KAZZAW v EGG ***WON***

[kazzaw]

Having received a full settlement from First Direct my confidence is growing & I'm looking for other battles to fight!!

 

DPA letter sent to EGG on Friday for closed Egg Credit Card account.

[callumsgran]

Good on you kazzaw, stick with it!

[kazzaw]

UPDATE

 

Received a request for ID documents which I sent last week.

 

Jenny Gordon says I will have the information requested within 40 days from 24/7/06.

[kazzaw]

Statements etc arrived whilst I was on holiday spending other settlements!!

 

Prelim letter to be posted tomorrow for claim of £300.

 

From reading other threads I'm not expecting this to be settled this side of Christmas!!

[angry cat]

Hi Kazzaw- Just keep on going & Good Luck! Love AC

[kazzaw]

LBA sent today with another copy of the schedule. Don't want them to say they haven't received details of charges claimed!! ;-)

[kazzaw]

Egg have replied to my LBA saying basically that it was my fault that I got charged as they do everything they can to take my money by insisting on having a direct debit. Also they said they had warned me how much they would charge me if I didn't pay.

 

I was a naughty girl on 15 occasions according to their records. At least I know that my figure of £300 (15 x £20) claimed is correct!!

 

I assume this is the same reply everyone else has had.

 

Another week to wait & I'll start proceedings through MCOL.

[angry cat]

Good Luck to You...and just keep on Going!!!

Love AC

[kazzaw]

Claim filed online:

 

Claim £300 + interest £93.51 + court fee £50 = £443.51

 

Settle back now for a long wait!!!

[kazzaw]

Claim acknowledged!!

[kazzaw]

28 days was up today so at 9am this morning pressed the magic "request judgment" button! Everything went through OK.

 

 

 

 

Just got in from work & checked MCOL again. DEFENCE!!!!!!!!!!!!!!!

 

What a shock!!!!!

[angry cat]

KAZZAW-

This is Egg's normal tactics-

meaning that they leave it right up to the last minute, to issue their Defence!

 

Humpty Dumpty is like an 'open book'.

 

Don't worry, just keep on going.....

 

Love AC

[kazzaw]

Received 3 copies of the defence through the post plus AQ from Mansfield Court.

 

Also received a letter today from Egg dated 17/11/06 offering a settlement of £56 made up of 14 x £4.

 

Going to search the threads for a copy of Egg's defence to compare. If anyone has one posted can they point me in the right direction.

[kazzaw]

Ignored paltry offer from Egg & have now received notification that the case has been allocated to the small claims track.

 

The hearing will take place at 2pm on 4/4/07 at Mansfield County Court.

 

Copies of all documents to be submitted no later than 18/1/07!!!

 

HELP!!!!!!!!!!!!!!!!!!!!!!!!!

 

I've never had to go this far with a claim before!!! Lots of homework to do now!!

 

I hope admanbo80's good fortune is going to continue to all the EGG crowd!!

[countrybake]

hi kazzaw use the court bundle you are a couple of weeks in front of me so i am now subscribed to your thread so i know what is coming

[kazzaw]

Court bundle being prepared over the weekend.

[kazzaw]

Spent hours compiling 3 copies of the court bundle, 93 pages each plus a nice professional looking cover & index. I was going to send them off today as they have to be in by next Thursday & I'm going away for a couple of days.

 

Received this in the post today!!

 

Private and Confidential

 

This letter is about resolving your dispute.

 

Dear Madam

 

kazzaw v Egg Banking plc

Claim No. XXXXXXXX

 

I refer to the above claims in Mansfield County Court.

 

1. We view our terms and conditions as fair and in particular the charges levied pursuant to Section 7.1 of your credit agreement (the "Agreement") with Egg Banking plc ("Egg")to be a genuine pre-estimate of loss rather than a penalty.

 

 

2. Notwithstanding our view, in the particular circumstances of your case we put forward the following settlement proposal:

 

(a) Without any admission of liability and on a purely commercial and ex

gratia basis we will within 14 days of your acceptance of this proposal by

return of the signed Consent Order (see paragraph (b) below) pay you

£451.79 in full and final settlement of the proceedings in Mansfield

County Court under claim number XXXXXXXX and of all claims, rights,

actions and causes of action (including claims for interest and costs) you

may have against Egg arising out of or in connection with any issue

pleaded in this case. As you will appreciate this is the full amount of your

claim against us broken down as follows:

 

(i) £393.51 for charges and interest as detailed in the Claim Form;

(ii) £8.28 for interest from the issue date until 20 January 2006 (96 days);

and

(iii) £50 for your legal costs.

 

 

(b) As your acceptance of the proposal you will sign and return to us the

Consent Order enclosed with this letter providing for dismissal of the

proceedings on the basis of each party bearing their own costs. Once we

have received the signed Consent Order we will lodge it at Court to bring

the proceedings to an end.

 

3. The above proposal will remain open for acceptance for 7 days from the date of this letter after which it will be automatically withdrawn.

 

4. Please can you confirm your acceptance of the above proposal by signing and returning the enclosed Consent Order.

 

If you have any questions on the contents of this letter, please contact me using the details listed above

 

Yours faithfully

 

John Murphy

 

As it's £3 more than I was expecting I will be accepting.

Interesting that they have left out the confidentiality clause!!

 

I have checked my letter against others received by CAG members & it seems to be identical other than the confidentiality clause. Progress?!!

 

Thanks to the mods & others for their help & encouragement

[kateandpete]

Congrats kazzaw!!

[angry cat]

Hi kazzaw, I don't want to rain on your parade but be careful. If you sign the Consent Order, you will be signing away you Right, to ever Claim again any charges that Egg may levy on your account in the future.

 

"(b) below) pay you

£451.79 in full and final settlement of the proceedings in Mansfield

County Court under claim number XXXXXXXX and of all claims, rights,

actions and causes of action (including claims for interest and costs) you

may have against Egg arising out of or in connection with any issue

pleaded in this case".

 

Very Unfair!!! also, don't you want to reclaim your costs in preparing the Court Bundle from Egg. After all, if they had settled your Claim earlier then you would not have had the extra expense.

 

JMHO

AC

 

AC

[kazzaw]

Not bothered about future claims against Egg as all my accounts except a savings account containing the grand sum of £3 have been closed for a while!!

 

Also someone else asked about claiming costs for Court bundles etc on another thread.

 

This cannot be done when the claim is submitted through the Small Claims Court for the same reason that you are not liable for costs if you lose.

[countrybake]

well done kazzaw the court bundle thing is a bit of a let down all the hard work put into it and no one gets to see it, the same happened with me with LTSB but i was not going to hit the print button untill the last minuite and they settled in full 2 days before.

On the signing of their form bit could you not write to them saying you will accept their offer made on X date and once the funds have cleared you will be writing to the courts to cancel procceedings as you have done with all the other cases.

but it is entirely upto you now it has been a long strugle for you, so do what you feel is right best of luck and congrats CB

[livelylad]

CONGRATULATIONS

Please complete the survey.

Ps dont forget to donate so we can help others smash the Egg

[kazzaw]

Cheque received today!!!

 

£451.79!!!!

[Yasmin]

Good news, Kazzaw, congratulations!

[chorlton1]

Absolutely fantastic! I had an omlette for dinner in your honour