kateandpete v Egg**WON WITHOUT CONFIDENTIALITY**

[kateandpete]

After trawling through my statements I have my preliminary letter ready to send for £367.84. I also paid off my card today and have asked for the account to be closed to try and remove as much ammo from Egg as possible. Here goes!

[angry cat]

Good Luck

AC

[kateandpete]

Thanks AC, not heard anything from Egg so LBA gone today!

[kateandpete]

So, after sending my LBA I got a lovely letter from Egg stating that they feel charges are fair, the stuff about direct debits etc. Pretty standard really. They did include all of the counterclaim threats which don't apply as my account is closed. Anyway, I've just penned the following in response. Please give me any thoughts.

 

Re: Request for repayment of charges – Account number: XXXX XXXX XXXX XXXX

 

 

Dear Ms Clayton,

 

I write in response to your letter dated 17th October 2006. I must confess to being confused by the inclusion of points 4-6. I quote:

 

 

 

4. We should also point out that it is Egg's policy to terminate the account

of any customer where, in Egg's view, the bank/customer relationship

has irretrievably broken down, for example, where a customer issues

legal proceedings against Egg on the basis of a disagreement over

Egg's standard terms and conditions. If you do wish to take this matter

further then we suggest you consider seeking independent legal advice.

 

5. Where a customer's account has been terminated, the customer is

obliged to repay all outstanding amounts due and owing to Egg within

30 days. Where amounts remain outstanding beyond this period, Egg

will consider taking legal proceedings for repayment of the outstanding

sums. Where the termination is done by reason of the customer issuing

legal proceedings against Egg such legal proceedings are likely to take

the form of a counterclaim. Any adverse result to the customer under

legal proceedings to recover moneys owed will ultimately lead to a

county court judgement being registered against the customer (which

could affect future credit status).

 

6. If you have any concerns relating to information held about you by a

Credit Reference Agency you should contact the agency directly. Egg

uses the following agencies:

a) Equifax (Equifax File Advice Centre,PO Box1140, Bradford,BD1

5US)

b) Experian(PO Box 8000, Nottingham,NG1 5EX)

c) Call Credit (1 ParkLane, Leeds, LS3 1EP).

As I have already closed my Egg account threats to force me to close it and pay any outstanding amount are misplaced. I am also in possession of a recent credit report confirming no adverse data. I realise that it is not possible now the account is settled and closed for Egg to alter this. I would have hoped you were also aware of my account status at the time of sending this letter.

 

I feel that the only reason for you to include these misleading points can be an attempt to intimidate in order to scare litigants in person from raising a case against Egg. I am sure you are aware of recent banking code advice warning members to consider carefully the fairness of closing accounts in response to such cases.

 

I have, this week, sent you a letter before action to notify you of my intent to file proceedings against Egg should I not receive a full refund. Please refer to this letter for information regarding time scales. Please understand that in the event no such refund is received I will, of course also be claiming court fees and the 8% statutory rate of interest.

 

 

Yours sincerely,

 

kateandpete

I suspect this is paranoia, but there really is nothing they can do to my credit record at this stage is there? The other half of kateandpete is already struggling to get one unfair default removed, I really don't want to end up with one to call my own!

[kateandpete]

So, after receiving a reply offering to reduce the charges to the new level of £16 retrospectively, and assertions that the charges are a 'genuine pre-estimate of loss' rather than a penalty, I have today sent the following:

 

Account Number: XXXX XXXX XXXX XXXX

 

 

Dear Ms Clayton,

 

I am writing in reply to your letter dated 23rd October 2006.

 

I am aware that Egg is entitled to charge a fee to cover any losses incurred as a direct result of any breaches of contract by myself.

 

I will give you a further 14 days to either:

 

1. Provide a full breakdown of Egg's costs in order to convince me of the lawfulness of charges applied to my account. If you demonstrate to me clearly that £16 is an accurate reflection of costs directly incurred as a result of my breaches of contract I will accept your offer of £64.

 

Or

 

2. Repay me the full amount of £XXX.XX

 

If you do not comply with either of these options fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

 

Yours sincerely,

 

 

 

kateandpete

 

 

[Nick SPX]

Good Luck !

 

Sounds like you are headed down the right track. I'm yet to see any 'evidence' of charges from egg. We all know that it is a computer that applies all these charges................

[kateandpete]

Well, they sent a smug reply. So N1 is prepared and off to court in the morning. The clerk is going to have something to do as I've also got a DPA N1 for Ikano to be filed aswell!

 

By the way, Natwest have cottoned on to the OFT misquoting thing and sent me a cheque for this difference between £12 and their old fee. Needless to say, I sent it back with a sarcastic letter.

[fe_dup_1]

I have also had these letters from Egg. What a load of cobblers!!! The latest is the one offering me £76 GOGW. I am claiming approx the same amount as you (£380).

 

If you don't mind I will use some parts of your letters in my reply to Egg.

 

Thanks

[kateandpete]

More fun folks! N1 has been issued - deemed served on 24th. They have until 8th December to acknowledge.

[kateandpete]

I'm afraid this is going to be quite a long post......

....in late December I received the following offer from egg:

This letter is about resolving your dispute.

Dear kateandpete

kateandpete v Egg Banking plc

Claim No. XXXXXXXX

I refer to the above claims in the Warrington 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.

Notwithstanding our view, in the particular circumstances of your case we put

forward the following settlement proposal:

2.

(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

£409.09 in full and final settlement of the proceedings in Warrington

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

actions and causes of action (ieduding 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) £355.58 for charges and interest as detailed in the Claim Form;

(ii) £3.51 for interest from the issue date until 3 January 2006 (45 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.

© The terms of the settlement shall remain confidential between the parties

and their legal advisers save that the same may be disclosed:

(i) To the extent necessary for the purposes of enforcement of

the settlement; and

To any Court, government or other authority to the extent

necessary for compliance with a lawful obligation by the

party disclosing it and to the extent necessary to any

professional adviser to that party in connection with the

giving or receiving of advice in relation to such disclosure.

(ii)

3. The above proposal will remain open for acceptance for 14 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

All good except that on closer examination I noticed that the amount they were offering me did not include all of the interest accumulated, and, of course, I was NOT happy to accept a confidentiality clause.

 

In response I sent the following along with a copy of my AQ (including the draft order for directions):

 

Dear Mr Murphy

 

kateandpete v Egg Banking plc

Claim No: XXXXXXXX in the Warrington County Court

 

I refer to your letter of 19th December 2006 and offer of payment of £409.09.

 

I am only prepared to accept payment in full and final settlement with no attached conditions. I will therefore not be discontinuing my court action at this stage. Should you inform me in writing that Egg is willing to settle this dispute without the inclusion of a confidentiality clause I will, upon receipt of the full sum, end this litigation at the first opportunity. I draw your attention to my attached schedule of charges, as you will see the full amount I require for settlement differs from your offer and is now £456.72.

 

I also wish to inform you that I will be away from 29th December 2006 until 8th January 2007. As you will be aware the court has ordered the allocation questionnaires be returned within this period. For your reference I enclose a copy of my completed allocation questionnaire which I have filed with the court today.

 

I trust this clarifies my position.

 

 

Yours sincerely,

 

 

 

kateandpete

 

Today I received a cheque from Ema clayton for the full amount I was claiming, and a letter from John Murphy WITHOUT the inclusion of any confidentiality clause. Victory at last!

[zootscoot]

CONGRATULATIONS!!!!!!!!!

:D

 

 

Won in true grit CAG style

Enjoy!

 

[countrybake]

fantastic and well done kate & pete for not agreeing to the confidentiality clause, if everyone was to not agree to this they will eventualy not bother using it for our future claimers of which i hope there will be plenty.

yours CB

[kazzaw]

fantastic and well done kate & pete for not agreeing to the confidentiality clause, if everyone was to not agree to this they will eventualy not bother using it for our future claimers of which i hope there will be plenty.

yours CB

 

Just had an offer from Egg for the full amount including interest up to 20th January with no confidentiality clause!!!!!