarantee" …. anyone explain that?? In the mean time we've paid £5K+ of the debt off. At no point did anyone in the process let us know we'd had the CCJ logged against us. Is that right?? Or legal? I was intending to get it set side, but was told by them it was pointless. Just want to get back to point A. Paying it isn't the problem, it getting the CCJ reset. Please Help!!! 
    • same with jaguar s-types etc. all kind of weird issues if the battery is on the way out or the terminals/earth straps are not reconnected tightely/properly.   mine was the earthing strap to the gearbox, was rotted and got knocked during the gearbox oil change.
    • what have they got that they can respond too that counters your SB defence? zilch.   as with every erudio claimform or PAPLOC thread on CAG you solely got the claim because for whatever reason , to that date, everything was ignored.   once a response is made they go away.   default CCJ avoided. you must read up and understand how arrows [erudio!!] operate  
    • so won by a section 75 claim under the consumer credit act then   consequential losses are also covered by section 75 as the card provide is equally liable as you've already found out   as for the dealer and court there is no time limit, well 6yrs I believe   though it would be a tough battle but made slightly easier as BC coughed up. but again what would you in all reality 'win' probably go bust or change name        
    • It was settled by Barclaycard because I bought the car using my VISA credit card. Do you know if there is a time limit for taking the company to court to claim the consequential expenses incurred?
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charlieho

CharlieHo V Egg

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DPA request in mail to Egg 02/05/06

 

The Data Controller

EGG BANKING PLC

1 WATERHOUSE SQUARE

138-142 HOLBORN

LONDON

EC1N 2NA

01 May 2006

 

Data Protection Act disclosure request

 

Dear Sir/Madam

 

Data Protection Act 1998 request for :

 

Mr xxxxx xxxxxxx Account Numbers:

Egg Loan No xxxxxxxxxxxxxx

Egg Card No xxxx xxxx xxxx xxxx

Egg Card No xxxx xxxx xxxx xxxx

Please send me the information which I am entitled to access under Section 7(1) of the Data Protection Act 1998 (the ‘1998 Act’) in relation to all charges which you have applied to my above noted account within the last 6 years from the date of this letter.

 

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you. If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.

 

If you require any further information please let me know as soon as possible.

 

I enclose a cheque in favour of your bank in the sum of £10 with respect to the maximum statutory fee for processing this request.

Furthermore, if I discover that you have levied disproportionate penalties against me then I shall be reclaiming them and also reclaiming the enclosed £10 DPA disclosure fee.

 

I look forward to your response within the maximum 40-day time limit under the 1998 Act.

 

Yours sincerely

 


Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Reply from EGG re DPA request

 

Your Data Subject Information Request (DSIR)

 

Thank you for your request for details of the personal data Egg holds about you, and accompanying cheque for £10. To enable us to process your request, please provide us with one of the identification documents listed below. In the case of joint accounts, each account holder must provide a separate item of identification.

Identification

Any of the documents listed below may be used for this purpose:

. A bank, building society or credit card statement

. A store card or catalogue statement

. A utility bill

 

The document must be an original, not a photocopy, and dated within the last 3 months. It must show your full name or first initial and surname and your current address. All documentation will be returned to you. If you are unable to provide any of the above items, please attach a letter confirming your identity. This must be an original, typed on headed paper, dated within the last three months and authenticated with an official stamp if applicable. It should be from your employer, soli.ciJor or other professional body or person.

 

....Infromation then about whats covered in the DPA request and where to get information that is not covered.......

 

Then (page 3)

. What happens now?

Once we have received your identification document we will begin processing your request. We will provide your data within 40 calendar days of receiving your completed form and fee. (have already paid fee no from included)


Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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My reply to Eggs request for identification

 

Ms Elaine Elwell

Account Servicing

Egg PLC

Point North

Brierley Hill

DYS1LU

 

11 May 2006

 

Data Protection Act disclosure request

(Data Subject Information Request (DSIR) –Your Ref xxxxxxx/xxx)

 

Dear Ms Elwell

Data Protection Act 1998 request for :

 

Mr XXXXXX XXXXX Account Numbers:

Egg Loan No xxxxxxxxxxxxxxxx

 

Egg Card No xxxxxxxxxxxxxxxx

Egg Card No xxxxxxxxxxxxxxxx

To enable you to process my request as requested, in my letter dated 01 May 2006 and repeated below for avoidance of doubt, I enclose a Council Tax Noticeas proof of my identity. This is in addition to the factthat the above address is the one, which you normally used to communicate my private business to me and that you have hitherto found to be acceptable, and my signature, hitherto accepted by you as an identifying mark, appears below and on my original request.

 

Please send me the information which I am entitled to access under Section 7(1) of the Data Protection Act 1998 (the ‘1998 Act’) in relation to all charges which you have applied to my above noted accounts within the last 6 years from the date of this letter.

 

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you. If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.

 

Furthermore, if I discover that you have levied disproportionate penalties against me then I shall be reclaiming them and also reclaiming the £10 DPA disclosure fee.

 

You state under

What happens now?

“Once we have received your identification document we will begin processing your request. We will provide your data within 40 calendar days of receiving your completed form and fee.”

 

There was no form included with your reply and you have already received my DPA subject access request fee of £10.00 and sufficient information to process this request.

 

I look forward to your response within the maximum 40-day time limit (which ends on 12TH JUNE 2006 ) under the 1998 Act

 

Yours sincerely


Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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DPA request rec'd 17th June -INCOMPLETE


Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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My reply to Incomplete DPA

 

Jenny Gordon

Data Protection Manager

Egg PLC

Point North

Brierley Hill

DYS1LU

 

 

18 June 2006

 

 

 

Incomplete Data Protection Act disclosure request

(Data Subject Information Request (DSIR)–Your Ref xxxxxxx / xxxx dated 15th June 2006)

 

 

Dear Ms Gordon

Data Protection Act 1998 request for :

Mr xxxxx xxxxxxx Account Numbers:

Egg Loan No xxxxxxxxxxx

 

Egg Card No 4627 xxxxxxxxxxxxx

Egg Card No 4627 xxxxxxxxxx

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 11 May 2006.

These comprise of the following:

Copy of Personal Loan Agreement for Egg Loan No xxxxxxxxx and

Copies of screen dumps and statements for Egg Card No xxxxxxxxxxxxxxx

 

The disclosure of personal data is incomplete in that at least the following documents are missing.

1) You have failed to provide a complete list of transactions and charges for the following accounts; Egg Loan No xxxxxxxx and Egg Card No xxxxxxxxxxx

2)You have provided no notes, or documents relating to any legal action between you and myself.

This is not an exhaustive list by any means; it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further 7 days to comply with my Data Protection Act 1998 request.

 

Yours sincerely


Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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They asked me for ID as well. So I just sent them a secure message saying is this proof enough :grin: :grin: :grin:

 

hondamad21

Good luck by the way !


__________________

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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Data protection Act complaint sent to Information commision Office rew no data one account


Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Preliminary request for refund (on account that they sent info on )sent 07/08/06 -Only for£90.00 still better in pocket than in theirs.


Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Reply rec'd re Preliminary request for refund (on account that they sent info on) also trying another angle of attck to remove default via CCA request

 

This letter is about your dispute

Dear CharlieHo

 

Re: Request for repavment of charges - Account number ****

 

Thank you for your letter dated 7 August 2006.

 

Your Credit Agreement("the Agreement") with Egg Banking plc ("Egg") clearly states that Charges (as defined in Condition 8 and set out in more detail in section 7 of the Agreement) will be added to your Account if you exceed your Credit Limit or fail to make or are late in paying your contractual repayments.

 

Egg does not believe that its Credit Agreement Conditions are in any way "unlawful". Egg recognises that customers sometimes exceed their Credit Limits and/or fail to make or are late in paying their required repayments and Egg therefore puts in place systems and processes to deal with the same. The Charges set out in Condition 7 of the Agreement are calculated by taking into account the aggregate costs incurred by Egg in maintaining those systems and processes and the estimated number of customers who will exceed the Credit Limits on their accounts and/or fail to make and/or be late in paying their required repayments. The amount of the Charges applied under Condition 7, therefore, represents a genuine pre-estimate of the loss caused to Egg by customers being late in and/or failing to make the agreed repayments and/or exceeding their Credit Limits.

 

Furthermore, Egg takes steps to try to ensure that you do not incur the Charges set .out under Condition 7. For example, the Credit Agreement Conditions require you to have a direct debit in place to make your monthly payment. This is done to ensure (as far as possible) that you do not inadvertently fail to make your repayments on the due date (and do not incur the relevant Charges under Section 7). With respect to observance of your Credit Limit, you are able to see your outstanding balance 24 hours a day on www.egg.com.This enables you to monitor your balance and manage your spending within your Credit Limit (and thereby avoid incurring any relevant Charges under Section 7).

 

If you have any concerns relating to information held about you by a Credit Reference Agency you should contact the agency directly. Egg uses the following agencies:

Equifax (Equifax File Advice Centre, PO Box 1140, Bradford, BD15US)

Experian (PO Box 8000, Nottingham, NG 1 5EX)

Call Credit (1 Park Lane, Leeds, LS3 1 EP).

 

 

Yours sincerely

Ema Clayton

Customer Relations Adviser Egg plc


Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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This topic was closed on 09 March 2019.

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


Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

Share this post


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Share on other sites
style="text-align:center;"> Please note that this topic has not had any new posts for the last 4814 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
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