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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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phatram

Phatram v EGG **WON**

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S A R being sent today.

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Does anyone know what Eggs unauthorised rate is?

I cant find it anywhere !!

Thanks

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which unauthorised rate are you talking about??

their charges? apr???

 

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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What they charge if you go overlimit

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well for me it was (in 2004/05)

 

Over limit Chare =£20

Unpaid DD =£20

Late Charges =£20

 

 

I believe that now they have changed it to £16 for everything after the OFT report.


__________________

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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Sorry I meant what unauthorised % interest rate on credit card

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Hmm . . .

 

I think the %interest is same as your regular interest, just that now it is been applied to the unlawful charges as well.

 

I had a look at egg's t&c it states

 

7. CHARGES

 

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

 


  • £16 each month you go over the Credit Limit, even if we authorised the Transaction which resulted in you exceeding the Credit Limit;
  • £16 if you do not keep up the payments on the Account;
  • £16 for any payment returned or recalled for any reason;
  • any costs and expenses reasonably incurred by us as a result of your breach of this Agreement.

It dose not mention any different interest rate being applied, hence i presume it is same as your normal rate.

 

if you wanted more on egg's t&c here is the link. . .

 

Egg Card credit agreement


__________________

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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When you receive your proper monthly statements, they will show items

 

"x.xx % monthly purchase interest"

"x.xx % monthly cash (advance) interest"

 

The rates fluctuate, have been as low as 1.16 %, I believe it's gone over 2 % now. For cardholders who have paid off their purchases, whose entire balance is made up of unlawful charges, then ALL the monthly interest is Contractual Interest -- unlawful interest and reclaimable for being accrued on unlawful charges.

 

GL.


 

 

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Egg have sent me a questionaire, saying I have to fill it in for them to comply with SAR, anyone else had one of these?

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This questionnaire is a recent thing, reported by others. Egg asks if you want a truncated version for £5 or the full monty for £10.

 

Full Monty best, as you need to be sure nothing has been accidentally left out, and you need full info including fluctuating monthly interest rates, if you intend reclaiming the Contractual Interest that was actually taken from you.


 

 

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SAR complied with, all info arrived today.

Credit card statements show card repayment protector charged for two years then stops, then starts again, and then stops.

No proof I ever asked for this so its on the spreadsheet with a few overlimit charges.

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Hi - sorry to hijack your thread but no-one seems to be answering mine - can you claim back the £16 overlimit charge or not?

Please advise.

Also if you can where do I find the letters to request copy statements etc. (the egg forum is not as straightforward as the Lloyds TSB one or it may just be that I am snowblind from having been on that forum for so long!)

Any advise please!!

Thanks

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Not heard a thing

LBA day tomorrow.

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Just back from hols, letters from Egg, will post them later

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Dear Mr XXXXXXX

Re: Request for repayment of charges - Account number

Thank you for your letter dated 5tri July 2007.

1. Your Credit Card agreement ("the Agreement") with Egg Banking pic ("Egg")

clearly states that charges will be added to your account if you exceed your

Credit Limit or fail to make your contractual payments, In accordance with

condition 7 of the Agreement, a charge of £20 (or since August 2006, a reduced

charge of £16) has been added to your account each time you exceeded your

Credit Limit or failed tc make a payment.

2. You allege that these charges are a penalty. You have put forward no

evidence to support this allegation and we do not accept it. As explained in our

previous letter, the charges set out in the Agreement are a genuine pre-estimate

of the loss caused to Egg when a customer breaks the terms of their Agreement.

3. You may have followed recent media coverage of the Office of Fair Trading

(OFT) investigation into default charges. The OFT stated that a default charge

could only be used to recover certain limited administrative costs. These may

include postage and stationery costs and staff costs and also a proportionate

share of the costs of maintaining premises and IT systems necessary to deal

with defaults. The OFT set a threshold for intervention of £12 but stated that

default fees should not be equivalent to the threshold. The OFT stated that the

presumption of unfairness in relation to charges over £12 would NOT apply

where exceptional business factors apply and specifically referred to Egg's

practice of requiring ail customers to pay the minimum monthly payment by

direct debit as an example. The OFT acknowledged that in those circumstances,

a card issuer may be able to set a fair default charge above the threshold of £12,

4. Following the conclusion of this investigation, the OFT indicated that it would

not proceed further against Egg on the basis that Egg reduced its charges from

£20 to £16. Without any admission in relation to the previous level of charges,

Egg has reduced the charges accordingly. This reduction does not apply

retrospectively, but in your case we are prepared, without any admission of

liability, to apply the reduction to the £20 charges. If this is acceptable to you, we

will credit your account with a total of £20.00 being £4 per default charge

applied to your account, on the basis of 5 defaults.

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5. The above offer is available for 14 days from the date of this letter after which

it will be automatically withdrawn, An Acceptance form is enclosed for you to

sign and return, together with a pre-paid envelope for your use. You should retain

the second copy for your records.

6. Your claim for Credit Card Repayment Protection will be looked at separately

and we will be in touch about this shortly.

7. If you have any concerns relating to information held about you by a Credit

Reference Agency you should contact the agency directly. Egg uses the

following agencies:

a) Equifax (Equifax File Centre, PO Box 1140, Bradford, BD1 5US)

b) Experian (PO Box 8000, Nottingham, NG1 SEX)

c) Call Credit (1 Park Lane, Leeds, LS3 1 EP)

If there is anything in this letter that you wish to discuss or needs further explanation, please don't hesitate to contact me using the contact details at the side of this letter. Alternatively my direct number is 08007 834 393 .

You now have six months from the date of our resolution to take your complaint to the Financial Ombudsman Service - further details are available on www.financial-ornbudsman.crg.uK. A copy of their leaflet is available, so please contact us if you would like one sent to you.

 

 

 

sincerely

 

 

 

Gugu Dlamini

Customer Relations Adviser

Egg pic

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This is a standard template letter received by all charges and interest reclaimants. When a moc1982 template letter bounces back, to my knowledge Egg invariably offered to pay in full, often by return of post.


 

 

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See moc1982's winning thread in V-E Day index of winners.


 

 

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Egg have offered 122.94, I'm claiming a total of 196.04.

They have offered 100.00 in charges (all) and 8 % but I want the 22.9% they've charged me for overlimit fees. I have 14 days to accept.

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