EGG Defaulting on closed Account!

[Cmdenny]

Hi Guys, I have had all sorts of battles with Egg in the past - they refused to pay the stolen money when my card was cloned, eventually I got this and a £300 "apology" after I got the BBC Working Lunch involved. I also claimed back fees of £900 from them.

 

Now I today checked my credit rating as I have been declined for a few things over the last few years that has cost me money from not being able consolidate debts, and recently from not being able to open a business account with good terms (free banking).

 

Egg have been putting default notices to Experian in the last 17months, even though the account has been paid off and closed during this time!

 

What recompense have I got? Can I ask for the compensation of what their mistake has cost me? What legal standing am I?

 

Please help!

[zootscoot]

If they are processing inaccurate data you can apply to the court for the data to be rectified under s.14 of the Data Protection Act. You can apply for compensation for any damage or distress caused by this under s.13.

 

Write to them and detail your complaint and state that if you do not get a satisfactory response you will take court action after 28 days.

 

All the best

 

Zoot

[Cmdenny]

Thanks ever so much. I will write to them forthwith.

[Cmdenny]

Hi - I wrote to them on the 8th Oct and they haven't responded beyond a letter saying "sorry for no response in 4 weeks"!

 

I am taking small claims action as of Friday.

 

Can anyone please advise me of what legal words to put in the Moneyclaim form?

 

Thanks :o

[Hopeful1]

The behaviour of some of these companies is despicable. If you still need some help with this, PM 1 of the site helpers or mods for further help. .

 

Good luck with this

[MARTIN3030]

I have a similar claim ongoing against RBS.

First of all I wrote to the CRA asking them to remove it.I was informed that they would do it if RBS agreed.

RBS refused.

The Court said they would only accept my claim if I could show that a section 10 notice had been issued to RBS. I then sent the S10.

The Court then accepted my claim which was on an N1 and filed in small claims.Insofar as the compensation goes,I had to fill out the last box "I do not know the total amount claimed but it is under £5000 "

Compensation is at the discretion of the court.

The level of this depends on your ability to clearly show how you were defamed in both financial terms and in physical terms.

In my own case the court demanded that I provide everything (in the form of a witness statement ) and then the defence was ordered to repond.

The case is still ongoing.

[Cmdenny]

Thanks Martin.

 

I have written to Egg on three occasions (recorded delivery) - would this serve as a equivalent Section 10?

 

If I have to send a section 10 - can you please let me know where to get the text?

 

Also the actual financial cost they have caused that I can prove is zero. I have been declined for 4 bank applications 2 of them business accounts.

 

In the past having a bad credit rating cost me thousands as I had a 5 figure debt that I couldn't consolidate. At the time this was due to incorrect default from HSBC, they paid me £50 compensation and removed the default promptly, and I let it go.

 

I can't prove that Egg at the time had an incorrect default against me, the Experian report indicates that they havent.

 

What I am seeking is small compensation for the stress, time and hassle wasted. Also I actually want the default removed. Its on a closed account for christ sake. An account that Egg themselves closed when I claimed back my fees from them.

[MARTIN3030]

Hi,

 

My understanding was that the Judge specifically said s10 yes.

In fact I submitted my claim and it was lodged ok.

When it went up to the Judge it was returned to me.

Not only did he want to see I had sent it,he also wanted to see a copy of RBS reply to it.

I sent RBS reply.They are allowed 7 days to respond.

Unfortunately I cannot find the S10 temp on the site it used to be in the bank temp letters forum but has obv been moved.I have pulled a copy from my docs and post it here.Send recorded to their data controller.

 

As regards the points of proving financial loss or deprivation,this is probably the hardest part.

In my case I submitted info that the banks themselves issue basically they say clearly that defaults or adverse credit info that they will supply will seriously affect your ability to get future credit or mortgages,so by their own words they say this.

If you can reconcile a list of credit searches from your credit files that show searches were made but that you were not favoured by them,this can also help.

Inso far as stress is concerned,if the creditor had any dcas on the case then you can show letters from these,its not difficult to show that these would cause worry for most people.

Judges are not stupid and will know,just find as much as you can.

The level of compensation will be based significantly on the length of time the info has been on the files.

Records of credit searches are not held on file for long.

You can only say that It certainly did not make it easy for you to obtain credit.

 

 

 

address

date

 

Notice pursuant to s.10 of The Data Protection Act 1998.

 

 

Re: account no.

Account holder.

Address.

Whereas I have been a customer of **insert name** from to and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

signed

 

 

date

 

 

 

Just go through this and add the full stops / breaks.

It looks a mess because I have removed bits of my info from there,but you can see the crux of the wording.

If you need further help dont be afraid to holla out.

[shane5408]

Hiya,

 

Just thought I'd add this as it may be applicable. If the default included any penalty charges then the 'sum due' it stated to remedy the breach is inaccurate, as such you can use precedent set in Woodchester Lease Management Services Ltd v Swain and Co to have the default voided and subsequently removed.

 

kind regards,

shane

[MARTIN3030]

Thank you Shane.Good info.

[Cmdenny]

Thanks for all your Help Guys. I am now ready to raise a claim on Moneyclaim - Can anyone please suggest the text?

 

I will keep you all posted. I am also going to speak to BBC Working Lunch to see if they would like to follow the case when I have raised the claim.

[Mistermind]

Not sure if your priority is getting Default Notice removed, or claiming compensation for proveable damage resulting from your DN.

 

Either way I do not believe it is as simple as filling in a Moneyclaim form. With the OFT Test Case hearing due on 14th January 2008, there is also the risk that any action submitted through the court system could be stayed. My understanding from reading various threads is that regardless of the fact that you claim against a credit card and not a bank, regardless of what the OFT, FOS, and FSA say, if your local court chooses to stay your case, your case tends to remain stayed. In which contingency if the Test Case and subsequent possible Appeal goes on for another year, your action will be stopped for a year. Once you have initiated action through one channel, which then becomes stalled, Egg has the perfect excuse for refusing to respond to any initiative via a second channel.

 

On the subject of Default Notice removal, I suggest you PM the two experts below who have gone through the same trauma against Egg, both links stored in the V-E Day thread index:

 

54 weeks - 23 APR 2007 - in court: DN, PPI ongoing - Angry Cat v Egg

 

80 weeks - 21 SEP 2007 - Yasmin - Default Notice removed by court - http://www.consumeractiongroup.c o.uk/forum/show-post/post-1142455.html

 

Whereas Egg repays charges and interest easily, they always dig in against DN removal demands. I understand that after wrestling with Egg for one year, Angry Cat reached a stalemate, with Egg harassment stopped but no DN removal. Yasmin pursued Egg through goodness knows how many formed filled in and hearings attended. Finally an equally exhausted Egg gave in after 18 months. Egg did not attend that final hearing, but reading between the lines had that hearing proved not to be final, Yasmin was ready to throw in the towel.

 

Tom Brennan sued NatWest for compensation over distress caused by damage to his credit rating, but he forgot to prepare evidence to prove same, and the judge dismissed that particular claim.

 

You could weigh the cost in time and aggro involved in another protracted wrangle. If you could outflank Egg by rallying public opinion via BBC Working Lunch, persuading Egg that discretion is the better part of valour, that could shorten the process -- going for the alternative court of public opiinion.

 

Good luck whatever you do.

[Cmdenny]

It should be an open and shut case tho - because the default black marks are put on in error. The account has been **** for 2/3 years so there is no current defaulting!

Surely as this isn't a claim against bank charges then the Small Claims Court shouldn't put it on hold?

 

I will PM the other 2 threads but if anyone has any idea of text for N1/Money Claim I would be very grateful.

 

Cheers

[steven4064]

Hi Chris

 

I think the outline of what you need to do is given in Martins two posts (#6 and #8) above.

 

Have you sent a s10 notice?

[Cmdenny]

HI - I have sent an S10 - no reply.

 

If anyone can supply the text for an N1 I will start the claim ASAP. The claim is for damages caused by having my credit rating damaged by their error, and also to get them to remove the default they placed in error.

 

Steven4064 - the text earlier on the thread is for the S10 not the N1 which I require.

 

Hopefully a kindly soul can put a suggested text for the N1 form on the forum. Thanks

[steven4064]

Steven4064 - the text earlier on the thread is for the S10 not the N1 which I require.

I knonw, I was just checking you had sent it. I will look at some text later (unless someone beats me to it) - I haven't got time ATM.

[Cmdenny]

Thanks mate - if you could help I would be ever so grateful. Cheers Chris

[steven4064]

Here is a draft POC based on what you and others have posted above:

Particulars of Claim

 

1. The claimant had an account (“the Account”) with the defendant from around date until the Account was fully paid up and closed on date.

 

2. Since the Account was closed, the defendant has placed and continues to place default markers against the claimant’s credit file with credit reference agencies including but not limited to Experian. The data supplied to the credit agencies is erroneous as the Account is closed.

 

3. The defendant in its own literature says clearly that defaults or adverse credit information that they will supply will seriously affect a debtor’s ability to get future credit or mortgages, “insert quote if you can find one”

 

4. The claimant has suffered distress and damage in the form of financial loss and deprivation as a result of the defamation in financial terms caused by the erroneous default markers placed against the claimant’s credit file, including but not limited to:

i) being declined credit for purchases

ii) not being able consolidate debts and consequently having to pay higher repayments on loans

iii) not being able to open a business account with good terms (free banking)

 

5. The claimant sent the defendant a notice pursuant to s10 of The Data Protection Act 1998 on date to cease from processing of data relating to the claimant within 7 days of the receipt by the defendant of the notice. The defendant failed to comply with this notice.

 

6 Consequently the claimant requests and claims

i) an order from the court pursuant to s14 of the Data Protection Act 1998 requiring the defendant to correct and rectify erroneous data supplied to credit reference agencies including but not limited to Experian, including the removal of default markers;

ii) damages pursuant to s13 of the Data Protection Act 1998 at the discretion of the court.

iii) court costs

Anyone else like to add anything?

[steven4064]

And corresponding brief POC

The claimant had an account with the defendant from around date until date. Since the Account was closed, the defendant has placed and continues to place erroneous default markers against the claimant’s credit file with credit reference agencies, which acts have caused the claimant distress and damage in the form of financial loss and deprivation.

Consequently the claimant requests and claims

i) an order from the court pursuant to s14 of the Data Protection Act 1998 requiring the defendant to correct and rectify erroneous data supplied to credit reference agencies including but not limited to Experian, including the removal of default markers;

ii) damages pursuant to s13 of the Data Protection Act 1998 at the discretion of the court.

iii) court costs

[Mistermind]

Hi Guys, I have had all sorts of battles with Egg in the past - they refused to pay the stolen money when my card was cloned, eventually I got this and a £300 "apology" after I got the BBC Working Lunch involved. I also claimed back fees of £900 from them.

 

Now I today checked my credit rating as I have been declined for a few things over the last few years that has cost me money from not being able consolidate debts, and recently from not being able to open a business account with good terms (free banking).

 

Egg have been putting default notices to Experian in the last 17months, even though the account has been paid off and closed during this time!

 

What recompense have I got? Can I ask for the compensation of what their mistake has cost me? What legal standing am I?

 

Please help!

 

Chronology of events

 

It may help if there is dated evidence to show that Egg issued a DN after the account was closed -- with debit balance owing or not?

 

But if info was volunteered that you were declined credit "over the last few years" (i.e. before Egg applied DN from 17 months ago) you would weaken your own claim for damages from Egg.

[steven4064]

Chronology of events

 

It may help if there is dated evidence to show that Egg issued a DN after the account was closed -- with debit balance owing or not?

Several things in the PoC are going to require eveidence when (if) it comes to producing a court bundle. Written evidence is not strictly necessary at the PoC stage although it might help if Egg know you have it as it might make them see sense now rather than when they have spent a lot of money on solicitors.

[Cmdenny]

Hi - The account has been closed longer than 17 months and I have an Experian report stating that a default has been placed in the last 3 months.

 

Whats a "POC"?

 

I am hoping that Egg will see they have made a blatant error and immediately concede. I have spend 8 weeks writting letters to them with no joy and know they wont do anything until they get the legal papers. Also I want a bit of compensation as the process has been a nightmare and I have suffered knock backs for opening a business account.

 

If anyone has any text for an N1 that would be great. I presume from what everyone says that I can't do Moneyclaim due to OFT actions, even though this case doesn't relate to this?

[Mistermind]

Particulars Of Claim, for glossary see All-in-one links, abbreviations, acronyms, terms

 

Yasmin did a vast amount of homework, and after 18 months of continuous legal action wrestled Egg into submission, i.e. DN removal without compensation. That is why I am not optimistic about your initiative.

[Cmdenny]

Hi Mistermind - I see them as totally in the wrong. Unlike Yasmin I don't have a "valid" Default due to missed payment (I think is Yasmins case due to penalty charges.). My Default is placed by Egg PURELY in error! NO Default has been made not COULD have been made. The account is Closed and they have placed a default in the last months for missed payment.

 

As such I would say I have a good chance.

 

Can anyone please suggest the text for the Money Claim/N1 ?

 

Thanks

C.

[steven4064]

Can anyone please suggest the text for the Money Claim/N1

THe POC I posted above is the text for the N1 (as I pointed out you can't use Maneyclaim as your claim is not for money).

 

If you look on the N1 form there are various sections.

 

Page 1

Claimant - your name and address (don't forget postcode)

 

Defendant - Egg (Head office address with postcode- alos copy into bow at foot of page 1)

 

Brief particulars of claim - I gave text for that in my second post above.

 

Value - write "I expect to receive not more than £5000"

 

Amount claimed, court fee, etc - leave blank

 

Page 2

Human rights Act - tick 'no'

 

Particulars of claim - that's where the stuff from the first post above goes. Either put it in there or write "attached" and attach on a seperate sheet of papaer.