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maxine989

The Egg Battle is *** WON ***

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Hi there.

 

I am currently at other stages (further down the line) claiming bank charges back from other institutions... and am begining my battle with Egg today!

 

I have a loan with Egg that was originally taken out to pay my Egg card off which was way over it's credit limit due to spiralling charges. The Egg card account in now closed. Since then the loan been refinanced several times to get me out of spots of trouble during maternity leave and other 'skint' times I have experienced in the past few years.

 

Today I received a large enverlope from Egg containing the data I requested on the 17th November 2006... yes they certainly took their time.

 

Well, the bundle of papers are huge and it all looks quite complicated. There are pages of information, explanatory notes, pages of screen shots with loan details and payments and also 'some' copy statements from my credit card account.

 

I have sat for over an hour going through this pile of stuff and I have come to realise that there are patches of information missing. It seems that the copy credit card statments start in Jun 2001 (instead of Nov 00... which would be 6 years backdated from the date I requested them) and end in sept 02, over a year before the initial loan was taken out to pay off the card. SO they have witheld the data which would show when the card account began to spiral out of control with charges building up. HMMMM!!!

 

Then... the loan details, shown as copies of screen shots do not show any tranactions from the satrt date of the loan up until it was refinanced 1.5 yrs later. I am only shown information and transaction details from the dates of the refinanced 2nd loan. Again, data showing charges and details of when my loan was defaulted are missing.

 

It seems that Egg have strategically left out the information I specifically need in order to begin a claim against them.

 

I feel this is very under hand and shows that they have spent a lot of time in order to miss out the relavant information.

 

Also to make the bundle look big enough, they have put in a lot of duplicates.

 

I am utterly gob smoacked so to speak...

 

How can they do this??

 

And what should I do next??

 

I will begin compiling a letter pointing this out to Egg. Already it had taken them over 40 days to provide me with this data and now it looks as if I am going to have a fight on my hands to obtain the actual figures I need.

 

Any advice anyone??


Moodle

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I have just telephomed Egg and had a very long winded conversation about the missing credit card statements. First of all I was told that I would need to pay £2 per statement. After I expalined that I had already paid the £10 fee I was told there would be no extra charge. They then began the proccess of filling in a request form over the phone... this took ages and they are going to call me back as they couldn't find relavant info as the card is not active.

 

Now I on hold while I wait to get through to a differnt department (and have been for quite long time listening to dated disposable chart music) to request the missing info from my loan account....

 

I think I will send a letter too just incase!

 

GRrrr! I'm not in the mood for this today ... why is nothing ever straight forward!!?


Moodle

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I would report them to the information commissioner for breaching the data protection act.

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This is the letter I have written to Egg.

 

It may be of use to someone else having similar difficulties with egg.

 

Dear Sir/Madam

 

This morning I was pleased to find that you had sent me the data I requested in my previous letter dated 29th November 2006.

 

However, on closer inspection I was disappointed to find that the information you have provided me with has missing periods of transactions.

 

You have provided me with copy statements of my Egg credit card account for the period 22nd May 2001 –16th September 2003. I asked for ‘a complete list of transactions and charges relating to my closed credit card account’. The card account was paid off and closed in the October of 2003, and so there are 13 missing statements here that should follow on from the 16th of September 2002. Additionally I have not received copy statements for the earlier period before the 22nd May 2001.

 

In addition to the missing statements from my credit card account, there are missing transactions from my loan account also. In the screen shots you have provided me with, I find that there are no transaction details from the period of when the 1st loan was taken out (on the 26th June 2002) up to the date when the loan was topped up by a second re-finance loan (on the 13th October 2003). Both loans were taken out to pay off overdue payments and spiraling charges that had accumulated at a time when I had fallen into financial difficulty.

 

May I remind you that you are required by law to provide me with the data I have requested within 40 days. Those 40 days are up on the 20th January 2006. If I have not received the information by this date I will be filing a report to the Information Commissioner for a breach of the Data Protection Act and will begin to force compliance through the courts.

 

It seems as though you have purposefully concealed transactions that reveal when my accounts fell into areas and the dates when charges were applied. I am somewhat shocked at the underhanded tactics used by such a supposedly reputable company as yourselves and feel that it is definitely a matter to be taken up with the appropriate authorities.

 

If I have not received the data required by the date said above, I will begin a claim against you on the 20th January 2007 for the charges levied from my account using an estimated schedule of charges.

 

Yours faithfully,

 

 

 

 

 

Miss Maxine989

I will send it tomorrow and in the meantime begin preparing an estimated schedule of charges for the missing dates.


Moodle

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Blimey Maxine, poor you! If it were me who had info missing/held back, I would take it really personally, such a bad way to be treated.

 

Keep us posted, and as I always say, take no prisoners!

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Hello all Egg hunters

 

Today I received the missing statements... and surpise surprise they were all the statemetns which showed fees that had been applied. I still am shocked at how they thought if they missed out the statements showing charges, from the data request bundle, I wouln't notice... DDDUUURRR!! Very underhand!! They soon responded to my letter though... so I suppose that's a good sign.

 

So... I have just created my schedule of charges with added 16.9% compounded contractual interest... and written the prelim letter...

 

They will be popped into the post today. No doubt this will be the beginning of a very long process of trying to get my charges back.

 

14 days until next stage... Will keep you all posted.

 

Maxine


Moodle

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As there is clear prima facia evidence of intentional coverup, I believe you would be entitled to compensation for the time and trouble and aggravation this underhand tactic cost you. Not a punitive charge though as that is ruled out by legal precedent from 1911. Just the actual cost of your time spend on counteracting their fun and games.

 

Bureaucrats think they can one hide behing another. However when charges are laid in court, one person is ultimately answerable -- Egg's Company Secretary. If you face further obstruction and runaround, suggest you always send a copy of complaint letter to the C.S. whose name and address and be found from Companies House at a cost of £2. The fact that he is the person ultimately required to stand in court will concentrate his mind, and he will ensure his underlings do not indulge in illegalities in his name.

 

All best wishes.


 

 

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Hi maxine989,

 

Did egg supply you with a copy of the default notice for the loan?

 

Kin regards,

 

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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They sent me copies of screen shots that mention the re-finance loan and a copy of the agreement with my signiture on it.

:-)


Moodle

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Hi

 

I received a letter yesterday from egg, stating that that the charges were agreed in my credit agreement and in accordance with section 7 of the agreement blar blar...

 

I have now sent the LBA in response.

 

Their letter then goes on to say (in section 4): 'Regarding our future bank/customer relationship with you, we should point out that where we feel that this relationship has broken down, eg in the event of legal proceedings, it is our policy to consider ending the agreement. If we do this you will no longer be able to use your Credit Card but you will still be liable to repay any balance on your account.'

 

Now, I can imagine some people will be freaked out by this counter claim threat. But... I reckon that this is still a standerd letter that they send out to everyone because if they had looked into my individual account information, they would see that I have no balance to pay and that I have already closed the account.

 

I have read about a lot of egg customers who have had egg counter claim against them. It is just another tactic to try and scare people off. Egg would have to take people to court and then the judge would decide a fair way for an egg customer to repay the balance...

 

Please don't get worried about this people (if you are in that situation). It seems egg are trying all sorts of dirty tricks... they ought to be investigated by a proper authority really.

 

Maybe it's worth people joining forces and sending all this info to Watchdog???

 

Do not be put off by their tricks and threats.

 

This company is definitely a stinking rotten egg...!


Moodle

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Had a fob off response to the LBA... They said they were willing to give me back £4 per tranaction (per charge), bringing it down to £16 each charge (the cheek!... not even the £12 that the OFT suggested)...

 

So, I filed at court on the 29th Jan 2006 for the full amount...

 

Just gotta wait 14 days now, to see if they acknowledge... we're on day 4 now, 10 days to go.

 

Gosh all these claims going to court are breaking me. I've filed 6 N1's in the past month or so (Natwest bank x2, Natwest credit card, Halifax card, Lloyds TSB bank, Brclays Bank)... it's killing me... I just hope I get a result on one of them soon as I am completely skint!!

 

:-)


Moodle

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Now I have a dilema. In the post this morning I received an offer from egg.... Yes, EGG of all people... the ones who are toughest to crack... or so I thought!

 

The offer contained:

1. full charges

2. 8% interest

3. court fees

 

Now my initial response is... great... sign the form and get the dosh.

 

But... don't you think it's strange that we are starting to get a lot of offers like this from banks and card companies before the AQ stage?

 

So... why are they paying up? Is is because they know there is a chance they could have to pay the higher interest if we carried on with the claim?

 

I originally claimed charges + 16.9%... so there offer is about £150 short of what it would have been if I went the whole way.

 

After all the debating I am now unsure of what to do with this offer, even though all along I have been saying I will go to the end for the contractual. I have won two other claims with contractual interest (charges + 16.9%).

 

Doubt is brewing in my thoughts...

 

This is why some of us need more guidance... many of us are unsure now... where-as before we felt confident in our actions.

 

ArGGGHhhh!!


Moodle

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Congratulations Maxine, on the success now delivered on a plate.

 

It comes down to weighing the pros and cons. Can you afford the time and attention for more paper work? It looks as if Egg has conceded they will not go to court under any circumstances, and know that claimants know that they know that the claimants know that they know. It is not a question if the court will award 8% or 16.9% interest, it is that Egg would rather die than go into court.

 

Reclaim of full interest would not be a windfall for you, it would merely be refund of what was unlawfully mugged from you. There is also the psychological aspect -- everything Egg does it has always done with superior arrogance, selfrighteousness, and swagger. It would wash away bad memories when bullies are brought to book in front of the majesty of the law.

 

Not a penny more

Not a penny less.


 

 

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So Mistermind... if you were me would you hold out for the 16.9%?

 

I have said all along (in various debates on other threads) that I think we are entitled to claim to 16.9... but these past few weeks on CAG have been strange. Attitudes (surrounding contractual interest) have changed and there seems to have been a change in the opinons of many (including some mods)... so, that is where the doubt in my mind has seeded from.

 

Like you say... many bank and card companies would rather pay up than go to court. SO my gut feeling is to carry on. After all, egg did give me the run around at the beginning of this claim. I would imagine that all preliminary offers made are going to be less than what has been claimed for...

 

Hmmm.... I don't know what to do. I will ponder on it through the day.

 

I had a bundle of other bank claim related stuff through the post today too, including a copy of Cobbetts AQ (Natwest) which has confused me some-what, as it says stuff I don't really understand. So I am going to sift way way through that lot and try and read up on things... at the same time as watch my kids and do some work too... busy times indeed!!


Moodle

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I'm still pondering!! I have joined Bill K thread to discuss the changing views of contractual interest. Take a look if you get changce...

 

http://www.consumeractiongroup.co.uk/forum/general/66851-contractual-confusion-compounded-daily-3.html#post577185

 

sorry... I am not clever enough to link it properly, so you will have to copy and paste it.


Moodle

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Maxine,

My circumstances are different, hence different pragmatic priorities.

 

I have not been reading other postings, so am not familiar with the groundswell of opinion to which you alluded, swaying on the interest issue. Capitulation appears to be a recent sea change of policy as well as solicitors engaged by Egg.

 

My brief reading of other successful Egg outcomes appeared to indicate a bargaining process. Whatever the initial offer, the most determined claimants got what they asked for. For instance where Egg initially offered full refund with gagging clause, and the claimant refused, Egg then came back by return of post with the same offer with gagging clause removed.

 

If Egg were fighting a rearguard actiion their heart is obviously not in it, if Egg had a heart. If you have come this far negotiating Egg's obstacle course, one more letter reaffirming your just demand for refund would not cost much. Egg has everything to lose. Their offer in black and white is already in your hand. If they wish to drag out tedious haggling hoping the counterparty dies from boredom or old age, it would always be possible to cut losses and accept the previous offer. I would suggest it unlikely Egg would withdraw same -- their offer is an admission of defeat, they would dread having it publicized.

 

Your avatar suggests a goalkeeper facing a penalty kick. I suggest you are the star about to rocket the ball into the back of the net, and that Egg is the one who is debatinig, on the one hand, on the other hand, then .......

 

Goal !


 

 

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Your avatar suggests a goalkeeper facing a penalty kick. I suggest you are the star about to rocket the ball into the back of the net, and that Egg is the one who is debatinig, on the one hand, on the other hand, then .......

 

Goal !

 

yes... funny!!

 

Your comments are well written with very valid points (sorry, don't mean to sound like I am marking your English homework..ha!)...


Moodle

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Quick update

 

I have decided not to take the ffer egg have made me (full charges + 8%) and keep on going.

 

Egg have until the 4th March to send in their defence. So far I have just had the acknowledgment stating that they intend to defend.

 

I have been discussing the issue surrounding Contractul Interest (again) on the CI thread.

 

http://www.consumeractiongroup.co.uk/forum/general/68555-contractual-interest-discussion.html

 

This is what I have said on that thread:

 

I have rejected the offer. Egg have done nothing but mess me around. And... the charges I am cliaming for were fee's that snowballed out of control when I was at University.

 

Egg offered me a re-finance loan to pay the credit card and the snowballing fees off which I am still paying back now. Of course it has cost me a lot over the years in interest... and all of this could have been avioded if they hadn't of hammered me with fees at a time when I was financially struggling to pay my rent, feed my kids and pay my tuition fees at Uni.

 

I have been seriously thinking about the whole situation concerning CI. I have made a decision to go the whole hog, after all my claim was for full refund of charges + CI right from the beginning and so I don't see why I should accept less.

 

I know it may be a risk. However, I feel confident about arguing my case. And... if I have to state my reasons before a judge, then I will... I am happy to see what happens and I will accept the outcome whichever way the judge decides.

 

I am not worried about loosing. If I do... then at least we know the score eh?

 

:-)


Moodle

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I'm with you maxine X

 

Milly XXX:)


CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Cheers matey..

 

How it going with you? I will pop accross and have a look at your threads later once I have got the kids dinner sorted out.

:-)


Moodle

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Maxine,

 

The considered way you reached a decision does you credit. The standard you raised to flutter in the wind announces the point of principle on which you stand. Despite Egg's provocative runaround the patience and moderation of your response ought to disarm any opponent with any sense, and influence a judge wherever he can exercise discretion.

 

Your children will be proud of you, and your children's children, and your children's children's children.....

 

Mr Mind


 

 

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Thank you Mr Mind

 

 

That is really a very nice and thoughtful thing to say.

 

;)


Moodle

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Quick update.

 

I declined Eggs offer.

 

Today I am going down tho the court to file a judgement because as far as I know Egg have not defended. I telephoned the court this morning and she said that there was nothing on showing on the computer file to say they had defended.

 

So... it could be a possible win without it going any further.

 

Fingers crossed.

 

Maxine

:-)


Moodle

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Hi, I am still awaiting Egg to send my copy statements .... 40 days are up in 6 days ... if there a phone contact for them please???

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