Egg_Charges and Default

[Yasmin]

No new defence is required , CB, as it as just a case which is being restored, apparently! Although on the application, I did have to make a statement, as to why I wanted to have it restored. As far as I know Egg don't have to submit anything, not that they ever do, LOL.

[angry cat]

No new defence is required , CB, as it as just a case which is being restored, apparently! Although on the application, I did have to make a statement, as to why I wanted to have it restored. As far as I know Egg don't have to submit anything, not that they ever do, LOL.

 

 

Good Luck Yasmin-

 

Re: your comment-

"not that they ever do, LOL".

 

Are you saying that Egg never provide a Court Bundle as ordered by the judge?

 

AC

[Yasmin]

Well ,not sure about never. However in my case, they did not submit or turn up with it at the first hearing! It's just their general delaying tactics... unfortunately the judge on that day didn't seem to be too phased by this...they also never responded to my S A R...have not provided me with genuine copy of default notice or proof that I requested the P.P.I.

Amazing how they are getting away with it

[angry cat]

I know, it is shocking!!!

 

How on earth can they get away with their blatant Abuse of the legal & regulatory system. One can only hope that eventually the judiciary will latch on to what is occuring.

 

AC

[un1boy]

It's because these companies pay the FSA and Ombudsmans and also the Judges etc (probably) have shares in the companies!!

[angry cat]

Yes, un1boy-

 

I am aware that both the FOS & FSA are limited companies and therefore not government bodies and that they are both financed by levies paid to them by these Giant Financial Institutions.

However, I have faith in the judiciary.

 

Yasmin, looks like I am in a similar position to you, as I have not been provided with a true certified copy of the Default Notice, nor a copy of the Original true signed copy of my CCA credit agreement. My DSIR request was incomplete, unintelligible.

 

Love

AC

[hondamad21]

Hi Yasmin,

 

How goes with the case?

Any news from Egg???

 

Hondamad

[Yasmin]

Hi.....Well all the usual avoidance tactics. Wrote to their solicitors, to try to avoid further waste of court time, copy letter to the court! Response was a joke...so replied, sending letter copy to the court again, of course.

 

Basically they do not want to remove the default, even though they can not produce certified copy or copy of agreement or PPI. They have ignored the statutory request and of course the figure they defaulted me on includes PPI, which I certainly cannot remember requesting( which has now been refunded) also unlawful charges!!

 

Amazing, that now we are due back in court towards the end of the month, they are endeavoring to produce copies........

[Yasmin]

Hi Just to keep you informed .In Court tomorrow re default they are refusing to remove:rolleyes:

[andrew1]

Good Luck Yasmin - we'll be thinking of you..

[un1boy]

good luck yas!! xx

[Yasmin]

Thanks, Much appreciated guys XXX

[WormHasTurned]

Hope it goes your way tomorrow.

[Mistermind]

Alone you walk into court,

but thousands stand with you in spirit.

 

[Yasmin]

Thank you Mistermind....Well back from court. Don't know if you recall but my case was a bit complicated, one of the first and has dragged on for about a year with adjournment after adjournment. This was causing me alot of stress, so in November, I agreed a settlement figure and deal with Direct Legal Collections.

 

My understanding was that the account would be marked as settled, the account closed, and any adverse credit removed, including default notice.

 

This seemed to be a good deal, and on the evening before the hearing was due Egg dropped the counter claim and any further action. I went to court however, as advised, and agreed to abandon the claim providing Egg kept to the terms of the agreement.

 

Of course the rest is history. I applied to the court to re instate the case for the default removal only.

 

The Judge was extremely helpful this morning and advised me that the County Court did not have the jurisdiction to order the removal of a default notice. (I had dropped the claim for unlawful charges as the DLC had offered me what I thought was a good deal)

 

When I mentioned the DLC he was not at all impressed. He advised me that if he were to rule that the deal be struck out, then I could reinstate my full claim for the unlawful charges and default removal.

 

We have 14 days to prepare statements, showing our understanding and interpretation of the deal struck between myself and DLC. If it is struck out then my original case will be reinstated and be heard in the High Court.

 

The judge has very kindly issued this case to himself, which is a relief .......

 

I was very impressed with the way the judge conducted the hearing, so on to the next stage.........

[Mistermind]

.....

in November, I agreed a settlement figure and deal with Direct Legal Collections.

My understanding was that the account would be marked as settled, the account closed, and any adverse credit removed, including default notice.

 

.... and agreed to abandon the claim providing Egg kept to the terms of the agreement.

 

Of course the rest is history. I applied to the court to re instate the case for the default removal only.

 

The Judge was extremely helpful this morning and advised me that the County Court did not have the jurisdiction to order the removal of a default notice. (I had dropped the claim for unlawful charges as the DLC had offered me what I thought was a good deal)

 

When I mentioned the DLC he was not at all impressed

. He advised me that if he were to rule that the deal be struck out, then I could reinstate my full claim for the unlawful charges and default removal.

 

We have 14 days to prepare statements, showing our understanding and interpretation of the deal struck between myself and DLC. If it is struck out then my original case will be reinstated and be heard in the High Court. .........

 

Yasmin, you have been a member of CAG since February 2006 when it was BankActionGroup, even before the OFT's watershed pronouncement of 5th April 2006. You go right back to the era of Stephen Hone, whom the Abbey intimidated with threats and ordeals, then finally appeased with a fivefold repayment at the last minute in order to stay out of court.

 

On the impending High Court trial should you wish to proceed I would suggest four itemised pros and cons:

 

(1) PRO - Your win on the reclaim of unlawful charges.

 

Favourable verdict would be a foregone conclusion. Such judgment will set a landmark precedent binding on lower courts, leading to nationwide publicity followed by a blizzard of automatic judgements in Small Claims Courts in favour of full refund of 6 years unlawful charges with interest to anyone who asks. To mount a defence Egg will need to expose all their unlawful earnings figures analysis, and even then they are likely to lose, so they would rather die than face you in High Court.

 

(2) Neutral - Removal of Default Notice (your outstanding aim):

 

(A) Egg Default Notice was served on you without mailed pre-warning contrary to law.

 

(B) Default condition was triggered by PPI for which Egg failed to produce evidence of your consent to subscribe for it.

 

A verdict on this issue would be beyond me, I leave it to CAG highflyer lawyers.

 

(3) PRO - additional damages

 

Egg messed you about for a whole year, and went back on a tit-for-tat understanding last November (you drop your lawsuit, they wipe the slate clean including withdrawal of Default Notice). If you have clear paperwork in black and white recording this bargain basis, then the picture is one of Egg going back on its written word, time and again by intent causing you distress, time and expense over an extended period. Natural justice would suggest additional compensation a la Stephen Hone as well as removing Default Notice.

 

(4) CON - Legal costs awarded against the loser

 

In the High Court the winner's costs running into 4- or 5- figures can potentially be awarded against the loser who already has his/her barrister expenses. For the ground-breaking first case to reach the High Court, CAG's real lawyers will have to hold your hand. With such large costs involved, even a small risk would be serious.

 

-------------------------------------------------------

 

Egg would rather die than land in High Court, and the card industry will collectively frown on Egg if they were foolhardy enough to proceed. For this reason I believe paras (2) (3) (4) would be academic, as item (1) will not happen.

 

To get out of (1), Egg will have to satisfy you with (2) and (3), with deeds before court date, not words -- which even in black and white they previously failed to honour.

 

GL Yasmin, but it's time for top CAG lawyers.

[Yasmin]

Thank you Mistermind for that interesting and informative feedback. I will certainly bare all that in mind as I prepare my statement and wait to see what unfolds.....

[un1boy]

Thank you Mistermind....Well back from court. Don't know if you recall but my case was a bit complicated, one of the first and has dragged on for about a year with adjournment after adjournment. This was causing me alot of stress, so in November, I agreed a settlement figure and deal with Direct Legal Collections.

 

My understanding was that the account would be marked as settled, the account closed, and any adverse credit removed, including default notice.

 

This seemed to be a good deal, and on the evening before the hearing was due Egg dropped the counter claim and any further action. I went to court however, as advised, and agreed to abandon the claim providing Egg kept to the terms of the agreement.

 

Of course the rest is history. I applied to the court to re instate the case for the default removal only.

 

The Judge was extremely helpful this morning and advised me that the County Court did not have the jurisdiction to order the removal of a default notice. (I had dropped the claim for unlawful charges as the DLC had offered me what I thought was a good deal)

 

When I mentioned the DLC he was not at all impressed. He advised me that if he were to rule that the deal be struck out, then I could reinstate my full claim for the unlawful charges and default removal.

 

We have 14 days to prepare statements, showing our understanding and interpretation of the deal struck between myself and DLC. If it is struck out then my original case will be reinstated and be heard in the High Court.

 

The judge has very kindly issued this case to himself, which is a relief .......

 

I was very impressed with the way the judge conducted the hearing, so on to the next stage.........

 

 

well done Yasmin...

 

Has anyone go their charges back yet from Egg?

[monkey_uk]

so far so good Yasmin!!

[angry cat]

Well Yasmin-

Sounds like you had a fair & reasonable Judge this time!

Good for you and...just keep on going.

 

Love AC

 

ps My Claim is still with the Judge awaiting to be reinstated.

[Yasmin]

Thanx for your good wishes, all... and you especially AC, let us know when you get your next hearing date. Hang on in there. Have you been drinking UN1boy ?? unlike you to come up with a question like that LOL.... Look at Misterminds roll call. x

[Yasmin]

Court date through this morning....1st available date 6th June!!:rolleyes:Have to get my statement in soon however, as the judge gave us two weeks to do that. Wonder if Egg will keep to the deadline.......

[un1boy]

Oh Good Luck Yasmin!

 

I didn't understand your last post regading Mister's roll call - I wasn't aware that anyone has won against Egg yet.

 

I will be with you in spirit that day....

[Yasmin]

Have sent a letter to the court requesting an earlier date, and stating my reasons. This is dragging on and on......Thanks un1boy for good wishes...

[monkey_uk]

goodness me, I can 't believe that this is STILL ongoing!