EEK!! V Egg - Hearing 15th November.*POSTPONED*

[angry cat]

I Dont Believe It!!!

 

Shocking

 

Ac

[fergal71]

unbelieveable I was waiting for this result before seeing what to do with my mothers case due on 23 rd nov... i can not make it unfortunately and she does not want to go on her own so it looks like I will have to adjourn ???? doh!!!!!!

[EEK!!!]

Ok I've just called the court and it appears this time it's not Egg playing silly buggers. The Court has no judge tomorrow so it is having to be reallocated but get this it may not be until Feb 07!!!

 

It's being heard in Kent as this is my correspondance address. I move around a lot with my job so keep this one for continuity.

[Jaynekul]

Pity they didnt forget to tell EGG and some of their time could have been wasted for once

[angry cat]

Good Grief EEK !!

 

If you hearing is not going to be until February 2007, then my hearing will come up before yours.

 

Love AC

[MAGZY]

EEK!!

 

Obviously a delay tactic by egg here and one to make you feel exactly the way you are feeling right now - "is it worth it?"

 

Well, yes! it's totally still worth it of only to pave the way for egg's 2.8 million customers to claim back unlawful charges - and that's what they STILL are!

 

unlawful charges

 

...that you are contsting and they KNOW are unlawful but are wanting to drag it out even further in the hapless hope that you will cave in.

 

We are all 110% behind you on this one!

 

Stick with it, and you WILL prevail.

 

M

 

xx

[puppylove]

All the best for today eek

[Guest ian cognito]

Puppy read above

[puppylove]

Oh no! feb ???

[schnide]

It wouldn't surprise me if Egg bumped off the judge at this rate..

 

SMASH THE EGG

[Guest ian cognito]

Rather amusing sign in the co-op bank window

 

"Review your mortgage in 3 minutes - less time than it takes to boil an egg"

 

Made me laugh anyway

[frankiefrankie]

Aww EEK!! How gutting for you! Have you got another date or anything?

 

Frankie.

[Nick SPX]

The thing that makes me laugh is that egg actually believe that they would have better counsel than all the other banks to fight the case.

 

I mean, they can't really believe that the likes of Barclays and Natwest haven't sought legal advice on this before paying up.......

[MAGZY]

Exactly! However they do operate out of a warehouse in derby - hardly a premise for being part of the ranks of the big four!

 

(I used to work at Egg for 2 months - and they'e mostly complete wánkérs - couple of good people there but few and far between)

 

This is a company that have their head in the sand and are bound to doom!

 

Get your claim in before they go bust!!

 

(Saturday night post pub rant )

[EEK!!!]

Ok people anyone got any ideas/thoughts on what a Tomlin Order is?

I have had a letter from Egg with the view to settle however I feel that I am being held to ransom over the remaining outstanding balance. I would very much like to agree to settle as it is for everything but I do not want to sign something that basically says if you stop paying us the agreed amount etc etc we will take you to court for everthing and more - not wanting to sound pesimistic but my financial circumstances may change and I can not 100% guarentee my income - any thought or ideas would be most welcome.

[Tobes]

perhaps at this stage be honest - say you are willing to settle but are reluctant/unwilling to sign away rights partly because you are a lay person - assure them though that if you settle it is your intention to stick to that etc blah blah

[Guest The Terminator]

CHAPTER 9 JUDGMENTS, ORDERS AND PROCEEDINGS AFTER JUDGMENT

 

There you are you can read what a Tomlin Order is, basiclly an out of court settlement

[mcuth]

Ok people anyone got any ideas/thoughts on what a Tomlin Order is?

I have had a letter from Egg with the view to settle however I feel that I am being held to ransom over the remaining outstanding balance. I would very much like to agree to settle as it is for everything but I do not want to sign something that basically says if you stop paying us the agreed amount etc etc we will take you to court for everthing and more - not wanting to sound pesimistic but my financial circumstances may change and I can not 100% guarentee my income - any thought or ideas would be most welcome.

 

What exactly have they put in their offer letter, EEK?

 

This thread has a decent description of a Tomlin Order:

http://www.consumeractiongroup.co.uk/forum/general/2545-what-tomlin-order.html?highlight=tomlin

 

My view is that if what they want is unreasonable and a condition of settlement, then you don't have to agree to it at all (see my Egg thread for my response on their settlement offer). It's you that's taking them to court for the charges, not the other way around....

 

Cheers

 

Michael

[kippy2]

ge money like giving out tomlin orders too and they settled everything with me. just for info here is summary of what it is ...

 

Guidance Note on Tomlin Orders

 

By

 

Malcolm R Hacking

 

Probably best to take some examples having regard to instances where Court proceedings have been commenced. It may in fact make a difference if a Court has heard some interlocutory matters or perhaps granted an injunction or made an Order for interim payment. These are added complications when settling a case since in those instances the permission of the Court will be needed.

 

However, let me approach the matter somewhat simplistically and deal with one party making a monetary claim against the other and where no interim relief has been given.

 

In such circumstances, where the settlement agreement simply requires the payment of a sum of money from one party to the other then the mediation agreement may be drafted so as to provide for the discontinuance of the Court action. In most cases this could be achieved without the need for the Court’s permission.

 

So the mutual obligations agreed to by the parties are binding as a matter of contract. One party will have to pay the money and the other party will have to file a Notice of Discontinuance with the Court bringing the proceedings to an end.

 

Obviously this will mean that the parties will have to consider the position with regard to costs so these should be “factored in” in the discussions leading to the discussions leading to the settlement.

 

However, and this is where I begin to make simple things seem complicated all over again, a failure by one party to pay could be regarded by the other party as a fundamental breach of the agreement so as to constitute a repudiation of the settlement agreement, which, if accepted by the aggrieved party, will entitle that party to consider the settlement agreement at an end. In those circumstances, the aggrieved party could proceed with its Court case!

 

An alternative type of settlement agreement might be more appropriate where there are a number of things to be done by one party, or indeed both parties, in terms of the settlement and perhaps in a particular timescale. All of these items might be better served if each of the obligations form the subject of some order that could ultimately be enforced by the Court if necessary.

 

In such circumstances, the parties should set out, in the form of a schedule, precisely what they have agreed should be done and the timing of such events – and have that schedule made the subject of a particular type of Court Order known as a “Tomlin Order”. This kind of Order simply tells the Court that all further proceedings are stayed upon the terms agreed by the parties which terms themselves are in a schedule attached to the Order.

 

The actual Order is usually drafted in the following fashion – following a recital of the parties to the action and with a heading of the Court action or case number ………

 

“And the parties having agreed to the terms set out in the attached Schedule IT IS BY CONSENT ORDERED:

[EEK!!!]

Thank you all for your replys. I'm just about to call John Murphy now and let him know that I appreciate his offer to settle but I am unwilling to as I do not wish to sign a legal document that I am not 100% happy with.

[EEK!!!]

The letter -

1. We view our terms and conditions as fair and in particular the charges levied pursuant to section 7.1 of your credit agreement (the ‘Agreement’) with Egg Banking plc (‘Egg’) to be a genuine pre-estimate of loss rather than a penalty. We also consider we have a strong counterclaim against you for the indebtedness on your accounts numbered xxxx and xxxx (together ‘your account’).

 

2. Notwithstanding our view, in the particular circumstances of your case we put forward the following settlement proposal:

 

(a) Without and admission of liability and on a purely commercial and ex gratia basis we will within 14 days of your return of the signed Tomlin Order enclosed with this letter (see paragraph (g) below) credit your account with £xxx.xx. As you will appreciate this is the full amount of your claim against us broken down as follows:

 

(I) £xxx for charges

(ii) £xx.xx for interest on as pleaded in the Claim Form

(iii) £xx.xx for interest from the issue date until xx xxx xx (xxx days); and

(iv) £xx for your legal costs.

 

(b) In relation to the outstanding balance on your account you shall continue to pay to us the sum of £xx.xx by 4pm on the last day of each calendar month until the outstanding balance on your account is settled in full, with the time for the making each of the payments to be of the essence. Provided that these payments are made we are willing to waive to £120 that we incurred in filing the counterclaim.

 

© We discussed that you wished to review the payments you make to Egg on a six-monthly basis. You will at all times be at liberty to make payments in excess of those detailed in paragraph (b) above but any such payments will be over and above the obligations contained in paragraph (b) above excess payments made in any month will not be carried over and will not reduce your liability to make payments in future months.

 

(d) In the event that you fail to make any of the payments referred to in paragraph (b) by their due time and date all unpaid payments under paragraph (b) shall become due and payable to us immediately and will be entitled to enter judgement against you for the full amount of all unpaid payments.

 

(e) You and Egg agree that the provisions above are in full and final settlement of the proceedings in Medway County Court under claim xxxxxxxx and of all claims, rights, actions, and causes of action (including claims for interest and costs) either party may have against the other arising out of or in connection with any issue pleaded in this case.

 

(f) The terms of this settlement shall remain confidential between the parties and their professional legal advisors save that the same may be disclosed;

 

(I) to the extent necessary for the purpose of enforcement of the settlement; and

(ii) to any court, government or other authority to the extent necessary for compliance with a lawful obligation by the party disclosing it and to the extent necessary to any professional advisor to that party in connection with the giving or receiving of advice in relation to such disclosure.

 

(g) You will sign and return to us within 7 days from this date of this letter the Tomlin Order enclosed with this letter providing for a stay of the proceedings on the terms above and on the basis of each party bearing their own costs. Once we have received the signed Tomlin Order we will lodge it at Court to bring the proceedings to and end.

 

3. The above date will remain open for acceptance for 7 days from the date of this letter after which it will be automatically withdrawn.

 

If you have any queries on the contents of this letter, please contact me at the address above.

 

Yours sincerely

 

John Murphy

Egg Banking plc

Legal Department

 

The tomlin Order-

Upon the parties having agreed terms of settlement set forth in the schedule attahced hereto BY CONSENT IT IS ORDERED THAT:

1 All further proceedings in this action be stayed except for the purpose of carrying such terms into effect.

2 Permission to apply such terms into effect.

3 There be no order as to costs of this application or in the case.

The Schedule -

1 The defendant shall within 14 days from the date of the order credit to the claimants account numbered xxxx with the defendant the sum of £xxx.xx.

2 The claimant shall pay to the defendnat the sum of £xx.xx (my monthly payment through payplan) by 4pm on the last day of each calender month untill the outstanding balances of the claimants accountsnnumbered xxxx & xxxx are paid in full, with the time for the making of each of the payments in this paragraph 2 to be of the essence.

3 In the event that the claimant fails to make any of the payments referred to in paragrapgh 2 by their due time and date all unpaid payments under paragraph 2 shall become due to the defendant immediately and the defendant shall be at liberty to enter judgement against the claimant for the total of all unpaid payments without further notice to the claimant.

4 The parties agree that the consideration set out in paragraphs 1-3 above shall be in full and final settlement of the case, and of all claims, rights,actions and causes of actions (including claims for interest and costs) either party may have against the other arising out of or in connection with any issue pleaded in this case.

5 The terms of this agreement shall remian confidential between parties and their professional legal advisors save that the same may be disclosed:

a) To the ectent necessary for the purpose of enforcement; and

b) To any court, goverment, or other autority to the extent necessary for compliance with a lawful oligation by the party disclosing it, and to the exent necessary to any professional advisor to that party in connection with the giving or receiving of advice in relation to such disclosure.

 

So there it is people I also received a three page letter but I think the necessary information is above.

Any thoughts?

[Guest ian cognito]

Well looks like item 5's a no then?

 

Regarding 2 & 3, there is no way you can guarantee that payment date and time is going to be met, for example in December unless you are going to make payment around 12 days earlier? Could you trust them not to delay the payment in some way?, this wouldn't even allow for illness, accident etc. I know they're tough and it's an end to it as far as reaclaiming charges is concerned but I don't think I'd go for it.

[EEK!!!]

Thank you for a quick reply.

That's exactly how I feel however if this ended up going to court I don't want to be the one that seems to be unreasonable. I need be sure of my response.

[angry cat]

Hi EEK!!!

 

I, as you probably know have received a letter/settlement proposal from Egg lsolicitors - Addleshaw Goddard LLP, which is worded almost exactly as yours. Attached to the letter was a 'Consent Order'!

I have rejected the offer and refused to sign the 'Consent Order'.

 

Dirty Tricks again from Egg....be careful.

 

Love AC

[EEK!!!]

Have just edited my thread form earlier today to include the letter -

makes for very interesting reading.

Just need to try and figure out how to write back without seeming like an unreasonable person - hmmm