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    • Welcome to the real world. What year of university are you in? What university? And what are you studying? What is the name of the agent? And what is the name of the landlord? The business of holding deposits should be affected by the Consumer Rights Act 2015 and that means that they should be subject to terms relating to fairness. It seems to me that if you pull out of an agreement to take the property then the agent or landlord should only be entitled to hold on to sufficient funds to cover any administrative losses which they have suffered as a result of your change of decision. In practice many agents will simply take the opportunity to cream off a bit of extra profit. I suppose you just paid the money over without any kind of written agreement or recording or any evidence. Certainly, if you paid over a holding deposit on the basis of a particular contractual promise – that there would be a break clause and then subsequently there was no break clause then it would be a simple matter to argue that it was the agent of the landlord who had gone into the breach of contract in which case you would be entitled to recover all of your money. However do you have evidence of this? Similarly, if you pay the holding deposit and were only told afterwards that it was not refundable then it is arguable – although not cut and dried – that they had introduced a new term into an existing contract and so once again, you would be entitled to recover all of your money. However, once again – do you have any evidence of this? It will be interesting to know whether the agent is acting of their own initiative here or whether they are really exercising the will of the landlord. Please address the questions which I've put above
    • The house was sold in 2015. What’s Ll/BB. Can any one just say what I need to do. Or what I can do. Are Lowell in there rights to claim and therefore I’m liable for paying back the debt. Even though they can’t prove a contract to me in my name. Many thanks 
    • Hi GrievingMum   I fully understand and sympathise with your medical conditions.   The 3 screenshots/images in post#21 I have removed as I have converted those into one PDF which is now showing in that post.   CAG prefers PDFs rather than multiple screenshots/images but as I said I appreciate your medical condition so I have converted those screenshots/images into one PDF and removed the screenshots/images and left the PDF in your post.    CAG also prefers that all our caggers remain Anonymous on CAG, could I just suggest that when your have edited your document to just leave it for a while then go back to it and recheck that you have removed all info to keep you anonymous before uploading to CAG.
    • The letter send to contact them. Maybe if they wanted people to ring them they should put telephone? I was in India at the time so not really convenient to call them (I can prove this to them if it became an issue)  
    • Hi  I genuinely have not received this BUT I am not saying that it hasnt been sent as I am sure it will have been.   As i said, my son has the same name as me and I am sure if he had seen one of these, he will have let me know as he did when he opened the second letter. 
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madmaxctr

MadMaxCTR V Egg ***WON***

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Okay

I finally received my old statements and report of transactions from Egg yesterday. Have a total of £220 of charges to claim back.

Preliminary request for payment sent off today.

I’ll keep you all posted.

MadMaxCTR :cool:


Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Need some help please?

I'm seen about this contractual interest we can claim on these credit card claims but firstly how much is it for this card and has anyone got a linky to explain a bit more about it and finally anyone got a Egg spreadsheet for doing this.

Ta

MadMaxCTR:cool:


Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Need some help please?

I've seen about this contractual interest thing we can claim on these credit card claims but firstly how much is it for this card and has anyone got a linky to explain a bit more about it.

Finally anyone got a spreadsheet for doing this.

Ta

MadMaxCTR :cool:


Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Contractual Interest based on the principles of mutuality and reciprocity has already been dismissed in the High Court with precedent set (see Hippo thread).

 

What can be claimed back are the monthly debit interest items ACTUALLY accrued on the unlawful charges, i.e. if after charges were levied you then paid off your entire card balance, then from that point on no further debit interest accrued on your unlawful charges, so none would be reclaimable.

 

Debit interest flucutated from month to month, so to disentangle the lawful interest accrued on your purchases from unlawful interest accrued on your charges, you will need to multiply your accumulated unlawful charges and unlawful interest to date, by the interest rate applicable on the month in question. There are various excel spreadsheets on the site, e.g. check threads started Vampiress. I would no longer rely on such spreadsheets, as you need to make sure each month the computed theoretical debit interest was PHYSICALLY, ACTUALLY levied on your account. Say if £220 charges levied, but only £100 debit balance at May 2007 monthend, then for that month only £100 accrued interest. If that £100 was made up by £60 new lawful spending, then only £40 charges accrued interest in May 2007.

 

With charges at only £220 it is doubtful if too much effort is worthfhile. The answer need not be 100% accurate (nobody can get it 100%), it is unlikely Egg will dispute any tiny discrepancy.

 

(Charges + interest) reclaimed, when it reaches court and is upheld, then the court will add 8% Statutory Interest. You can say as much to Egg. If Egg refuses to pay SI, then you can say, see you in court (at some inconvenience and cost to yourself). It is unlikely Egg will fight. In recent months they quickly accede, so long as you use the template reply from moc1982 thread, when they say "they have complied with reduction to OFT threshold £16, where is your evidence of unfairness?"

 

GL


 

 

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Letter received from Egg dated the 26/07/07 making a partial offer.

Appears to be their standard response where they mention that they’ve lowered their charges down to £16 so they’ve offered me £44 (the £4 difference X the 11 charges).

Secure email sent

Thank you for your letter dated 26th July 2007 regarding my request for repayment of charges.

 

I have great respect for Egg's Genuine Pre-estimate of £20, great respect for Egg's Genuine Pre-estimate of £16 and great respect for all future Genuine Pre-estimates that Egg provide.

 

As a former cardholder I cannot help wondering, if after many years in business Egg has ever tried to reconcile Pre-estimates against Post-event audits. I am confident that a company devoted to justice and truth like Egg will not withhold evidence from the cardholder, that Egg will present evidence in court to show after-the-event costs, as well as before-the-event Genuine Pre-estimates. Therefore I intend to file a claim for the £220 charges and I hereby reject the £44 offer which you made in your previous correspondence.”


Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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LOL thats a great letter Max I hope it works for you


"I am more than prepared to repay any money I have borrowed, IF they are prepared to refund any money THEIR agreement doesnt allow them to charge me." Tamadus

 

Thanks couldnt put it better myself :D

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Unfortunately i can't claim credit for that.

 

I beleive i nicked it off Zubo. He had the same offer from Egg ( you know the difference between their old charge and the new one) he sent that letter via the secure email and had an offer for full settlement in two days.

 

Fingers crossed.


Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Referred to the FOS now. :p


Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Let us know what they come up with


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Let us know what they come up with

 

Will do.

 

If its anything like what they did for me on Max V Lloyds TSB, i'll have full settlement with interest in a few weeks. :cool:


Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Settled in full without any litigation.

 

Offer letter came days after i wrote to Eggy telling them i had referred the case to the FOS.

 

MODS - please adjust my title to *****WON**** and move me to the successful egg claims folder.

 

Ta

 

MadMaxCTR :cool:


Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Madmax

 

CONGRATULATIONS!

 

Well done for hanging on in there. :D


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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a very well deserved ***won***

 

Crusher :-D


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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