EGG vs Hondamad21

[hondamad21]

Hi everyone . . .

 

Well I discovered this site one Friday (4 days ago). On Saturday I sent my DPA request via egg’s secure messaging. Today I have sent a written copy enclosed with the £10 fee.

 

First off all I would like to thank all the posted on this forum. It is only by reading other peoples post (epically Yasmin’s) that I have build up the courage to start with this.

 

My story . . .

 

Well same as lots of people here. Unfortunately did not look after my account. It was when I was a student, kind of buried my head in the sand and Egg just went on charging me lots of £20 fees until they finally defaulted me.

 

My debt was then passed over to ECI (European Collections & Investigations Ltd). Who promised me that the default would be removed when I paid of the balance. Agreed an amount with them about 75% of the original debt. Paid it off and then they told me that I have to contact Egg to get it removed. For the first 6 months (after the balance had been paid off), Egg refused even to acknowledge that balance is paid off!!!!

Had to send e-mails left, right and centre to get Egg and ECI to talk to each other!! Finally in April Egg put partially settled on my credit file? Why partially? I do not know.

 

Now have sent the DPA, I checked the online statements that go back about one year and already Egg so far owes me £280.

 

I will keep every one updated with what is happening.

 

Hondamad21

 

P.S. Good Luck to everyone claiming right now!!! :smile:

[Spiceskull]

Hi,

 

Welcome to the forum. Sorry it's taken so long to pick up on your post...for some reason it has been a little busy round here of late...

 

Good luck with the claim, and keep us posted.

[angry cat]

Hi Hondamad21-

 

I am sorry to hear about all those problems with Humpty Dumpty, (Egg) especially as you were a student when funds are tight!

 

However you've done right thing in asking for a refund of the Penalty Charges.

 

I wish you GOOD LUCK:)

 

When the going get's tough, the tough get going....

 

angry cat

[hondamad21]

Not updated this for a while so a long post . . .

 

Received all the statements from Egg. As my illegal charges do not make up half or more of the amount that I was defaulted for, I am tiring another strategy.

 

I on the 21/07/06 asked Egg for a copy of my Default notice as well as the original credit agreement. I requested this via both their secure messaging as well as a recorded delivery letter.

 

 

EGG BANKING PLC1 WATERHOUSE SQUARE138-142 HOLBORNLONDONEC1N 2NA

 

Date: 21/07/06

Dear Sir or Madam

Account number - **** **** **** ****

 

 

As per my previous correspondence with yourself I am aware that your company has placed a "Default" notice against me on my credit file with Experian and Equifax.

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. However as you have recently supplied me with a copy of my statements recently because of my Subject Access Request, I am therefore willing to exclude this obligation from my request. I have enclosed a £1 postal order in payment of the statutory fee with the hard copy of this letter I have sent today via recorded delivery.

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that the default is removed from my files as unsubstantiated.

 

 

Yours faithfully

 

 

I followed this up with a secure message 7 days before the deadline was due to run out.

 

I am hoping that egg will not be able to provide the documents and I can thus have the default removed.

 

I phoned egg up on Monday the 21st Aug as it had gone past the 28 on Friday and I had not received anything.

 

Their main card contact centre said that the request had to been passed to customer relations. They gave me a number to call customer relations (0800 783 4393, if anyone wants it). First time I called them the woman point blank refused that they are dealing with it. Said, she has not had any request, any message or letter. Told me to call the card contact centre back.

This point I started to get quite annoyed. Called the card contact centre they once again told me to call customer relations as they are dealing with request. Explained to this person what had happened.

 

Essentially their excuse was that my secure message had been lost in the system but they will sort it out. (sure it did, I can still see it in my out box on the egg website)

 

Took my details and promised to get someone to call me back. A few hours later received a call from Tom who assured me is dealing with this and I should get a response by this Friday.

 

I told him that egg are already beyond the stated maximum 28 days but will give him till Friday.

 

The thing is if they fail to respond by Friday what is the wording I use to fill in my claim form for non-disclosure of my default???

 

Any help, comments greatly appreciated.

[Yasmin]

Hi hondamad21 In exactly the same predicament, they have totally ignored all attempts to obtain this info. from me so far.

[hondamad21]

Hi yasmin,

 

Well I am just going to wait till Friday, If I receive nothing then will raise a claim for non compliance and also asked for the default to be removed.

 

I read somewhere that if a company does not responds in 28 days for Statutory Notice pursuant to Sections 10 and 12 of The Data Protection Act 1998 it is actually a criminal offence???

 

Can someone please clarify . . .

 

Thanks

Hondamad

[hondamad21]

Ok have not received any paperwork from egg. It is now way over the 28 days they are aloud. :-x

On Monday 28Aug will launch a claim against them at Edinburgh Sheriff Court for failing to provide a signed true and certified copy of the original default notice.

 

Any help in the wording of the claim will be much appreciated.

[Stopthethieves]

Is Monday not a bank holiday north of the border?

 

Regards

[deathshead]

nope

[hondamad21]

Instead of going to court I passed my complaint to Trading Standards.

They chased Egg up for me. Egg advised TS that they had sent me a copy of the default notice. However they had only sent a computer print out about 2 months after my first letter.

Have advised TS of this and now am waiting to hear back. ..

[hondamad21]

Hello,

 

Well after tiring of waiting for Trading Standards I today went to my local Sheriff Court to hand in my small claim summons. I was however told that I cannot ask for my default to be removed under the small claims track I have to move it to Summary Cause Action.

 

This will then leave me open to full expenses should the judgment go against me. :o

 

 

Has anyone else had this?

 

Yasmin, did you have to do this as well for you claim and default removal???

[Yasmin]

Not at all, the default removal was part of the same claim however "unlawful charges" small claims track. So maybe if it's solely default removal there is a different ruling or could it be where you are based? Let us know the outcome hondamad21;)

[hondamad21]

Hi Yasmin,

 

No my claim is for charges (about £400) and default removal.

 

Thanks for you advise,

 

hondamad

[ladybird17]

Hi, I too am in a similar position with MBNA, so will watch this thread closely

[hondamad21]

Hi ladybird17,

 

Yes, normally good practice states that you should get a letter a few weeks in advance to say that your account is about to be defaulted. This should give you a chance to contact the bank/company to come to agreement.

Then if you are defaulted you are meant to receive the "default notice" basically stating that you have been defaulted.

 

This is my understanding of how the process works.

(If however I have misunderstood this someone please correct me.)

 

Hondamad

[ncf355]

Hiya,

 

Consumer Credit Act 1974 states that they have to send you a default notice prior to taking action

 

I quote from the OFT (in an email sent to me on just this subject):

 

You furthermore state that you believe the comments made by EGG that they do not have a signed copy of the default notice as this is done electronically in response to your request is incorrect and unlawful.

Under section 87(1) of the Act a default notice must be sent to the debtor or hirer before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement to:

- terminate the agreements, or

- demand earlier payment of any sum, or

- to recover possession of any goods or land, or

- to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

- to enforce any security

I can confirm that such notices may also be sent electronically, but they are not deemed to have been served on the debtor or hirer unless a paper copy is presented or sent to him.

 

 

 

 

 

 

[hondamad21]

hi ncf355,

 

Thanks for that !!!!!

 

Update - I received a response from Trading Standards saying that if egg still has not supplied me with the default notice I should go to the financial services ombudsman!!!!

 

I have sent Egg Statutory Notice to get the legal formalities over with. Also have been advised to sent a letter to Egg and confirm that my account is actually closed.

 

Will send the account closed letter in the next few days and await a response about the Statutory Notice

 

hondamad

[angry cat]

Sounds like TS are passing the buck!

What has the FOS got to do with non compliance, it is the OFT who is the regulator.

 

AC

[hondamad21]

OK so an update is due. . .

 

TS are useless!!!

They have washed their hands and are just stating that I should contact the financial ombudsman.

Sent egg a letter to confirm that my account is actually closed and that they should stop processing my data.

Sent them another round of ‘give me my money back and remove default’ plus a LBA.

 

Tried to make a claim against them but was told by Edinburgh that cannot go through the Small Claims as I want default removed as part of the action.

 

So now have the paper work for a Summery Cause.

 

If anyone has a template of what I should write for the Details of Claim/Particulars of arrestment I would be very grateful. You can PM me if you want!

 

Thanks in advance,

 

 

Hondamad

[Yasmin]

Best Wishes for your prelim. hearing;)

[hondamad21]

Thanks Yasmin,

 

The return date was 18th Sept. Egg responded 20mins before close of play on the 18th

 

I am due in court on the 25th to arrange date for preliminary hearing.

 

hondamad

[hondamad21]

Well I am just back from the preliminary hearing against egg.

The solicitor for egg showed up.

 

 

She was nice enough, spoke to me beforehand and advised that egg are going to ask for a 2week delay to answer all the points in my summons.

She asked me if I would agree. I said no as I have been communicating with egg for well over a year, where all the points in the summons have been raised many times. Also the summons was served on egg 4 weeks ago and that should have been sufficient time to answer the points.

 

We were then called to stand before the Sheriff.

He advised me that it would help the court if egg were able to answer all the point before the Hearing. I against laid out my argument against granting them more time. But he sided with egg and set another preliminary hearing for 2 weeks time on 9-Oct.

 

More waiting . . .:o

[hondamad21]

Well I am just back from the preliminary hearing against egg (again)

 

 

Spoke to the Lawyer before things go t started.

She said that Egg are now happy to move to a full hearing. I agreed.

 

Spoke to Sheriff, who unnervingly said that Summery Clause may not be the right way for the default removal. But he will get someone to find out.

 

The first date was 12-dec but egg lawyer said she has been asked to make it any other day apart from 12-dec. So it is 19-Dec. A day before my birthday!

 

This did disturb me, as it seems Egg want to go the whole way fighting.

 

I have also received their defence will put that up in a day or so.

[huggles]

keen to hear it!

[andabar79]

whats the latest??!!