BlueWillow v Egg - **WON**

[bluewillow07]

Hi recieved this letter from Egg today.

 

My queries are at no stage have I mentioned a figure as I have to date recieved no statements.

 

They have made no reference to the credit card, which I am claiming for as well the loan was created when I defaulted on the credit card, so there must be charges on it.

 

Unsure what to do next.

 

so far I have sent them 40 day DPA letter on the 18/6/07 then a reminder on the 6/7/07.

 

Both letters from this site I quoted account number for loan account and unknown for credit card as I cannot find the number anywhere.

 

Where do I go from here!!!!

 

 

20/7/2007

 

 

Your complaint - our resolution

Dear

Re: Your Egg account xxxxxxxxx

Thank you for your recent letter regarding the charges on your Egg Loan account, I have taken personal responsibility for resolving this for you.

I have investigated the situation and am pleased to be able to confirm that your complaint has now been closed.

What I have done to resolve your complaint

This letter is to confirm that I have today refunded a £20.00 fee that was applied to your Egg Loan account on 31 March 2005. This was the only fee that was applied to your account, whilst your account was with Egg.

You state in your letter that the charges amount to £1000.00. I can only assume that these charges are what the Debt Collection Agency has applied to your account when they took over the debt from Egg. As these charges have not been applied by Egg you will need to contact them directly to discuss this matter

further.

Even though we have been able to resolve your complaint, I still need to ensure that you're aware of your rights in relation to a complaint against us.

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-ombudsrnan.org.uk. A copy of their leaflet is available, so please contact us if you would like one sent to you.

If you want to discuss your complaint with me, please use the contact details at the side of this letter. Alternatively my direct number is 08007 834 393 ext 6162.

 

 

 

 

 

 

Yours/sincerely

 

 

 

jackie Bradley"

Customer Relations Adviser

Egg pic

__________________

[Mistermind]

Bluewillow, be not confused.

 

Your omnibus complaint to Egg covering both card and loan was probably separated into two, and Jackie took responsibility to check (and refund) Egg Loan charge. You need to confirm from Egg Loan statements this was indeed the case, that only one £20 penalty charge was ever levied.

 

Jackie seems to have missed your reclaim of (closed) Egg card penalty charges altogether. I understand Egg offers statements for free for closed cards. If you write back in plain English to point out Egg's misunderstanding, you ought to get 6 years' statements for your closed card. If you want to reclaim interest (accrued on unlawful charges) as well as unlawful charges, then you should insist on receiving the Full Monty (the one-inch pile), as you need monthly statements covering the full period up to card closure. Interest rates varied from month to month, and you need statements to accurately reconstruct all the unlawful interest taken off you. This would be bad news for Egg, as it involves preparing a pile of papers which could cost Egg £100 worth of staff time, if not more. This is why they always ask, would you like a one-page summary of all charges?

 

On repayment of charges and interest Egg's conduct over the past 6 months has been exemplary, better than any card or bank that I have heard of. Delays in sending statements I suspect were due to requests being misrouted, or muddle, or shortage of staff needed to produce one-inch piles. As they have the intention to oblige you need have no worries -- check out the happy bunnies in V-E Day thread. Good luck! It worked for everybody else.

 

If you want to reclaim PPI, now that would be a different matter.

[bluewillow07]

many thanks for swift reply. do i start again by sending them a dpa for credit card or just send a letter asking for last 6 years statements from them for credit card.

[Mistermind]

bluewillow,

 

So long you address the letter to a named Eggployee, or an Egg manager like Guy Harrison or Emma ????, so that your letter does not get opened by a £5-per-hour casual, I believe a letter in plain English will suffice.

 

As your card a/c has been closed, it is well established that Egg does not charge for statements. Just make clear yours is round 2 of an established request, so that they do not go back to square one, asking for proof of ID and address. And say you want the Full Monty if you want interest reclaimed.

 

Egg managers WANT to repay charges and interest to resolve problems asap, they do NOT look for ways to obstruct and frustrate like other cards. All claimant experiences reported in Egg Forum over the past 6 months say so, including myself.

 

Suggest start planning how to spend your well-gotten gains, well actually restitutions.

[bluewillow07]

Egg not talking to me, so far have completed the following and since then all gone quite.

So i filed in on line on the 3/9/07.

 

8/8 LBA sent

25/8 7 day goodwill letter sent

3/9 filed on line for £160

[Mistermind]

Hard to understand how you could ever make a claim without a figure corroborated by itemised and verifiable charges by date. Egg by law are allowed 40 days to provide statements, counting from the time Egg have received proof of ID and address, plus £10 payment.

 

If your claim is now supported by all that, past form from other claimants showed Egg to have been very responsive -- to date.

 

Unless there is something different about the text in your letters.

[bluewillow07]

Hi I recieved all statements from egg, did soreadsheet sent with the LBA, then gave them another 7 days on top. And have now filed in court. Hope this makes more sense. Thank you for your help

[Mistermind]

On 30th July 2007 Tom Brennan's case was dismissed. Coincidentally on the same day came the announcement of the OFT's test case against bank unlawful charges, scheduled for the High Court in mid January 2008 for which the BBC said even a judge has been selected. In the weeks which followed this announcement a tidal wave of stayed hearings swept through the courts.

 

Having all dodged decisive court battles for 17 months, it could be that Egg like other credit cards may come to think that a decisive court judgment will be inevitable for them, following on the one for banks. If that were the case, Egg might come to think there would be no advantage in their settling promptly before court now, whereas if they stall and wait for an adjudicated lawful charge level, they need to refund only the difference, not refund 100% as up to now. Far be it from me to give Egg ideas, but Egg can hardly miss such an obvious shape of things to come.

 

In the past 5 months this forum has published so many reports of quick facile refund success stories before court, that hearings and legal form-filling against Egg had become redundant. The last such success was reported a mere 12 days ago by the following thread wherein once again the word "easy" was used:

08 weeks

-

30 AUG 2007 -

spring6 v egg

Unless Egg categorically say their refund shutters are now coming down (in your case I understand Egg has still to reply to your latest letter) it seems premature to conclude that a good Egg has now gone bad. Crumbs, what a pity that would be. No harm commencing the legal paperwork if you wish, stoking both irons in the fire.

 

GL.

[bluewillow07]

Can I have some advice please, I sent Egg a default letter on the 20/8/2007 with a cheque for £1 asking for a copy of my agreement with them to date I have not recieved anything, even though they have cashed the cheque. The letter I sent gave them 14 days to comply.

 

Can I please have some advice on what my next course of action should be.

[steven4064]

Your next course of action is to write to them, tell them that you sent a request for a copy of the executed agreement for your account under s77(1) of the CCA 1974 (as amended) on such and such a date and they have not replied within the statutory period of 12 days. Therefore, they are formally in default under s77(4)(a) of the Act and they must not

 

1. ask for payment

2. add any charges or interest to the account

3. pass any information on the account to any third patyy

4. place any marks relating to the account on any records held by any CRA.

 

Further point out that unless they respond within one calendar month they will have committed an offence under s77(4)(b) of the Act, a fact that you will pass on to the OFT and local Trading Standards and will make known to the court should they be foolish enough to start any action against you.

[bluewillow07]

Hi think I would feel happier if you had all the info then I know that I am getting the best advice. So here goes.

 

I had an egg card which I defaulted on and egg placed a default against me and also gave me a loan to clear the credit card. Do not remember getting a default notice but may have done. I then missed two payments on the loan and egg passed the account to a DCA Credit Solutions, at the time the debt was over £4000, As of todays date the debt is £379. I have copied Credit Solutions with all the letter I have sent to egg and I also sent letters to say that this account was in dispute, but because they have my debit card details they have continued to take £200 which was the agreed payment every month,. short of cancelling my debit card I suppose they will continue to take payments even though they should not.

 

Now do I still follow the advice given above as the penalty charges are £207.42 with the 8% interest.

I also filed in court and this was issued on the 3/9/2007 to claim back these charges.

 

Sorry its a bit long winded just wanted to make sure you had all the facts.

[Mistermind]

Steven has provided thorough advice on your legal position regarding your entitlement to documents.

 

When your Egg card was closed, not only was your outstanding balance transferred to the Egg Loan, but a substantial amount of forward interest would have been frontloaded into the Egg Loan, say if you had a 5-year or 7-year Loan, a £1000 card balance would have been turned into £3,000 Loan. Anybody who, after defaulting on scheduled loan payments, then resumes payment at speed to reduce £4,000 balance to £400, is likely to have overtaken the original term of the loan, i.e. almost settling the loan early and thus overpaying the interest which Egg has not really earned. For this reason I believe you have no reason not to stand on your rights, in law and in equity.

 

You came to a monthly payment agreement with Credit Solutions, that agreement is now rescinded by you due to events lawfully overtaking the previous agreement rendering it null and void. This agreement is not even a Standing Order or a Direct Debit, both of which you are legally entitled to cancel by instruction to your bank. I believe you would be within your rights to advise C.S. in writing in no uncertain terms, that you categorically forbid them taking any more monies out of your debit card. Any such action in defiance of your written warning will trigger a reclaim from your bank. You could also advise your bank NOT to honour any debit card extractions by C.S., and your bank will be bound by it. Just because C.S. knows your debit card number and security code does not give them carte blanche to help themselves to your funds. Every debit card payment needs to be authorised by the cardholder. Extractions without authorisation have no validity. On your instructions your bank will rigorously safeguard this. Any culprits knowingly defying this rule will incur the wrath of your bank, and his own bank lumbered with the hassle of cancellation and refund.

 

C.S. will know all this.

[bluewillow07]

Many thanks for all the above Mastermind, that really clarifies things for me.

Just wanted to be sure you guys had all the info so that the advice I was getting was the best you could give.

 

Keep up the good work it is much appreciated.

[steven4064]

Every debit card payment needs to be authorised by the cardholder. Extractions without authorisation have no validity.

Not only do they have no validity, they constitute theft.

[bluewillow07]

Recieved copy of my credit card agreement in the post today, is this the end or can I carry on???

 

Letters sent to my bank ref Credit Solutions to day.

 

Loved your comments Steven, but I do find all this very scary at times.

[steven4064]

What have they sent? Is it an actual agreement (ie not an application form) and does it have your signature on it and all the T&Cs on the same page as the signature?

[bluewillow07]

Hi Steven they have sent me a full credit agreement with my signature on and the T & C,

[steven4064]

It seems that they have sent an enforceable agreement so the account is no longer in default and (I'm afraid) you probably have to keep on paying. However, you can carry on reclaiming charges.

[bluewillow07]

Never mind Steven it was good while it lasted. Only another two payments to make anyway down to £379 from £5000 and in half the time of the original agreement

[Mistermind]

If repaid within half the arranged period of loan, there should be an Early Settlement Rebate. If you can find the original paperwork showing various durations of loan versus total repayment, or obtain an equivalent leaflet (hopefully not having to navigate Egg's website jungle), you may find there is a refund due to you.

 

That's if Egg's T&C did not have a clause saying "if your payments ever fell behind, then you become disqualified from Early Settlement Rebate".

 

If Ordinary Joe falls behind, he is hit by a hammer. When Northern Rock falls behind, they are rescued by the government, i.e. by taxpayers. Roll on the revolution......

[bluewillow07]

Egg today paid out £190 so that is my claim settled in full.

 

Many thanks to all the above for there help and assistance.

[steven4064]

Well done bluewillow - CONGRATULATIONS!

[Mistermind]

Claimants 70 - Egg 1