Egg_Charges and Default

[lee6370]

Dissapointing but not the end of the world. Lets hope you get a differant judge on the 8th.

 

Were you ask to submit documents prior to the court date?

 

My case is fast approaching and i've not been asked by the court to submit any documents

[un1boy]

Oh wow thanks for this. what docs weren't handed in? how long were you in there for?

 

I think it's all a bit strange, don't you? i mean, they've had plenty of time, they come to court and then it's just adjourned?!

 

What's the crack with the next trial? do you know what will be discussed etc? I have no idea about courts at all!!

 

Well done though, we're all proud of you! x

[killing_the_egg]

Well done! Not the best result in the world but not a bad one really, just means its gonna be a little longer til you recieve your money. At the end of the day we know we are right and they know they are wrong and no matter how much stalling they do they can never change that. All they can hope for is that you make some sort of mistake or give up. Hopefully this isnt going to happen as you sound like youve got your head well screwed on. Congrats again, your playing the game and its only a matter of time before its checkmate for Egg and co. Keep us updated.

[un1boy]

I don't know if this would help, but I've jsut remembered, whilst I was at uni we made a bank account program that would credit/debit amounts to an "account" that we have made (just adding and minusing values of a variable basically). I have modified it to check the "balance" (ie the value of the variable) and if it's below zero to "debit" the "account" with a charge. this charge is set by the user whenever and can be changed whenever they fancy a bit more "cash." once the charge value is entered, the user (bank) justs sits back and lets the program do the work.

 

It's only a basic program, which you'll need netbeans to use (netbeans can be downloaded free!).

 

I have sent a PM to BankFodder but if this is something of interest, or that could help, let me know ad I'll give you my email address and send u it.

[un1boy]

The latest is, they have credited the £1 I sent them as statutory fee, for copy of default notice etc, as I did not receive original, and the 28 days is almost up!

 

sorry to digress from the subject Yasmin, but please could explain the above? Can you ask for a copy of the default notice? what will it contain? what can it be used for and how do you request it?

 

sorry, just sounds like something I might need in the future!

[hondamad21]

Hi un1boy,

 

You can ask for you default notice copy under the Consumer Credit act 1974.

Best place to have a read is . . . .

Remove Default Notices on a Credit File - We show you how

 

 

Now getting back to Yasmin, WELL DONE for today!!!

Do not worry too much about it not going all your way today, our day will come when we all can make an omelette of Egg.

 

Hondamad21

[Yasmin]

Hi Lee6370, Yep all docs. one copy to court one to defendant. At least 14 days before hearing also signed statements of any witnesses upon whom you wish to rely.

[Yasmin]

Hi Un1boy...In there for around 15 mins. Neither Egg nor myself submitted docs. to the court. You must submit these, at least mine were ready today!!! Guess they're just stalling. Hondamad given you advice you need re default.

[Yasmin]

when is your case Lee???? Good Luck. Wondered whose was next. Don't think I'll get a date 'till maybe even Oct. now!

[EEK!!!]

Well done for yesterday must have been one hell of an experience for you. Can I just ask what documents you're having to supply?

[Yasmin]

Hi EEK, Yes it was, and really thanks for ALL your support and good wishes. Makes you realise your not alone.

Regarding the documents. Well you must start to prepare your case now if there is any possibility that it will end up in court. You must submit these to the Court and to the Defendant at least 14 days before. You will need everything you wish to rely on, clearly labelled and indexed in a ring binder. Be careful not to include any docs. "Without Prejudice" !! Have copies of the various Acts, etc. that you wish to use and highlight relevant clauses.

 

When you receive your Court date it should inform you when your docs. should be submitted. Not sure if it varies!!!probably not.

 

Hope this was helpful to you. You have a Court date now don't you? Is it November?

[sarey331]

ive been following your case too, sorry egg seem to dragging this out for all its worth, but when you do win (and i believe you will) this will set a preceden wont it? im sure these people were traffic wardens in a previous life!

would you be able to tell us what your main points were in your case to prove these charges are illegal? im planning to rely on 1999 Consumer Credit Act (Unfair Terms in Consumer Contracts) and 1977 Unfair Terms (contracts) Act.

im filing my MCOL with HSBC next week so i want to get everything in place you see

[Yasmin]

yes, they are certainly dragging it out, probably in the hope that i'll give up. Not a chance. The same points as you are using really except I have included the O F T recent report on calculating fair default charges in credit card contracts, April 2006

I wish you the best of luck with your claim and hope it is settled quickly and you don't have to call upon any of this information! I am to be allocated the next available court date after Sept.8th, probably well into October or November by now!!

[Yasmin]

I was wrong. Court date through, mid Sept. Lets hope the dep. district judge is on vacation:D

[Yasmin]

STILL no response to my letter of 8th July requesting Copy default notice etc.

Enclosed the stat. fee which has been credited to my egg card account. Only noticed this when I viewed recent statement , internet banking. Guess what...they've removed the statement now:rolleyes: Too late 'cause i've got a copy!!! Followed up letter on 1st August..STILL no reply. Finally called them this afternoon, a note on my account saying all calls must be diverted to legal department. Asked me if I had received all of my statements (didn't order any!) "Oh, seems like the legal dept. have requested them"( Finally collating evidence) At this stage she spoke to legal. dept. & asked if she could put the call through to St. Clare Nelsons accomplice, hanging on the line. I refused, said I would prefer to leave a message. Told me she would speak to erin immediately, as she was still on the line and ensure it is dealt with immediately, yeah right....

[Mistermind]

There are aspects to this case:

 

(1) Egg mounting a counterclaim only because of your claim, solely to blackmail you into dropping your claim by offering tit-for-tat in dropping their counterclaim if you drop yours.

 

(2) Sinclair repeatedly telephoning you with threats of dire consequences for you after you indicated in writing that all contact was to be in writing, is a blatant act to lean on you. I wonder if the Law Society approves of such conduct. I wonder if the Law Society has previous reason to know about Mr Sinclair.

 

When this case is articulated in time sequence it would leave the man and woman in the street with no doubt that a process of intimidation is in progress, mounted by a giant financial institution with unlimited legal budget targetting a laywoman in law with limited legal budget.

 

I suggest that apart from the County Court there is also the Court of Public Opinion. I suggest that the national dailies and Sunday papers may be interested, as may the OFT CEO Mr John Fingleton. Would Egg like to tell their side of the story at a time when the law permits -- to the public, to their regulator, to their cardholders and to their shareholders.

[I_feel_cheated]

can the mods sticky this thread please,

 

I'm reading this is complete disgust at Egg's tactics - this is shocking behaviour from such an institue and for this very reason alone I'm sending off my DPA subject access form tomorrow, along with a bank statement and a copy of my license, and a cheque.

[Empire Strikes Back]

Hi

Have posted my update with egg on my thread "not such an egg head" which shows how Egg are not complying with the order from the court by not submitting their documents. More delaying tactics methinks!

[mhairimunro]

Hi Yasmin,

 

just wanted to say that i'm going to be watching your case/thread with anticipation as I have just started a similar case to get default removed and claim charges back from (scrambled) Egg. I am at the early stages but your thread is inspirational - keep up the good work, not long to go now!

[Yasmin]

Thanx for that mhairimunro, good to have your support and to know Egg will be on the receiving end of more aggro... Hope it will be easier for you:)

[Mistermind]

On another thread I have read similar manoeuvres by Egg.

 

First, they file a counter claim in county court and the court advises the CAG claimant accordingly.

 

Second, they make sure not to pay for their counter claim, so that the court advises the counter claim is put aside, and the CAG claimant relaxes and doesn't prepare for it.

 

Third, Egg now pays for the counter claim which then gets reactivated by the court, but the court does not notify CAG claimant about the reactivation (this is the key event, obviously Egg lawyers have discovered the routine behaviour of court paper pushers).

 

Fourth, CAG claimant arrives in court under-prepared, and is stunned by the reactivated counter claim.

 

It is of course 99.9% certain that Egg lawyers are daily trawling through CAG chat rooms to see what their opponents are up to. So be it. Egg lawyers go to so much trouble to frustrate the law and natural justice, lets all band together and teach these bloodsuckers a little humility.

[laffar]

Hi Yasmin,

 

I read on another thread they dragged some dirt up on your ppi from your original application. What was this dirt? Were you claiming back PPI? Did they claim you'd requested it in your original application? I'm currently in this situation and i feel they've either fabricated evidence i requested PPI or they're telling white lies about how data gets from the on-line application to their account management system.

 

I'm determined to win this but your case did seem a little daunting!

 

Cheers

[Yasmin]

Hi Laffar, mine was a little complicated really. I applied online, could not remember requesting ppi but they provided it anyway. Later , they refunded it as I told them I had been unemployed for some time. They refunded all of the increments but have since dug out my application which says I was employed at the time of opening the account. Basically they have told me that if I was unemployed then I have reclaimed the ppi, fraudulently...(even though I never requested it in the first place) and if I was unemployed when I opened the account, then this is also fraudulent, as my application stated I was in employment. They have not supplied me with copies of docs..default etc. Maybe as another member suggested I should pursue them on the grounds of irresponsible lending!!!As I mentioned previously, I think it's important for everything to be in place for the first court case as it will set a precedent, won't it? Unfortunately mine has too many issues..... Good luck with your case, I truly support this forum . Look forward to some positive news re Egg as does everyone i'm sure

[laffar]

Thanks Yasmin, thats a touch more complicated that mine ... I'm basically saying they are being fraudulent by supplying phoney or insufficient evidence

 

As for precidents, they cannot be set in the small claims court. However, if one case of reclaiming PPI gets through then this will at least give people a template and inspiration to pursue whats theirs!

[Yasmin]

Phone call from Court this morning, Egg have decided to proceed with counterclaim even though I have had to drop mine. It was with the Judge for an urgent decision. I explained the circumstances and she thought it would be a good idea to give person she spoke to, John Murphy(prudential) a call, to see if it could now be resolved before court, in view of the circumstances. I decided to do this but he could not make a decision. He told me I would receive a call later today. Guess who? the infamous Sinclair-Nelson. He said that John Murphy, is apparantly, his assistant. He told me that " the counterclaim is chugging along nicely" I pointed out that I have a payment arrangement, as the debt is now with DLA, and that this is up-to-date, and told him that the C.A.B had been involved. He told me that I should have thought about that before I took out a claim against them and "is that all you have to say? See you in Court tomorrow, it should be very quick" Bullying tactics, once again.........