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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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banofi

Banofi v Egg

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DPA received, and prelim letter sent claiming for £120 charges. Egg replied stating in part of their letter:

"Egg does not believe that the terms and conditions of the agreement are in any way unlawful or unfair. Egg recognises that customers sometimes exceed their credit limits and/or fail to make a payment and has systems and processes in place to deal with this. These include the use of computer systems, staff and other necessary costs. The charges set out in condition 7 of the agreement are calculated by taking into account the costs incurred by Egg in maintaining these systems and processes and dividing this sum by the estimated number of customers who will exceed their credit limits or fail to make payments. These charges therefore represent a genuine pre-estimate of the loss caused to Egg by customers who break the terms of their Agreement."

They haven't actually said they won't repay these charges and refer me to the FO. Sending LBA tonight!


Banofi :|

Lloyds *WON* £1469.82 :-D

NatWest *WON* £1177.00. :-D

Morgan Stanley *WON* £112 :)

Barclaycard *WON* £144 :)

Nationwide LBA 22nd Sept 2006. Court claim filed for £5792.29 31st July 2007.

Lloyds Credit Card flatly refused to pay me on 11/12/2006.

Egg Credit Card. Small offer made (£24.00). 17/2/2007, refusal letter sent 18/2/2007.

Useful links:

www.versiontracker.com/dyn/moreinfo/macosx/23608

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Sent LBA, Egg replied offering me £24.00. I wrote back saying I want the full £133.03 and do not accept their offer of £24 as full and final settlement.


Banofi :|

Lloyds *WON* £1469.82 :-D

NatWest *WON* £1177.00. :-D

Morgan Stanley *WON* £112 :)

Barclaycard *WON* £144 :)

Nationwide LBA 22nd Sept 2006. Court claim filed for £5792.29 31st July 2007.

Lloyds Credit Card flatly refused to pay me on 11/12/2006.

Egg Credit Card. Small offer made (£24.00). 17/2/2007, refusal letter sent 18/2/2007.

Useful links:

www.versiontracker.com/dyn/moreinfo/macosx/23608

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Sent LBA, Egg replied offering me £24.00. I wrote back saying I want the full £133.03 and do not accept their offer of £24 as full and final settlement.

 

 

Standard rubbish from Egg, the paid me out on Friday. Stick to your guns. :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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I've won! They wrote to me offering me the full £133.03. but they sent me the standard letter about paying it into my account (i closed my account with them over a year ago!), and that they are going to close my account (what account?!?!). ha ha..... NEXT!! :lol:


Banofi :|

Lloyds *WON* £1469.82 :-D

NatWest *WON* £1177.00. :-D

Morgan Stanley *WON* £112 :)

Barclaycard *WON* £144 :)

Nationwide LBA 22nd Sept 2006. Court claim filed for £5792.29 31st July 2007.

Lloyds Credit Card flatly refused to pay me on 11/12/2006.

Egg Credit Card. Small offer made (£24.00). 17/2/2007, refusal letter sent 18/2/2007.

Useful links:

www.versiontracker.com/dyn/moreinfo/macosx/23608

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Nice one. I'm not far behind you.. Just sent my LBA back.. Hoping they settle as easily for me.. Especially as it's only £200.. :)

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