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

[Guest ian cognito]

I think I read this wrong this afternoon, I read it as if you fail to make payments by the agreed time the entire balance will become due and payable. Now I've read it again they are saying that unpaid payments wil become payable which isn't quite so bad is it? (althought they could still wreck your credit file)

 

I appreciate what you say about your circumstances changing so perhaps you could ask them to amend it to allow further negotiation in the event that continuing with the agreed level of payments would cause extreme hardship.

 

It really depends on how quickly you wish to put this thing to bed, I now pay all my monthly payments on payday which is the 15th of the month, this means many of my creditors (including Egg) recieve their money over two weeks in advance of the due date, if you were able to do this, it would give you a little leeway on payments.

[thecornflake]

I'd check that - I don't think a clause in a contract allowing them to claim the whole amount back if you miss a payment is lawful. I think if it went to court under that clause the courts would try and get a payment arrangement agreed.

 

If you don't want to accept their terms this clause is a good enough reason to turn down the offer and continue, I don't think the court would see this as unfair - they have attached terms to their settlement which you don't want to agree to.

 

EDIT: I see this as them trying to get out of going to court. I think a refusal of this Tomlin order may result in a full settlement but don't take my word for it - that's just my opinion. If they were confident in their defence/counterclaim they'd be happy to go to court.

They're offering a full settlement plus trying to make themselves look generous by 'waiving the £120 costs of our counterclaim'.

 

Out of interest, would the settlement come anywhere close to clearing your balance, or owuld there still be a lot to pay off?

[EEK!!!]

Unfortunatly I still have a bit to pay off once this has been settled. I've been quite unwell recently and at the moment my employers are being understanding but things change and this is why I have felt even more uneasy about the whole thing.

Thank you all for your support

[angry cat]

Hi EEK!!!

 

I am still of the opinion that Egg are attempting to impose Unfair Terms...even more so if you are unwell!

 

You do not have to agree and in my humble opinion any District Judge would take a very DIM VIEW of Egg's arrogant attempt to put you under duress.

 

Write back stating that you cannot agree and...in the meantime pm a mod for help.

 

Love AC

[countrybake]

hi eek i would tell them that you will settle with no conditions attached and then you will carry on paying as you had been before with egg. They will back down 4 other banks i wnt for backed down straight away after trying to have the last word. you are in controll here and they don't like it.

but do what you feel is best and good luck.

[EEK!!!]

Hi, With the help of the brilliant Mcuth I sent a letter off to egg saying ;

Thank you for your letter of 19th December.

Firstly may I apologise for the delay this has been due to personal circumstances beyond my control.

 

Naturally, I am sure you will appreciate that I disagree with your assertions in paragraph 1 of the above letter. That said, in the interests of bringing this matter to a close quickly, I am prepared to accept the sum of £xxx.xx in full & final settlement of the above case.

 

However, your unilaterally imposed conditions and the Tomlin Order are not acceptable.

 

As I'm sure you are aware, I have been regularly paying back the sum of £xx.xx each month since July 2005 through my Debt Management Plan with PayPlan. As such, I believe that your counterclaim for the entire outstanding balance is unfair, intimidatory and indeed retaliatory, given that I am simply exercising my right to redress Egg Banking PLC's deduction of unlawful charges on my account.

 

Not only are the payments handled by my nominated 3rd party, but they are also made electronically. As such, the timing of the payments is somewhat beyond my control, which leaves me vulnerable to your side of the Tomlin Order being implemented without further notice & due process.

 

Having the proceedings stayed as laid out in your Tomlin Order would be a continued intimidatory act, as it allows immediate judgement for yourselves without due process should there be a change in my circumstances in the future.

 

I am sure that a district judge would see this the same way.

 

I assure you that it is my intention to repay this debt in full, but I would remind you that should I fail to continue satisfactory repayments on this account, then the option of court action is always available to you at that time without the need for the Tomlin Order being a continuous threat.

 

In light of the above, I propose the following:

1) The amount of £xxx.xx is credited to my account numbered xxxxx

3) I undertake to continue payments under my Debt Management Plan with PayPlan until the debt is settled

4) On confirmation of crediting of my account, I will write to Medway County Court and withdraw the proceedings under case 6QZ30952. At this time I will write to you with a copy of my letter to court.

5) On receipt of my letter to the court, you will also write to them and withdraw your counterclaim.

 

I trust this is satisfactory, and look forward to receiving your agreement to my proposal.

 

 

Yours sincerely

 

I've recieved a letter back to day saying;

[countrybake]

saying; blimey a bit of a cliffhanger you have left us with here.

CB

[EEK!!!]

While we are obviously dissappointed that you object to the terms of the tomlin order we do still hope that we will be able to settle this matter amicably.

We have decided to proceed as follows;

without any admission of liability and on a purely commercial and ex gratia basis, and in accordnace withyour letter, we have credited your account number xxxx with £xxx.xx in respect of the charges applied, interest thereon and the court fees in full and final settlement of the proceedings (excluding the counterclaim) in the xxxx county court under claim number xxxxx and of all claims, rights, actions and causes of actions (including claims for interest and costs) you may have against egg arising out of or in connection with any issue pleaded in the case.

as you will appreciate, this still leaves tha matter of the counterclaim. as I stated in my letter of the 19th december 06 we consider that we have a strong case against you for the indebtedness on your accounts, and this does not appear to be in dispute. the paymetns you are currently making are pursuant to an agreement which may be reviewed by egg at any time; we believe that the offer made in the tomlin order that you continue making payments at the current rate is fair and we are dissappointed that you see this as a 'continued intimidatory act'

further to our discussions (?) i have ammended the tomlin order and i hope that the new version will be satisfactory to you. if we are not able to settle the counterclaim prior to the hearing listed for the xx feb we reserve the rigfht to cliam our court fees and judgement interest on the sums owed.

if you wish to accept this offer please sign and return to us the revised tomlin order enclosed with this letter within 14 days. once we have recieved tthe signed tomlin order we will lodge it at court to bring the proceedings to an end.

if you wish you discuss the counterclaim please contact me using the details above. if you do not understand any of the matters detailed in this letter or the tomlin order i would strongly suggest that you seek professional qualified legal advice.

 

The Tomlin Order;

Upon the parties having agreed terms of settlement set forth in the schedule attached 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 to carry such terms into effect

3 there be no order as to costs of this apllication or in the case

 

The Schedule

1 the defendant has credited the claimant account numbered xxxx with the defendants the sum of £xxx.xx

2 the claimant shall pay to the defendant the sum of £xx.xx by 4pm on the last day of each calendar month until the outstanding balances on the claimants accounts numbered xxxx & xxxx are paid in full, with the time for the making each of the payments in the para 2 to be of the essence

3 in the event that the claimant fails to make any of the payments referred to in para 2 by their due time and date all unpaid payments under para 2 shall become due and payable to the defendant immediately and he defendant shall be at liberty to enter judgement on notice against the claimant for the total of all unpaid payments

4 the parties aggree that the consideration set out in para 1-3 above shall be in full and final settlement of the case, 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 pleded in this case.

 

SO ANY THOUGHTS AS TO HOW I ANSWER THIS!!!

[EEK!!!]

phew I've worn my fingers down typing all that out - sorry for leaving you hanging on

[EEK!!!]

So anyway I think they may have completly missed the point i was trying to make but I'm not sure where I now stand.

I was wondering if I sent them a letter something like this it would work/help;

 

Dear Egg,

 

Many thanks for crediting my account with £xxx.xx as full and final settlement of my claim.

I still feel that you are insisting on an agreement that I feel is intimidating.

I would like to clarify that I will not be signing the Tomilin Order but you may take this letter as my confirmation that I will continue to pay you £xx.xx on a monthly basis until the remained of the two balances have been cleared. I also confirm that on a monthly basis I will personally review my financial circumstances and will notify Egg of any changes. I feel that mutually we can resolves this matter amicably.

 

With regards,

 

Any thoughts, ideas etc??

[countrybake]

hi eek they do not want to go to court about the charges aspect or send any documents via an order from the judge so you are still in the upper hand here to use at your advantage.

Possibly if you accept their offer of payment but not the tomlin and conditions they are enforcing on you, so a letter nicely put of which i am terible at basicly saying i accept offer as partial settlement but on full settlement on these terms (thats the bit that needs more thought off a good letter writer).

all the best CB

[mcuth]

Hi Eek

 

Did you get any further with this?

 

Cheers

 

Michael