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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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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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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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  • 2 weeks later...

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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  • 1 month later...

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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  • 4 weeks later...

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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