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    • I felt outmatched to be honest. Lowell probably did identify me on here and decided to send one of their more experienced. The guy they sent to last hearing didn't sound half as competent. The solicitor and judge were pretty much talking amongst themselves. That's how it felt. The Judge understood and accepted what the solicitor said at every point. She accepted fresh start as a brand name only. She accepted all the evidence were copies. She accepted I entered into a valid agreement. She accepted the error on the default notice was a typo. Felt like I lost before the hearing. If not, I wasn't able to express my points well enough. Not like the claimant who I'm sure was giving a law lesson. Completely out of my depth. I didn't ask to appeal. I'm upset understandably but grateful for all the help and support I received here. I've learnt a hell of lot but hope to never need it again.
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    • Thanks for your reply...much appreciated. Last payment date was December 2018. She had been paying £50/month from July, and they wanted £150/month, despite my partner losing her PIP (which was eventually reinstated after appeal). She stopped paying anything after they failed to supply a true copy of the original CCA (which she took out in 1981). Her name and address were different in 1981 due to marriage (and subsequent divorce!). Again, no mention of that in the “reconstituted” agreement which they supplied. Once again, many thanks and we both appreciate you putting time in to helping with this, especially due to the increased financial pressures of Covid on many people who also need your help.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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EEK!! V Egg - Hearing 15th November.*POSTPONED*


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Morning!!

 

Just to keep you up to date with my claim;

Initial letter sent on 15 Feb 06

no response

Letter before Action sent on 2nd Mar 06

Standard fob off letter recieved 3 Mar 06

Another standard fob off letter recieved 20 Apr 06

Moneyclaim issued on 16th May 06

Moneyclaim acknowledged on 23rd May 06

Defence and Counterclaim recieved this morning

 

I have a copy of the defence and counterclaim saved as a pdf anyone know how I can put it on here for everyone to read and review?

 

Thank you in advance

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Hi EEK,

Just wanted to say best of luck. I am still at stage one waiting for an answer for my DPA request.

If you could PM me with a copy of the defence and counter claim I would be very grateful.

Regards,

Hondamad21

__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

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Update:

 

Have just received my Allocation questionaire - any tips?

I also need to file a copy of my defence again - any tips?

 

Would any of the Moderators be williing to have a look at the defence and counterclaim and make any suggestions for me to continue?

 

Many thanks in advance ;-)

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Update:

 

Have just received my Allocation questionaire - any tips?

I also need to file a copy of my defence again - any tips?

 

Would any of the Moderators be williing to have a look at the defence and counterclaim and make any suggestions for me to continue?

 

Many thanks in advance ;-)

 

Are you the furthest forward? They are defending? EEEK! Anyone else ahead of you/at the same stage.

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Reading through the forum I'm not the furthest with egg, however it seems that everyones counterclaims are differant hence my request for some tips.

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Sent off my allocation questionaire yesterday with copies of all letters sent and recieved and a speadsheet with all charges.

Hope to hear something soon!!

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I recieved a copy of the allocation questionaire that egg have sent off to the court today. Interestingly they didn't tick the box to say they had enclosed the fee. However at section E they have stated that they want permission to use an expert's report at the hearing stating 'default charges' as the experts evidence that he/she will deal with.

The form is signed by Adrian Hockridge (Head of Legal Services at Egg Banking plc). I suppose the next stage will be to get a date for the hearing.

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keep going :-)

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

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Yes it would be in my interest to attend the hearing and lucky for me it's been moved to a court near me. I've already got all of my infomation together so we'll just have to see how far they are willing to take this!!!

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Just out of interest if they have defaulted you it is worth going to one of the credit reference agencies Equifax or Experian and register a dispute. Can be done online. I got my defaults updated with "settled"

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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Um quick question.

 

With regards to the counterclaim that Egg have against me am I supposed to put in a defence against it. If so how do I go about this?

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Um quick question.

 

With regards to the counterclaim that Egg have against me am I supposed to put in a defence against it. If so how do I go about this?

 

What is the counterclaim for?!

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I've typed out the counterclaim below - What do you think?

 

I've got a scanned copy of the full defence/counterclaim but am unsure how to post it on the forum.

 

Counterclaim;

6. In the event that the court finds that the default charges levied on the claimant do constitute an unfair penalty and are thus unenforceable, the defendant counterclaims for the actual cost to the defendant of dealing with the claimants breach of contact in exceeding her credit limit and failing to make her repayments, such costs to be assessed by the courts.

7. The defendant counterclaims further for all and any other sums (4657.94 to date) which may be due and payable by the claimant to the defendant as at the date of judgement.

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They've done the same to me! I'm still uncertain as to whether I should just deny point seven since the figure includes the penalty charges, or if I would be expected/obliged to be specifically accurate i.e. that the figure mnus penalty charges is what I owe...

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No, as I say above I'm still deciding how to respond to the second point! I will be though. For the first point I will be saying 'the claimant (me) would welcome the defendant's submission of a break down of TRUE costs related to this matter, and would then modify the claim to represent the different between the unlawful monies taken and that figure' or something...

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Does anyone have any suggestion as to what I should put in my defence.

 

Help would be gratefully recieved.

 

Thanks in advance

  • Confused 1
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Sorry I can't help - it seems Egg section is relatively unloved by mods - Don't see any comments in here. Need to look under other sections but haven't seen any like this yet. Worrying as Egg seem to be the most difficult to handle. Maybe that is why there is silence. :confused:

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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