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    • So I have to ask you once again, has sweatband eventually refused to accept any responsibility for this now that you have been knocked back by the manufacturer? I'd be very grateful if you could address this question which I've already asked twice now.
    • Hi    The first one was purchased in August 2020 and returned in October. This is the link to the page.    https://www.sweatband.com/proform-pro-1500-treadmill.html   We wanted to research our rights so we were clear on them before going back to the manufacturer or sweatband. The last communication was with the manufacturer who sweatband directed us to and the manufacturer told us the location of the treadmill was unsuitable and we had to move it our it would void our warranty.    I wonder if you could be kind enough to let me know if you think the link above affects our protection under the consumer rights act?    Thank you again  EM0149
    • I notice that you haven't addressed my question as to whether sweatband.com have actually refused to take any responsibility for this now.
    • Thanks! I've had several successes in the past 4 years or so which stemmed from a financially difficult part of my life around 2011/13. Basically I was financially trapped with Quick Quid, in a cycle of increased borrowing, during this I'd opened three catalogue accounts: Studio, JD Williams and Simply Be , 2 credit cards (Aqua and Barclays) and was juggling finances. In that time I had got 2 CCJs plus 2 defaults so things were pretty tight. I was using most of my available credit until things eventually became unsustainable. When I moved house I used the deposit to pay off Quick Quid and got into arrangements to repay the catalogues. The credit card limit was still rising until 2017 when I borrowed the balance of nearly £6000 from a family member and cleared the Aqua card. The Barclaycard had already defaulted. In 2017 I began action for irresponsible lending against Quick Quid. Basically they could not show the criteria they used to make lending decisions  and kept lending to me so I won the case. I was refunded all interest and fees  and charges plus 8% pa. When it was upheld it gave me the confidence to challenge JDW and SB. These were also upheld and they had to repay interest, fees and charges plus 8% from the second credit limit increase which amounted to about £1200 each. I challenged Aqua where my redress covering 6 years fees, interest and charges accrued to nearly £9000.  Barclaycard was not upheld but the default was moved back to an earlier date meaning it expires sooner.  All my IRL cases succeeded because none of these companies could prove that they had diligently checked my financial history. My credit report clearly showed that I was using a high or at limit proportion of available credit and that I'd accrued two unconnected CCJ's and 2 defaults throughout the lives of these accounts. Whether they should have given me the accounts in the first place was also brought into question but it was the sustained but gradual increase of CL's time and time again without proper checks. JDW were unable or unwilling to show the ombudsman what criteria they used. It only appeared that because I paid on time they continued to offer increases where in reality I was actually juggling finances like a fine balancing act.  It would appear that the FOS are looking at catalogue debt as I know when my cases against JDW and SB were being investigated they mentioned this.  My case against Studio should conclude soon. I was curious as to why now Cabot are trying to cut their losses by offering such a hefty discount. I can only summise that Studio are trying to buy back the debt for less.  
    • They have made an offer  Remind them in no uncertain terms that under CONC they are responsible for the conduct of their agents , (research and quote this) and negotiate a payment plan of their offer As dx says we really need all the details to understand the full picture 
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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
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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


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Yeah I'm in exactly the same situation so I'd like some help :D and yes, Egg section is not very much viewed which is why I put some of my queries in the general section, but then mods just moved them to the egg section where no one answered! :(

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Hi,

 

i would post something in the legalities section with 'Counterclaim' in the title. It should get a fair bit of attention as I don't think any other companies have tried this and that section is read a lot more than this one.

 

I think the idea of welcoming a breakdown of costs with a view to amending the original claim to allow for the true costs is a good one. I really don't see it getting that far though.

 

Good luck with your claim. I hope to send my LBA to Egg soon (started a thread here but having to wait for enough spare money to put in the court claim after the LBA if it goes that way).

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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Yes it should get noticed there - I'm surprised how few people are claiming from Egg!

 

If you get no answers and really need some advice you could possibly PM a mod who's posted some good replies in that section (i.e. not one that everone PMs like BF, Dave etc).

 

Personally I think you should be fine with accepting the counterclaim and seeing what happens. If it goes to court and they lose (which they should do given the wording in their terms and conditions!) they'll have to reveal their true costs for the counterclaim.

 

Like I've said before I'm shocked they would even allow a small chance of having to do this, but then if they don't intend to go to court why file a counterclaim?

 

Anyway, good luck and keep us posted...;)

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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Morning!

 

Well after some very helpful 'tips' from BF I've filed my 'reply to the defence and counterclaim' yesterday. I hand delivered it just to make sure. I've also sent a copy to Egg. I've heard nothing from Egg since receiving the defence/counterclaim and the claim is currently sat with the judge to give me a date for a court hearing.

 

Fingers crossed.

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He basically 'helped' me write the reply to the counterclaim. It makes for very interesting reading I can't wait to see Egg's reply he he

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He basically 'helped' me write the reply to the counterclaim. It makes for very interesting reading I can't wait to see Egg's reply he he

 

Keep us posted, can't wait to see the outcome

 

GOOD LUCK

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Anymore news on yours yet EEK!! ??? response to the Counterclaim?

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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No, all quiet on the egg front, sure they must be scambling up something!!!!will let you know when.....

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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I am watching all the threads with great interest. I realy hope that you hear something soon. Does not look like egg are paying anyuone off, just using l0oads and loads of delaying tactics. Good luck I hope you beat them to scrambled.

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How long does it sit with a Judge before a Court date?

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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I've called the Court and aparently they are very busy at the moment so it's whenever the Judge gets a chance to read it. However depending on the outcome of the case with Yasmin I may write to the Judge and fill him in on Egg's delaying tactics etc.

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I've had my court date through this morning - 14:30 on the 15th Novemeber.

 

At least this gives me plenty of time to organise all of my evidence.

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thats a while off

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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Good Stuff EEK!!!

 

Very Pleased to hear that you have decided to return to the...

Let's Crack The Egg Club and Remember, that Humpty Dumpty is no different to any other Bank!

 

Angry Cat

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At last you've got your court date! Quite a way off...However don't expect to get mine for some time now. They said first available date after 8th Sept. Hell knows when that will be. Tobes has got his comeing up soon. Suppose they could try the delaying tactics again by not submitting relevant papers.

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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  • 1 month later...

Morning Campers!!

 

After reading Tobes thread the other day I spent the whole day (whilst at work ;-)) organising the paper work for my court case. I know its a way off but if all of eggs court cases get consolidated you never know it might get brought forward. I now have 3 files with 332 pages each in of evidence!!!

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Holy Mumma! I asked the judge about bundles and she said you don't need to include copies of the whole Act(s), just the relevant bits, as they obviously have copies themselves!

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  • 4 weeks later...

Morning fellow Egg Dunkers!!

 

Well this morning I had a lovely surprise a hand delivered individual personal letter solely written for me from egg....

and then I woke up and realised it was just another one off eggs standard mail shots (hehe).

 

I think what bothers me the most is the opening sentence 'Thank you for your recent telephone call' um hello what telephone call I've had no contact with egg for months!!!

 

Like everyone else I am appauled that they feel they are able to use Annalh case as an excuse to 'bully' people into thinking they have the upper hand.

 

I cannot wait for my case in fact I think we should all be a bit more pro-active with/for each other and join forces and help each other out. We should be there for each other so I propose that we, if logistically possible, have at least one other fellow egg cracker as support in attending each case.

 

Hands up all in favour.......

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Morning Campers!!

 

After reading Tobes thread the other day I spent the whole day (whilst at work ;-)) organising the paper work for my court case. I know its a way off but if all of eggs court cases get consolidated you never know it might get brought forward. I now have 3 files with 332 pages each in of evidence!!!

 

Wow - what do you use as evidence. I am a bit scared to be honest about claiming from Egg. Although it's costing them so much more to keep defending the claims etc.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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  • 2 weeks later...

Has anyone won yet against Egg - there seems to be a lot of people claiming but I haven't found anyone on the site yet who has been to court and won!

 

I've just sent my allocation questionnaire off (yesterday). Waiting to hear about a court date.

 

 

Joan

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