EGG serves a Tomlin - What happens now - you WIN that's what !!!!!

[papadak]

I claiming an amount from Egg card and recently served them with a 'money claim' in the last few days i was advised by their legal people that they are defending and have written to me enclosing a Tomlin Order with their enclosure. However they have offered me a derisory 10% of the full claimed amount and say i must accept with 2 weeks or this offer is withdrawn.

 

1) What exactly is a Tomlin Order &

 

2) What should I do next?

[Michael Browne]

Tomlin order - Consumer Wiki

 

There is no obligation to agree to a Tomlin Order and the claim will then proceed as normal

[steven4064]

A Tomlin order is an agreement to their terms - my advice, put it in the recycling. (and any others they send you. This is your case, you decide when to stop and what order to issue)

 

What to do next - write to them, thenk them for their offer which you accept as a partial settlemnet only and tell them that you intend to carry on with proceedings for the full amount.

[papadak]

A Tomlin order is an agreement to their terms - my advice, put it in the recycling. (and any others they send you. This is your case, you decide when to stop and what order to issue)

 

What to do next - write to them, thenk them for their offer which you accept as a partial settlemnet only and tell them that you intend to carry on with proceedings for the full amount.

 

Thank you ... the money claim that i have served against egg has an 'acknowledged' status. Bearing in mind what you have said about accepting their offer as partial settlement does that mean that my claim within the money claim system can stay as it is?

[Mistermind]

I claiming an amount from Egg card and recently served them with a 'money claim' in the last few days i was advised by their legal people that they are defending and have written to me enclosing a Tomlin Order with their enclosure. However they have offered me a derisory 10% of the full claimed amount and say i must accept with 2 weeks or this offer is withdrawn.

 

This is an example of how serving Egg with legal papers can at times provoke worse results than sending a letter in plain English, into the care of Egg commercial managers.

 

Egg managers manifestly have a policy of not contesting penalty charge refunds provided you know the counter arguments as laid out in CAG template letters. If however your N1 served at court gets to Egg lawyers as opposed to managers, the lawyers apparently sing from a different hymn sheet. You may eventually achieve full settlement out of court, or after lawyers' intimidating brinkmanship following a roundabout route which will probably take much longer, no knowing how long. Let hope you are not stuck in such a groove.

 

There are numerous how-to examples of a simple letter to Egg achieving a full refund plus 8% p.a. interest, some within a week. See V-E Day thread in the Stickie Threads section above.

 

Good luck.

[papadak]

This is an example of how serving Egg with legal papers can at times provoke worse results than sending a letter in plain English, into the care of Egg commercial managers.

 

Egg managers manifestly have a policy of not contesting penalty charge refunds provided you know the counter arguments as laid out in CAG template letters. If however your N1 served at court gets to Egg lawyers as opposed to managers, the lawyers apparently sing from a different hymn sheet. You may eventually achieve full settlement out of court, or after lawyers' intimidating brinkmanship following a roundabout route which will probably take much longer, no knowing how long. Let hope you are not stuck in such a groove.

 

There are numerous how-to examples of a simple letter to Egg achieving a full refund plus 8% p.a. interest, some within a week. See V-E Day thread in the Stickie Threads section above.

 

Good luck.

 

Thank you, interesting advice - can you link me in to the V-E Day thread in the stickie threads section - do excuse my ignorance in finding it - thanks!

[papadak]

This is an example of how serving Egg with legal papers can at times provoke worse results than sending a letter in plain English, into the care of Egg commercial managers.

 

Egg managers manifestly have a policy of not contesting penalty charge refunds provided you know the counter arguments as laid out in CAG template letters. If however your N1 served at court gets to Egg lawyers as opposed to managers, the lawyers apparently sing from a different hymn sheet. You may eventually achieve full settlement out of court, or after lawyers' intimidating brinkmanship following a roundabout route which will probably take much longer, no knowing how long. Let hope you are not stuck in such a groove.

 

There are numerous how-to examples of a simple letter to Egg achieving a full refund plus 8% p.a. interest, some within a week. See V-E Day thread in the Stickie Threads section above.

 

Good luck.

 

To be honest i did give Egg a chance to refund me. However they would not budge on derisory offers so the money-claim for me is always a last resort. I take on board what you're saying Egg's lawyers, personally I would prefer not to deal with them.

[steven4064]

Just stick to your guns and they will give in

[papadak]

Just stick to your guns and they will give in

 

Thank you ... the money claim that i have served against egg has an 'acknowledged' status. Bearing in mind what you have said about accepting their offer as partial settlement does that mean that my claim within the money claim system can stay as it is?

[steven4064]

Bearing in mind what you have said about accepting their offer as partial settlement does that mean that my claim within the money claim system can stay as it is?

I woold have thought so. Why would you want to change it?

[papadak]

Thank you, interesting advice - can you link me in to the V-E Day thread in the stickie threads section - do excuse my ignorance in finding it - thanks!

 

Many thanks in advance

[papadak]

This is an example of how serving Egg with legal papers can at times provoke worse results than sending a letter in plain English, into the care of Egg commercial managers.

 

Egg managers manifestly have a policy of not contesting penalty charge refunds provided you know the counter arguments as laid out in CAG template letters. If however your N1 served at court gets to Egg lawyers as opposed to managers, the lawyers apparently sing from a different hymn sheet. You may eventually achieve full settlement out of court, or after lawyers' intimidating brinkmanship following a roundabout route which will probably take much longer, no knowing how long. Let hope you are not stuck in such a groove.

 

There are numerous how-to examples of a simple letter to Egg achieving a full refund plus 8% p.a. interest, some within a week. See V-E Day thread in the Stickie Threads section above.

 

Good luck.

 

Hi, is there an example letter that I may use as a template to send in to Egg please?

[Mistermind]

The first letter needs only itemise the charges amounts and dates you want to reclaim, so that Egg can verify. Egg no longer offers more than token resistance, so legalese is irrelevant. If you must follow a template letter, try adapting the following example. It will do no harm and would probably save time if you say you are a member of CAG, so they know you know they know you know.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/586-credit-store-card-letter.html

 

Once Egg verified your claim is numerically correct, they will send you a computerised template letter or secure message saying the OFT approved of their charge reduced from £20 to £16. Only at this point do you need the winning template letter from January 2008 which you have already been shown. This demolishes the Egg position and they normally come quietly. Using that letter no claimant that I know of has been refused and forced to go to court, score line 101 to 1, and that 1 was a PPI reclaim defeat.

 

Good luck.

[papadak]

Hi guys, .... an update:

 

I've had contact from Eggs lawyers. After serving me with a Tomlin order with a derisory offer ((less than 10% of what has been claimed) I rejected that and requested the full amount of charges + int + court fee.

 

Well i received a letter just before Xmas from their laywers saying the following:

 

" we write further to our recent letter on ... which contained an offer to settle. This offer has now expired. As you are aware our clients (egg) would like to try & resolve this matter without the need to embark on potentially costly litigation for both parties. We have therefore been instructed in this particular matter to make a revised offer, on the same terms as the previous offer for the sum of ... (approx half my required total, including court fee)

 

The increased offer is made based on your claim and is in full and final settlement of this matter and indeed for all claims, rights, action and causes of action (including claims for interest and costs) either party may have had against the other arising out of or in connection with any issue pleaded in that claim. The revised offer represents a full refund of the default charges as validated by egg, plus interest at 8%

 

The offer will remain open for acceptance for 14 days and will automatically withdrawn after that. Should you choose to accept this offer or not we would be grateful if you could notify us in writing asap. In the event that this offer is not accepted please be advised that we will be taking our clients instructions to defend this claim."

 

So does this claim have any more legs for me seeing that I am approx 50% towards my desired and court claim figure.

 

Your thoughts please ...

 

ThanK You

[steven4064]

Changing their bargaining position is a bad negotiating move - it means they know they have had it

[papadak]

Changing their bargaining position is a bad negotiating move - it means they know they have had it

 

so it's not unreasonable to hold out for the full amount now?

[papadak]

so it's not unreasonable to hold out for the full amount now?

 

 

Well holding out was worthwhile ... GOOD NEWS!!! .... I've received a FULL refund + interest + court fee. One happy bunny. The moral of the story is to refuse all offers and stand firm for what you claim.

Edited January 11, 2009 by papadak
spelling error

[steven4064]

The moral of the story is to refuse all offers and stand firm for what you claim.

Absolutely. I don't like to say 'I told you so' but I told you so

 

Well Done and congratulations

 

 

 

I'll change your title to WON

[papadak]

Absolutely. I don't like to say 'I told you so' but I told you so

 

Well Done and congratulations

 

 

 

I'll change your title to WON

 

 

Many thanks for all your support, greatly appreciated!!

[steven4064]

Many thanks for all your support, greatly appreciated!!

It's what we are here for