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    • Please do although obviously I don’t know the facts from your side but at least I can tell you how much of a cut and paste job it is.
    • Please check back for a full reply tomorrow. However, it would help if you would introduce pergo spaces into a story full stop it's very long and especially for people with small screens it's very difficult to follow when it is so compacted.   I think this straight has become rather confused because of the third party account which we received at the outset. I think it will probably be helpful if you could repost your story but on a new thread and more openly spaced please.   Then we can start to have a closer look at it. However, as I've already suggested, I think there are two issues. The question of your liability in the accident and the problem of how you have been persuaded to take a rental car at such a high rate.    I would suggest that you hold off telephoneing anyone until we have had a closer look.before you do anything on the telephone. You have obviously had some very important conversations but you don't have any evidence of them. Although the other side may say that they have recorded them, you you may find it difficult to get hold of those recordings if in fact those recordings incriminate them in any way. for instance if they have promised you that you don't have to pay anything for the hire car, that would be an extremely useful conversation to have but you may find that it is difficult to get hold of.   please start a new thread it will be much easier to continue from there                                
    • When I sadly lost my job a while back, i reportd it immpediately to DWP as you are supposed to, but didnt realise at the time that the day I reported to them was the day before I was paid out for the last month. I was actually paid extra whem I left as it was cheaper than redundancy fort the business and at the time it was a good financial move (so I thought).   I was paid on Fri 26th Jan, they paid me out 2 months in one go. I reported to DWP on the 22nd of Han that I was made unemployed, had the letters and evidence. As they spun the story, because of their assesment dates and that, my first payment was on the 1st May and reassured that it works the other way around. That when work starts again, if I dont actually receive money from the company during the assesment period, there wont be an issue as it balances up.   Can I believe this or was it another spun story? I'm concerned that as I'll be paid monthly, (Starting on the 15th paid on the last day of the month), assment ends on the 22nd. Tha they'll take that money into consideration.   I'm just concerned due to the disparity it would cause between 4 odd months I endured with zero income because of how their system works and whatever they ahe in place to counter at this end of the claim.   Anywa, it's just awonder.   Cheers,   Ade    
    • Hi, OP sister here, im going to try and explaine in full details from start to present and see if you have any advice for me on what i can do. on 15/1/2021  at 16:25pm i was traveling along hazlebarrow cresent wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR seddon. ( im going to attatch a street veiw picture and diagram wich will be more helpful in understanding how the accident accured ect) .  The owner of the parked car, which i will refer to as Mr simpson came out of his house. Myself, mr seddon and mr simpson exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property. I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect . by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and mr seddons van ect). Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21.  Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability. an engineer had collectes my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' .  I didnt hear nothing for around 2 weeks so i comtacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability' i asked them why admirel consider themSelf not liable and she read from the notes ' mr seddon said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' . the lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault. I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of wich i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!.  The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response.   Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the ' none prejudice payment) I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do .   I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . again she said ' its still in dispute, admirel are not budging i have to pass this on to management. She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!? Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum and you guys had mentioned the hire car rates may fall back on me. I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. and the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' . i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport' I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i didnt have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible.    After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' . will they find any fault with the contract just to try and lumber me with the debt? , as it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay.  And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case?    As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges.  Tomorow i am going to read thoroughly through the ' hire car contract' . i am going to give them another call and record them saying i am not liable for the debt. Any advice on how i can just give the hire car back to them without me being liable to pay the debt?  Thank you Gemma
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Tobes v Egg


Please note that this topic has not had any new posts for the last 5232 days.

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Great site, great people :)

 

I understand that penalty charges are wrong, but I'm not sure what I should claim. Due to various reasons I have experienced financial difficulties over the years, and am now a defaultee with Egg's credit card. I've had charges over a number of years and now charges because of going over the limit. I still owe a balance (I of course accept that I owe the money I've actually spent) and it seems to have been frozen whilst it is sent out to unpleasant debt companies.

 

Because I haven't paid the the balance, having just paid minimum payments or partial payments, and have a balance outstanding, have I actually any claim? I'm thinking that it could be said that the charges form part of the monet outstanding that I have not paid...Would the charges be removed from the balance, reducing the total, or would you actually be sent a payment if successful? this point is confusing me!

 

Really grateful for any help on this - I looked at the FAQ but I think it is either too simple to be included or I am blind :o

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You will not receive a cheque unless you have actually paid the charges! If you owe £1,000 and this includes charges of £500 then this £500 plus any interest that you've accrued on it should be offset against the balance. In other words it would reduce the balance of the debt. However, if in this case, the charges were £1,200 then you should get £200 plus some interest back.

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You will not receive a cheque unless you have actually paid the charges! If you owe £1,000 and this includes charges of £500 then this £500 plus any interest that you've accrued on it should be offset against the balance. In other words it would reduce the balance of the debt. However, if in this case, the charges were £1,200 then you should get £200 plus some interest back.

 

Makes sense :) will probably go ahead with making a claim then :)

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Makes sense :) will probably go ahead with making a claim then :)

 

ooooh, what if the reduction takes the total to less than the limit - could i ask for defaults to be expunged, or as the penalties are made over time are they not considered to be the reason?

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ooooh, what if the reduction takes the total to less than the limit - could i ask for defaults to be expunged, or as the penalties are made over time are they not considered to be the reason?

 

Possibly if the deduction of the charges meant that you would not have been in default at the time they issued the default notice. Do a search on "defaults" as this has been discussed quite a lot here. In the meantime, follow the step by step guide in the FAQs to get the ball rolling.

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Just sent my initial letter requesting a refund of charges - sent it by Special Delivery and it cost £4.10 :eek::rolleyes:

 

I didn't do a DPA, I just phoned up Egg and asked for all my statements; the first guy hung up but the second person said 'ok' and I received them a couple of days later, no £10, yay :)

 

Have also sent a DPA to HSBC through my local former branch, so have two claims, and I have another card with Egg so in the end it might get to three.

 

Will update when I need to :)

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Thanks :)

 

 

Received a reply today, just a standard 'we have recieved your complaint, this is how long it could take blah blah' :rolleyes:

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  • 3 weeks later...
:rolleyes: Hi guys, I'm trying to write my claim right now to send via Moneyclaim which I've said I'll do on Monday morning if I'm not contacted with a satisfactory offer...So can anyone offer me any advice on what to say on my claim? I've found the Which? document which details what you can say in three paragraphs but I was wondering if there are any examples anywhere on this site or if there is just stuff I MUST include - I have seen the Guidance section and it says the two arguments the banks can use and that I must argue against both, but can't find anything else...Just wondering if I'm missing something or if at this point we must do it for ourselves! :eek::D
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:rolleyes: Hi guys, I'm trying to write my claim right now to send via Moneyclaim which I've said I'll do on Monday morning if I'm not contacted with a satisfactory offer...So can anyone offer me any advice on what to say on my claim? I've found the Which? document which details what you can say in three paragraphs but I was wondering if there are any examples anywhere on this site or if there is just stuff I MUST include - I have seen the Guidance section and it says the two arguments the banks can use and that I must argue against both, but can't find anything else...Just wondering if I'm missing something or if at this point we must do it for ourselves! :eek::D

 

In the library section there is an example Particulars of Claim to use.

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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I signed into moneyclaim and my claim made on the 5th has already been acknowledged (I assume by Egg!?) - though that might be because I sent them a secure message saying oi, biatches, I'm suing you...But would the speed hint that they did it by using moneyclaim as well?

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Hi Tobes,

 

Just wanted to wish you luck!!!

 

hondamad21:)

__________________

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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  • 4 weeks later...

ok I have now received Egg's defence, and they have also submitted a counterclaim, so this is getting quite interesting now.

 

Do you guys think this will actually get to a courtroom?

 

I would really appreciate some help in filling out the allocation questionnaire!

 

Here it is in full:

 

1. The Claimant entered into an Egg credit card agreement withthe Defendant on 31 January 2001 (the "Agreement"). The Agreement was terminated due to the Claimant's default under the Agreement and the Claimant's debt to the Defendant was passed to a debt collection agency in June 2005. As at the date of this defence, the Claimant owes £1440.25 to the Defendant.

 

2. It is admitted that charges were added to the Claimant's Egg credit card during the course of the Agreement. Each charge was made pursuant to clause 7.1 of the Agreement as a result of insufficient funds being available from the Claimant's designated current account to cover the amount of the direct debit payment due on the Egg card and as a result of the Claimant exceeding his credit limit. Clause 7.1 clearly states:

 

"If you break the terms of this Agreement we may charge you the following, where relevant, to cover the additional cost to us:

 

£20 each month you go over the Credit Limit...

£20 if you do not keep up payments on the account..."

 

The Claimant failed to make payments on his credit card on 5 separate occasions and exceeded his credit limit on 24 occasions and charges were added to his credit card accordingly.

 

3. It is denied that the charges are "punitive" as alleged. The Defendant recognises that customers, such as the Claimant, sometimes exceed their credit limits and/or fail to make or are late in paying the required repayments and the Defendant therefore puts in place systems and processes to deal with the same. Such systems and processes included the use of computers, staff and other necessary overheads. The charges set out in Condition 7 of the Agreement are calculated by taking into account the total costs incurred by the Defendant in maintaining those systems and processes and the estimated number of customers (such as the Claimant) who will exceed their credit limits and/or fail to make or are late in paying the required payments. The Defendant avers therefore that the amount of the chargesapplied under Condition 7 represents a genuine pre-estimate of the loss and expense caused to the Defendant in respect of such customers exceeding their credit limits and/or failing to make or being late in paying the required repayments.

 

4. Further the Defendant takes steps to try to ensure that customers such as the Claimant do not incur the charges set out in Condition 7. For example, the conditions of the Agreement required the Claimaint to have a direct debit in place to make his monthly repayments. This was done to ensure (as far as possible) that the Claimant would not fail to make his monthly repayments or make such repayments late and thus avoid charges under Condition 7. Despite these steps the Claimant failed to make his repayments on no less that five separate occasions. With respect to observance of his credit limit, the Claimant was able to view his outstanding balance 24 hours a day on the Defendant's website and was thus able to monitor his spending to ensure he did not exceed his credit limit (and thereby avoid any charges under Condition 7). Nonetheless the Claimant exceeded his credit limit on no less than 24 separate occasions.

 

5. Accordingly, it is denied that the charges are unenforeable at common law.

 

6. Further on in the alternative, the Claimant has paid the default charges levied pursuant to condition 7 of the Agreement without demur or complaint on no less than 29 separate occasions over a period of four years: in the premises, the Defendant avers that Claimant is estopped from claiming that the said charges should be reversed.

 

 

Counterclaim:

 

7. In the event that the Court finds that the default charges levied on on the Claimant do constitute an unfair penalty and are thus unenforceable, the Defendant counterclaims for the actual cost to the Defendant of dealing with the Claimant's breach of contract in exceeding his credit limit and failing to make his repayments, such costs to be assessed by the Court.

 

8. The Defendant counterclaims further for all and ny other sums (£1440.25 to date) which may be due and payable by the Claimant to the Defendant as at the date of judgement.

 

Signed Dave St Clare Nelson

Legal Counsel

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Do I need to file a defence for Egg's counterclaim against me? If anyone with experience of this stage could look at my Egg thread I'd be very grateful!

 

cheers

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Whichever mod moved this - I put the above post in the general thread because I wanted a general view on claim procedure!!

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Hi - firstly, PLEASE MODS, do not move this, this is a general query!! ;)

 

 

If a bank were to ask as part of its defence/counterclaim for the 'actual cost to the Defendant of dealing with the Claimant's breach of contract in exceeding his credit limit and failing to make his repayments, such costs to be assessed by the Court', would it not then have to provide some kind of evidence as to the costs it bears, or calculations as to true costs?

 

Would that not be a possible weakness, something the banks/CC companies would not want to happen in court?

 

Cheers :)

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Also, if a judge were to find in favour of the Claimant, i.e. one of us, would he/she then decide that the Claimant should pay true costs, and do you guys think that's fair? I suppose it is, because that's our whole agreement - that the charges and penalties because they're not a true cost.

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I am aware that Abbey use this in their latest defence, and yes you are correct. It is absolute twaddle and my view is that it is aimed more at getting people to settle for a percentage - rather than something that they would wish to argue in court.

Alan, Derby, UK.

 

 

 

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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Also, if a judge were to find in favour of the Claimant, i.e. one of us, would he/she then decide that the Claimant should pay true costs, and do you guys think that's fair? I suppose it is, because that's our whole agreement - that the charges and penalties because they're not a true cost.

 

No, the whole charge would be disallowed.

 

However, if the bank was to go away, and then ask you for a charge that was reasonable, along with proof that they have been put to that expense, then I believe that you would have to pay it.

Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Please note that this topic has not had any new posts for the last 5232 days.

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