Skins V Egg **WON**

[skinswins]

Can i ask everyone's advice on what they would do.

 

I have followed all the steps and the 14 days is up on the LBA. Also sent breakdown of charges.

 

I have recieved a letter saying they will not refund the charges to my account.

 

Here are my thoughts

 

1. £16 charges, so will a judge really find in my favour?

2. If i file a claim is it worth them turning up for just for a £100?

3. Should I wait for the test case?

4. Has anyone else won with egg in last month or so...!?

5. Any more thoughts.............!?

 

 

I just don't know what to do. £100 is £100 after would be nice to get it back. Not end of the world if I give in I suppose.

[Mistermind]

I have recieved a letter saying they will not refund the charges to my account.

 

Did Egg say they will not refund your charges fullstop? Or did their template letter say "£16 charge is lawful as per OFT. You say £16 is unlawful but do not produce any evidence to support it." Egg are waiting to see if you understand the position and can make your case by letter. If you cannot make it in a letter you cannot make it in court, so they would have no reason to pay you off.

 

Unlike Capital One who threaten every claimant with confrontation in court but settle at the last minute, when Egg say they will meet you in court they will. In court Egg would say £16 is the OFT approved figure as of 5th April 2006, and you would have to convince the judge otherwise. No way would the judge award 100% refund. In November 2005 in Oxford court even a barrister claimant could only get refund of charges above £5.

 

After the bank charges test case verdict in December or January, no way will there be 100% refund of Egg charges. If the verdict were £12 for example, although not binding on credit card charges, the figure would likely influence your judge.

 

The best option is to send the moc1982 letter asap to show you know what to say in court to cause Egg maximum embarassment. For 6 months Egg have been settling 100% before court when receiving that letter, in most cases volunteering to add 8% p.a. Statutory Interest on top.

 

If you want to add a second embarassing question, then look up the Dublin hyperlinks under my signature, and ask Egg -- why £16 charge when it is £3 in Dublin? The best option is a 100% refund by Egg before court. Egg are not scared of the law, but they do not like to face articulate claimants. The tide is not flowing in favour of claimants now, though 100% Egg refund is still trickling through, just.

 

The wheel has turned successfully 70 times, no point reinventing it. See Sticky: V-E Day: Victory over Egg5 and moc1982 v Egg

 

GL, but quick.

[skinswins]

But would they really turn up for a £100.

 

After all even if they win I don't have to pay there cost's do i..!?

[Mistermind]

Egg have turned up before for no money, just to defend a Default Notice.

 

When Egg want to defend what they regard as a point of principle they will turn up, to discourage the others.

 

Only one instance have I read, of Egg promising to defend in court but then abandoning their cause on the day by not turning up. Yasmin wrestled with Egg for 18 months, and when the final court hearing of the series arrived Egg had had enough. Yasmin won by outfacing them, but it appeared Yasmin also had had enough.

 

In the Small Claims Court even if you lose, all informed opinion is that you would not be required to pay for Egg barrister costs. In one instance the judge made a compromise ruling that the refund to the claimant be reduced to partially offset Egg's legal costs.

[skinswins]

*** Won *** inc contractual intrest

 

 

Just wanted to let the dust settle for a couple of weeks before opening my mouth.

 

Guys all I can say is carry on with credit card companies! Egg settled with the 14days of the 2nd letter.

 

So all, use the templates, stick to your guns and ask for contractual interest. they will pay up, i'm sure i wasn't just lucky!!

Thnks everyone who helps on this site!

 

Bring on the capitalone!!

[steven4064]

Skinswins

 

CONGRATULATIONS!

 

Well done!

[ukaviator]

Well done. . Congratulations