BlueWillow v Egg - **WON**

[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.

[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.

[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.

[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.

[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.

[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......

[Mistermind]

Claimants 70 - Egg 1