rosie&jim v egg

[rosie&jim]

Have just handed in my Allocation form to the court, as Egg served a defence.:o The charges were for £900, so I do hope that I will recieve a repayment.

Does anyone know how long they have to reply after allocation is dealt with?

[steven4064]

Hi rosie&jim

 

They may have served a defence but that's a long way from actually defending. Just follow the process, stick to your guns, do everything the court tells you to and they will cave in

[rosie&jim]

Have got a court date for september - so I shall just enjoy my summer hols for now

[steven4064]

Have got a court date for september - so I shall just enjoy my summer hols for now

Brilliant idea!

[Mistermind]

Rosie&Jim,

 

Over the past 6 months hardly anybody needed legal form filling to achieve Egg refund of charges and interest in full. Just a letter requesting refund supported by itemised spreadsheet of unlawful charges and interest accrued from said charges. Egg would then send a template letter saying "We reduced charges down to OFT Egg guideline of £16. You say our charges are unlawful, but do not produce evidence." To which letter cardholders would reply with variants of the moc1982 letter (see Sticky: V-E Day thread). This would then lead to full refund to a delighted cardholder almost by return of post (with Egg on occasion adding 8% per annum SI even where not requested).

 

Not clear by what sequence of events your run-of-the-mill reclaim for £900 triggered an Egg defence in court. On past form when Egg says they will defend they will, it is no idle threat. If you are reclaiming PPI then an Egg defence is expected and understandable, see Angry Cat, Yasmin, and Annalh threads. They all got charges and interest back, but AC and Yasmin are ongoing on PPI.

 

So far as I can remember Egg did defend with barrister in court 4 times at least (but not since 2006), see cases in V-E Day thread: barcote, Yasmin, Angry Cat, Annalh. In the case of barcote the alleged unlawful charges were retrospectively reduced to £5, not to zero, so you can expect more aggro and LESS money refunded by going to court.

 

If you did go to court then it could help your legal argument to cite as evidence of unfairness and unreasonableness the Dublin banks practice of charging no more than £3 (both accounts and credit cards) for Overlimit and Late Monthly Payment (see V-E Day thread material at the end). The comparison of Egg £16 and Dublin £3 will cause Egg such acute embarassment, that it could induce Egg to drop their defence if you indicate by letter to Egg's Head Person (Guy Harrison or Debbie ???) your intention to have this £16-v-£3 contrast read into the court Approved Judgment, which you would be free to publicize afterwards.

 

GL.

[rosie&jim]

Egg have offered me £352 out of £900 and said will send cheque in 14 days - should I refuse and ask for full amount - this claim was for charges and interest on loan account.

[steven4064]

Its up to you but if you stick with it you will geta better offer than that. It depends how desperate you are for the money

[rosie&jim]

Hi, thanks for your info - it's great to hear from people, sometimes it feels lonely when you are wondering what to do for the best. Anyway, slept on it, and I have decided to wait for the court date in september, the court said that I do not need to respond to the letter. I feel after what you have informed me of the charges in Dublin, that as a matter of principle I shall go through with it! I think I will write to them anyway, explaining that I will not accept their offer, just in case they try to send me a cheque.

Keep you posted.

[livelylad]

Good decision, its your money go for it all.

[steven4064]

You can always send a cheque back

[Mistermind]

rosie&jim,

 

It is not clear how your £900 reclaim is itemised and justified.

 

Inferring from observation Egg have followed a management policy for 6 months at least of NOT contesting charges and interest reclaim by letter, let alone in court. If Egg picks on this case for defence, they may have a reason related to the way you computed interest for reclaim. Egg barristers know their way round the courts, they were no stranger to courts in 2006. If Egg were to win in court on technical grounds (perish the thought), not only could it hurt you but it could discourage other claimants as well.

 

Perhaps you might like to PM a Mod re the itemised construction of your interest reclaim.

[rosie&jim]

I am really sorry - i have tried to find out what PM a Mod means in the abbreviations guides - would you mind telling me?

[steven4064]

It means to send a private message. On the first page o fthe forum at the bottom there is a list of people on line. Mods have their names in green. If you click on one it will open up their profile and there is an option to send a private message.

[Spiceskull]

Should all be sorted now - let us know how you get on Rosie.

[rosie&jim]

Hi, recieved cheque today for £435 as agreed. Thanks everyone, time for me to persue the others.

[steven4064]

R&J

CONGRATULATIONS - Well done for stickinjg in there.

[livelylad]

Have you got the full amount?

[rosie&jim]

Yes, thank you every one.