Sparks v EGG **WON**

[sparks]

Fantastic site - have been lurking for nearly a year ...am finally taking action against 5 banks.

 

• May 2006 sent SAR
  
• 26/3/07 submitted request for repayment of charges
  
• 2/4/07 Recived offer of £4.00 back for each £20 charge + waffle about OFT report and my having provided no evidence that £20 was not a genuine 'pre-estimate' of the loss I caused to Egg for each breach of contract!
  
• 6/4/07 rejected Eggs offer - asked them to detail the breakdown of what my 'breaches of contract' had actually cost them. Will send them LBA on 12/4/07

[zootscoot]

Good luck Sparks

[elisedriver]

Good luck.

 

Your timescales are identical to mine - and I received a FULL REFUND today, so hopefully the same shift team are dealing with your claim and you'll get something in the post tomorrow.

[sparks]

Thanks elisedriver and zootscoot,

 

Yup home from holiday today and FULL offer from EGG (small claim as almost all EGG charges were over 6 years ago).

 

However there are confidentiality conditions attached to accepting the offer. On principle I am inclined to reply that I only accept their offer if these conditions are removed - or should I just take the money now? Anyone have any thoughts on confidentiality clauses???

 

thanks

[un1boy]

Just cross off the confidentiality thing, or write on there that it is accepted unconditionally!

 

Sparks, have they closed ur account?

[zootscoot]

I think its a little late for confidentialitity now!

 

Yes cross it out and send it back. Well this is a short and sweet thread!

 

 

Congratulations!!!!!!!!!!

:D

Don't forget the survey

Enjoy!!

[kriso]

Congrats! I'm also in the process of getting my money back from Egg but taking a little longer than you guys. Egg offered me the £4 thing back in February which I declined and we have been going through the usual steps since then. Recently got a court date for the end of May so hopefully they will settle soon.

[un1boy]

Hiya Sparky, did Egg close ur account??

[sparks]

I closed the account in 2004!

[represent1]

Fantastic site - have been lurking for nearly a year ...am finally taking action against 5 banks.

• May 2006 sent SAR
  
• 26/3/07 submitted request for repayment of charges
  
• 2/4/07 Recived offer of £4.00 back for each £20 charge + waffle about OFT report and my having provided no evidence that £20 was not a genuine 'pre-estimate' of the loss I caused to Egg for each breach of contract!
  
• 6/4/07 rejected Eggs offer - asked them to detail the breakdown of what my 'breaches of contract' had actually cost them. Will send them LBA on 12/4/07

[/quote=represent1]Received same offer by Egg, detailing they would return £76 being the difference of £4. Stating that offer would be rejected in 14 days. Should I notify them that I wish to reject their meagre offer (if yes, does anyone have a reject letter) or just go straight to Court, following through with my LBA. Must admit to feeling a bit bewildered as letter was extremely threatening!

[sparks]

[/quote=represent1]Received same offer by Egg, detailing they would return £76 being the difference of £4. Stating that offer would be rejected in 14 days. Should I notify them that I wish to reject their meagre offer (if yes, does anyone have a reject letter) or just go straight to Court, following through with my LBA. Must admit to feeling a bit bewildered as letter was extremely threatening!

 

Yes, the language of their letter to me was pretty threatening but actually meaningless!

 

FYI I have pasted the reply I sent them rejecting their initial offer of £4 per charge - within a week of sending it they had written back with a revised offer denying any liability but offerring to refund the charges in full!!

 

Its up to you but if you are hesitating over sending an LBA I would suggest you send them an interim letter rejecting the offer - who knows, they may settle your claim as readily as they did mine.

 

 

Dear Ema Clayton,

 

EGG CREDIT CARD NUMBER xxxx xxxx xxxx xxxx

 

Response to settlement offer.

 

Thank you for your letter dated 4/4/2007, EGG Reference xxxxxxxxxxxx.

 

I respectfully decline your offer of settlement and request, once again, that you return to me the charges imposed on this account that I specified, totaling £xx (excluding statutory interest).

 

If, as your letter appears to imply, £16.00 reflects a genuine pre-estimate of the loss caused to EGG for each incidence of exceeding my credit limit or for an unpaid direct debit, then I request that you provide me with a breakdown of how this amount has been calculated. In the absence of such a breakdown I will continue to believe these charges do not reflect your true costs and are therefore unlawful.

 

I will therefore accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remaining £xx, with a County Court claim if necessary. Should such a claim be necessary I will also be seeking interest at the statutory rate, which I calculate as currently totaling £xx, court costs and any other costs I incur in recovering this money from you. I sincerely hope that such action will not be necessary and am genuine in my desire to reach an amicable settlement with you without recourse to the courts.

 

My Request for Repayment letter dated 26/3/2007 indicates that you have until 12/4/07 to respond before I proceed to the next stage of my request. My deadline remains the same despite your offer.

 

For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

 

I trust this clarifies my position.

 

Yours sincerely,

 

[un1boy]

I closed the account in 2004!

 

Ok mate.

 

Mine is still open, but if they try to close the account then the agreement is unenforcable anyway, hehe.....so, they can't take any action on it without a court order!!

[sparks]

 

However there are confidentiality conditions attached to accepting the offer.

 

thanks

 

Just got a letter saying they will remove confidentiality clause...and where should they send my cheque!!!!

[un1boy]

Just got a letter saying they will remove confidentiality clause...and where should they send my cheque!!!!

 

Excellent mate!!!! Well done!