!!!!!!!!!!!!!! Help !!!!!!!!!!!!!

[giveitbacktome!]

Hi, I've been reading a lot of posts over the past few days and have begun with some of my creditors. However, I think I might be confusing myself too much, the minute im unsure of something i keep opening new threads - SORRY MODS!!!! I would be very gratful if someone could please answer the following questions so I can crack on and GET MY MONEY BACK!!!!

 

1) From the library - if I am writing to a credit/store card company do I have to use the credit/store card template, or can I just use the standard pre-lim letter?

2) If it gets to the point with a creditor where it is going to court (i'm aware it hasn't happened yet), but would I actually have to go to the court, if so can i choose my local court?????? If I did go to court would I stand a chance against says EGG's legal buddies with me on my own???

3) At what point do I have to pay the £130 for moneyclaim.gov.uk?????

4) I've had my statements through from EGG and they owe me £760, however I am really worried that my currently active credit card will be stopped and my credit rating will be further impaired, also they are going to put up a massive fight

5) Also in relation to EGG, not only do I want to reclaim back my £760, there must be over £500 in payment protection charges added since I opened my account of which I dont remember saying I wanted in the first place, do i include this in my first pre-lim letter to them as well?? for example below:

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What I require

After going through my statements which you recently sent me, I calculate that since I opened my account with you in 2003 you have charged me £760 in late payment fees and over limit charges. As well as this, I calculate that since I opened my account with you, you have charged me xxxx in payment protection, of which I dont remember agreeing to take out in the first place

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If someone could answer these questions I would be so so gratful!!!!!

 

thanks

[jimfishybob]

Hi,

 

1/ You can use either but just edit it to male it relevant to you and your individual circumstances, double and triple check it before you send it though or else you'll make yourself look like a div!

 

2/ Not sure I understand the question, "If I have to go to court do I have to go to court?". I suppose not, somebody can act on your behalf but if your date came and went without you being represented the bank would win by default. The case will automatically be assigned to your local court although the bank can request a transfer,(not neccessarily successfully). YES. You will win. Firstly, how much do you think EGGs legal buddies cost them? Secondly, you are right, they are wrong.

 

3/ I assume your claim is for over £1500. If so you would pay this when filing your claim with the local court or when completing your moneyclaim submission.

 

4/ Egg cannot enter negative info on your credit file for you pursuing your legal rights and asking them to fulfill your legal obligations. I've not heard of a credit card co. withdrawing services but were this to happen BF and friends have it covered.

 

5/ I would treat the payment protection as a seperate issue. Send another letter asking them for a copy of your original, signed agreement and include something like:-

 

You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxx xxxxxx

 

If they can't provide you with a copy of this whereby you've signed and agreed to payment protection insurance, then we'll take it from there.

 

Hope this helps.

 

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