***Urgent*** Egg Credit Card Charges Advice Required!!

[richardostreet]

Good Morning,

I was wondering if anyone off the forums could please advise me on what steps I should take next?!!

Firstly let me bring you up to speed...

Between November 2006 and July 2008 I had a number of charges on my Egg Credit Card for going over my overdraft limit.

I wrote to egg requesting my statements

I totalled and calculated including interest a repayment in excess of £300

I wrote on the standard templates requesting repayment.

Egg wrote back saying "changed our charges from £20 down to £16 and go winge to the ombudsman.

I next sent an email saying:

"Thankyou for your letter dated 22nd April regarding my request for repayment of charges.

 

I have great respect for Eggs Genuine Pre-estimate of £20, great respect for Egg's Genuine Pre-estimate of £16 and great respect for all future Genuine Pre-estimates that Egg provide.

 

As a former cardholder I cannot help wondering, if after many years in business Egg has ever tried to reconcile Pre-estimates against Post-event audits. I am confident that a company devoted to justice and truth like Egg will not withhold evidence from the cardholder, that Egg will present evidence in court to show after-the-event costs, as well as before-the-event Genuine Pre-estimates. Therefore I intend to file a claim for the charges against my account in the sum of £302.18 inlcuding Interest, my original £10 for disclosure of information and any court fees.

If i do not hear back from you within 15 days, I will be claiming through HMCS Money Claim Online."

After sending this email... they replyed with the following:

URL: http://www.pdfhost.net/index.php?Action=Download&File=47eac3bb25caa2bae5ced99ec1f60f35

I am a little lost and out of my depth and was wondering if anyone could advise me on my next steps in trying to reclaim these charges!!

All information is greatly appreciated!!

Regards,

Richard

[Mistermind]

Your situation is similar, but better than http://www.consumeractiongroup.co.uk/forum/showthread.php?270642-Egg-Money-card-charges-reclaim

 

Egg used to discourage claimants by saying NO and indulging in brinkmanship, but always paid before court.

They used to be far more obliging in 2007/2008, but since then they have fallen on hard times and now play hard ball more.

 

They are calling your bluff, but you could also call their bluff. The N1 will not cost much, and on the eve of a court hearing Egg have to decide whether they want to risk facing the Small Claims judge and a claimant who very reasonably makes an embarassing demand for disclosure of Egg actual accounts after the event instead of "genuine pre-estimates" presented to the OFT as justification for £16 penalty charge.

 

It is up to you to run your own case as you choose, weighing pros against cons. You may have no appetite for attending court, but Egg will have even less. For this reason a convincing display of resolution for battle may end up with no battle.

[richardostreet]

Righty.... I have now lodged my claim with Money Claim Online asking for all my dollar back!!

 

I will keep you informed of what happens next!! Thanks for the advice!

 

Richard

[Mistermind]

After 4 years of CAG existence, beyond doubt Egg management also read postings in this forum.

So, best not to let Egg read your ultimate intentions when this case gets close to court.

Good luck.

[lhmcr1]

I have posted in my own thread that I have sent the Pre-Post event etc... mail and I am waiting for a response. I take it, Mistermind, that when you say the situation above is better than mine, you meant that the FOS are not involved and have agreed with Egg?

[dx100uk]

you need to do the same

 

mcol!

 

dx

[Mistermind]

Your situation is better than the other guy.

Egg would be encouraged by the FOS decision there to dig in and refuse refund.

 

The judiciary court is not bound by the decision made by FOS the executive branch, but a pound to a penny Egg will try to milk it in court. This situation will not arise in your case, but even here Egg might try to milk a cow not in court.

 

A decision by the court overriding FOS's explicit decision could be interpreted as a slap in FOS's face, and a Small Claims Court judge (often a senior barrister) may shy away from that. In such a court fight the claimant will need to be very articulate indeed.

[lhmcr1]

I certainly know that Egg will be encouraged by the FOS decision with regards to my case, but I take it they are going off the pre-event audit and have not seen or do not wish to see the post-event audits, anyway, I will not keep barging in on another members thread but I would ask: If my case did get as far as a judge and I asked for the audits, can Egg legally refuse to provide these in a court?

[Mistermind]

If my case did get as far as a judge and I asked for the audits, can Egg legally refuse to provide these in a court?

 

Decision to order full disclosure is up to the judge. If that happens I believe the thousand-pound-per-day Egg barrister will instantly offer full refund, and the claimant must accept, end of case fullstop. Egg will have no appetite for this expensive score-draw outcome, but may be tempted to try if the other side looks irresolute.

 

Small Claims Court is constituted to redistribute money up to £5K, not to fight out legal principles and establish precedents after an offer of full refund, that is for higher courts.

[richardostreet]

Hmmm... well makes for interesting read... we will have to watch this space... I dont really want it to go to court but Im not going to back down... I will happily go to court on this one if i must...rather stupidly I forgot that one of my best friends is a law student at Aberdeen and is rather excited by what I am up to and is researching just in case it does go all the way

 

Its not even that much money its just the bloody point!! The charges are unjustly high and have cost me £100's.

 

Thank you all for you advice and on going support!!

[richardostreet]

Righty... I have had a letter from Eggs lawyers saying they are going to defend part of the claim... what is my next step?? back to money claim and request a judgement? This is the first time I have been in this position and im after some advice!!

 

Any and all advice is welcomed!!

 

Thanks in advance!!

[Mistermind]

What claims are being made? What part do Egg lawyers say they are going to defend?

This is your case to proceed as you choose and as you are able, if proceed you wish.

 

Why on earth would Egg lawyers back down, from what they can already sense?

[Liquizen]

Hi everyone.

I am in the same boat.

Just taken on Egg with MCOL. The claim was served a couple of days ago, and have already recieved a letter from Shoosmiths, EGG's solicitor , saying that the OFT conversed with 8 companies including EGG and that their £16 charges have been upheld and are considered fair.

They said that of the charges I am claiming, only two are for £20 so they will refund the difference to £16 plus 8% interest. So I would get what £12, some few hundred under what I am claiming.

 

Have just spoken with their solicitor about it, and said I would carry on the proceedings, and they asked me if I wanted to put in a counter offer. I said yes "The full amount I am claiming". He is going to speak with egg and comeback to me with a response.

Hope they back down and cough up the full amount. I will continue with it if they dont. Just dont want the hassle really.

 

Anyone else got to this point???

 

Rgds

Neil

[Mistermind]

Anyone else got to this point???

 

Rgds

Neil

 

Many - with eventual success, but Egg have taken their brinksmanship to the eve of court hearing in the past. They want you to think there will be hassle, but not if they know you know they know you know the score. See:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?53376-V-E-Day-Victory-over-Egg

Edited September 22, 2010 by Mistermind

[joncow75]

Hi Richard, have you got any further with Egg? I've just noticed a number of my charges start in 2005, so want to get an idea of how people are doing in MCOL against Egg before I file, with the possibility of the 6yrs expiring on them (and they are all £20 charges from then). Many thanks