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    • OK, so I've rather unfairly picked up a CCJ from a business overdraft debt that's been going on for years. I had court claim forms in 2014 which I managed to stave off. and again in sept 2016. This time I've acknowledged the service, filling in what I thought was the correct amount I thought I owed. I've since had the personal guarantee paper copies in my possession and I owe £21K. I sent them back along with a new address for all correspondence to be sent to, and then agreed to a Tomlin order to pay debt off monthly.  Now, these were sent back and forth and eventually signed, but apparently only partially. So DD was set up at same time, in Jan 2017. over next couple of months we paid, and also go letters to sign new Tomlin which we ignored as it was signed. In March we got another TO with 7 days to sign it and send back. We had one day to get this to them and phoned to say it wouldn't be there, that's ok they said, well extend it, just keep paying and send it back asap, we did send recorded (since lost receipt). We assumed they'd got it, and didn't hear a peep from them. Until July 18, when I found id got a CCJ from Feb that year. I've logged a complaint with solicitor, and had a response, they are denying any knowledge of anything. They had no TO so took it to court without my knowledge.  I didn't think there was anything I can do. However, as it turns out, the court sent papers to an old address even though solicitor had new address for 13 months, and address for correspondence was on the claim papers I sent back. Upon closer inspection the numbers are all wrong too, nor a lot but its about £200 adrift. We called their office too within the 30 day notice period, oddly they have no record of that.  And all this is on a "Business Charge Card Guarantee" …. anyone explain that?? In the mean time we've paid £5K+ of the debt off. At no point did anyone in the process let us know we'd had the CCJ logged against us. Is that right?? Or legal? I was intending to get it set side, but was told by them it was pointless. Just want to get back to point A. Paying it isn't the problem, it getting the CCJ reset. Please Help!!! 
    • same with jaguar s-types etc. all kind of weird issues if the battery is on the way out or the terminals/earth straps are not reconnected tightely/properly.   mine was the earthing strap to the gearbox, was rotted and got knocked during the gearbox oil change.
    • what have they got that they can respond too that counters your SB defence? zilch.   as with every erudio claimform or PAPLOC thread on CAG you solely got the claim because for whatever reason , to that date, everything was ignored.   once a response is made they go away.   default CCJ avoided. you must read up and understand how arrows [erudio!!] operate  
    • so won by a section 75 claim under the consumer credit act then   consequential losses are also covered by section 75 as the card provide is equally liable as you've already found out   as for the dealer and court there is no time limit, well 6yrs I believe   though it would be a tough battle but made slightly easier as BC coughed up. but again what would you in all reality 'win' probably go bust or change name        
    • It was settled by Barclaycard because I bought the car using my VISA credit card. Do you know if there is a time limit for taking the company to court to claim the consequential expenses incurred?
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mrsc

Egg/Trevor Munn/ARC Europe 'WON'

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Hi all,

I thought I better start My own thread I have read a few of the threads on here and to be quite honest I am confused not got my thinking head on today I am afraid so please bear with me.

Sent SAR on the 27th July 2007 to Egg ( I am doing this on behalf of my daughter) so far as I can tell it started off she was owe

Egg £528.52 3rd April 2006

Egg £579.81 4th May 2006

Capquest £576.52 12th May 2006 Threatning Court

Capquest £576.52 17th May 2006 They accepted instalment

Capquest ££426.52 23rd May 2006

Then she had a letter confirmation of Direct Debit set up.

HL Legal October 2006 £226.52 Threatning Court

HL Legal November 2006 £226.52 Threatning Court again

Back to Capquest LBA rec 21st Nov 2006

The last two letters have been from Trevor Munn re ARC Europe acting on behalf of Egg one dated 19th Jan 2007 and 2nd Feb 2007 claiming that a County Court Claim is now being prepared for Northampton Court.

Question one will the SAR put this in dispute or a CCA and should I send that to ARC or Trevor Munn I know I am sorry that was 2 questions.

I know I should really learn how to put this information neater and so that people can understand it I just hope someone can decipher it.

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Me again forgot to add that received letter from egg dated 14th Aug 2007

 

" Thank you for your recent request to change your address "

 

No NO NO it was a SAR :???:

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Mrs C,

 

In recent months numerous claimants have received prompt repayment of unlawful charges and interest from Egg, showing an evident willingness to pay on demand provided all the details are correct. When response is slow it was usually because correspondence reached the slow hands rather than in the in-trays of record-breaking managers.

 

Because Egg is willing and does not need to be threatened, legal paperwork has not proven necessary. If anything longwinded letters slow things down as the recipient struggles to make head or tail of it, so to be sure he or she files it at the bottom of the Pending tray.

 

The longest step is obtaining the statements. You are entitled to the Full Monty version of papers one-inch thick for £10, which will probably cost Egg £50 to produce. This could take up to 4 or 6 weeks. Or if you are content with 8% per annum Statutory Interest instead of refund of actual monthly Egg interest (only a little higher) on unlawful charges, then you could request the brief list of all your charges for £5 -- very quickly. You might be asked for proof of address and identity, e.g. passport photocopy and original utility bill etc.

 

Once you have the list of Overlimit and Late Payment unlawful charges, it only requires a letter itemising them for repayment, plus whichever of the two types of interest you want reclaimed. Egg will then send you a template letter saying £16 charge is lawful, and you can send back a much-used template letter from moc1982-v-Egg thread (in V-E Day thread). This normally brings an immediate offer of full payment.

 

Trevor Munn is but another desk in ARC, it is doubtful if they even have a desk, as they always want you to pay ARC. Chasers and lawyers always bark more than they bite. I do NOT believe they will mount a County Court case as threatened. If they did, Egg not ARC, will have to attend court to confirm the balance you owe, which gives your daughter the opportunity to say, oh no, she owes £X less refund of unlawful charges and interest. Egg no longer has an appetite for court, much though they did in 2006. All refunds will be handled by Egg, not ARC or T Munn.

 

For best and quickest results suggest you address your correspondence in plain English to managers Ema Clayton AND Guy Harrison at Egg, seeing it is peak hols season. Both have shown themselves capable of efficiency, cooperation, and commendable courtesy, so no need to bif them just in case. They are not like debt-collecting telephone monkeys paid £5 an hour.

 

The refund may well be sent by Egg to ARC as her account is still open, thereby much reducing the balance owing, and taking the heat and urgency out of ARC. But there is a chance the dough will be paid into her bank account.

 

Straight refunds work painlessly with Egg, and have done for months and months. No reason to think it would be any different for you. Good luck.


 

 

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Thanks for the Information, I am sure she would prefer her balance to be reduced then come to some sort of arrangement with them.That would help her a great deal in sorting out her problems.

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Received copy of charges etc just two pages with all the transactions purchases,payment protection,interest,charges and payments and they are only charging £5.00 and want account sort code and number to return the £5 (had sent a cheque for £10.00)

There is £80.00 for charges not sure how to do the interest bit.

 

The balance of the account is £226.

 

When I claim i would like the amount to be taken off the balance and then come to an agreement with them to pay the rest monthly.Will they do that and should I include that in the letter asking for the charges back.?

 

I have been reading so many threads in the egg forum but can,t find one in the same situation.I have maybe read the wrong ones of coarse can anyone point me to one like mine please.

 

I would be grateful for any help.

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Your charges total of £80 would suggest 4 x £20 items levied before July 2006, or 5 x £16 items after July 2006. If you take the midpoint date of these 4 or 5 charge dates, then derive the number of months to date. Say if 5 charges were levied in

 

Sept 2006,

Nov 2006,

March 2007,

April 2007,

June 2007,

 

then on average these 4 charges have a midpoint of February 2007 -- 6 months ago. So you can claim compensation for loss of use of £80 capital, for 6 months at 8% simple interest per annum, i.e. £80 x 4% = £3.20. Egg will cheerfully pay up Statutory Interest at 8%, often without it being requested, so for sure they are not going to split hairs with your arithmetic.

 

So your reclaim total is £83.20, and a simple letter in plain English should be sufficient, probably securing Egg agreement by return of post. I am not sure if Egg's reclaim manager also works in the debt chasing department, but such a highly placed manager, such as Ema Clayton, only needs to send a memo to the chasers, and there should be no problem about quietly paying Egg an agreed monthly amount from here on.

 

If you explicitly write to say you do want the refund to be paid into your Egg card, not paid to yourself, I am sure Egg would have no problem obliging you.

 

A piece of cake. Cheers.


 

 

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Dates of charges.

 

4th jan 2006 unpaid dd

20th Mar 2006 late

20th april 2006 late

20th april 2006overlimit

 

Thanks for responce I will take your advice nice letter to the point asking for the charges to be returned to the account to reduce the balance and come to an arrangement with Egg if possible not ARC/Trevor Munn.

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Lets see if I have got this right mid point Feb 2006 so that would be £80 x 12% = £9.60

Please correct me if I am wrong.

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Yes I agree with your figures.

 

Your next letter itemising your claim will trigger a template letter from Egg saying their charge at £16 is now lawful "as approved by OFT" and that you have not presented evidence to say otherwise.

 

Upon this your second letter would be a template letter from "moc1982 v Egg" thread (see V-E day index).

 

Almost by return Egg will offer full refund, awaiting your acceptance of it with full and final satisfaction (and confidentiality). As you post under a nom de plume I cannot see how your future postings could breach the confidentiality clause if you accept same. The same letter will say Egg will pay into the account, possibly pay into the bank account in the cardholder's name, with sortcode and number to be nominated by you.

 

Your third and final letter would confirm your acceptance, and in your case with an EXPLICIT request that the refund be paid into Egg card account, out with ARC but unlikely to have been sold away by Egg. Either way if you stress your payment preference, and how it is in Egg's interest to pay as you say, I am sure there would be no difficulty. If you address this final letter to Egg bigshot Ema Clayton, and say how ARC's and Munn's frantic letters and phone calls having been causing distress, could Egg please have a word for them to ease off. You evidently do want to pay ARC, monthly an amount as big as available, but not as big as imaginable.

 

It is a ritual dance, all three steps have been choreographed and proven many times. GL.

  • Haha 1

 

 

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Thank you Mistermind

 

I really appreciate all the help you have given me and I will keep updating to let you know how I am getting on.

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That's the first letter away asking for the charges to be refunded.

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Recieved reply from Egg

 

Sorry had to compain will start work on complaint and will get one of the customer advisers to phone to discuss the complaint in detail.

 

Shortened version of letter but that's the gist of it not sure I want her to speak to them on the phone should I send a letter saying all contact must be in writing. As my daughter is a big softy and will agree with anything they say.

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This could be an Egg acknowledgment template letter. Or this could be a slight deviation from normal Egg form, in that you (?) have written on behalf of your daughter. It may be that Egg rules require a precautionary confirmation that the cardholder does agree with what was previously written on her behalf.

 

If your girl is not one for verbal confrontation, perhaps she could write a letter simply confirming she agreed with everything in the previous letter you wrote for her. I would not dream of Eggployees these days thinking of browbeating your girl. More a case of playing by the rule book.

 

GL.


 

 

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Received reply from egg.

Think it must be the standard reply "our charges are fair" and are offering the difference between £20 and £16.

I take it that this is the time to send the letter from the VE Day thread.

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Indeed, the cue for

 

slow, slow

quick-quick slow....


 

 

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Thank Mistermind,

 

Your help is greatly appreciated

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How do I get this moved to settled.

 

Not sure how to pm a mod or link to this thread.

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Can anyone help me with this.

 

I must read Bookies guide for dummies again :D

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If you find any recent Egg thread with a posting by a Mod, e.g. Steven4064 or Zootscoot, then click the name of the Mod, that will cause a screen popup offering you the chance to send a Private Mail requesting your thread to be moved to the Other Card Winners Forum, with ***WON*** added into the title.

 

Well done, winner number 74 !


 

 

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Thank You Mistermind.

 

Your help has been much appreciated.

 

Mrs c

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I've put a request in for you to change to WON.

Congrats.


Be VERY careful whose advice you listen too

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Thanks Curlyben

 

You are a star :D

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