EGG - Won't pay back charges

[kate999]

Egg are saying they won't pay back charges on a closed account as they are older than 6 years. I know there is an issue over statements older than 6 years, but we have evidence proving the charges. I have claimed back charges on several other cards that are closed and older with no problems - any advise with this one please? Thanks

[kate999]

Can anyone please help?? Thank you!

[kate999]

Anyone???

[slick132]

Hi Kate - looking in as asked.

 

Do you have your old statements that show all the penalty charges.

 

You are not likely to get any statements from them beyond 6 years if you don't have them yourself.

 

If you have the data, you need to put it on a spreadsheet, claim compound interest at the a/c's contractual rate and send off a Prelim Claim Letter.

 

They won't repay charges over 6 years voluntarily. They'll wait to see if you're serious about this, which you'll prove by:-

 

1. Getting your SOC right and claiming compound interest.

 

2. Sticking to your time schedule for letters, etc.

 

3. Filing your claim at your local County Court as soon as the LBA deadline expires.

 

[kate999]

Thanks Slick!

Brilliant -

I have already gone through the majority of the process - have all the statements and evidence of charges. Sent off spread sheet with contractual interest. That's when I got their letter advising they won't pay further than 6 years.

So I am assuming the next step is to send them a LBA? When composing this shall I say legally they are obliged to pay back charges and it doesn't matter that they are older than 6 years? Then advise them I will start court proceedings if they do not comply?

Thanks as always

KX

[slick132]

Hi Kate,

 

Send them your LBA.

 

Include a paragraph to say:-

 

I note your refusal to repay any charges beyond 6 years, as per the Limitation Act 1980. However I shall rely upon s.32 (1) © of the Act, on the basis of payment made in error.

 

Edited May 10, 2011 by slick132
corrected my mistake

[kate999]

Ok - haven't got anywhere with this one!

Had a PPI reclaim that FOS have found in favour of but till haven't had the payout. I stupidly should of included my charges claim with them at the same time. I asked if the they would look at this too, but advised I would have to start a new complaint or take them to court.

I think I will just go down the court route......

As I am only now at court stage with some of my claims, it is all a bit new to me. Does anyone know of any example threads out there or any POC we have around for reclaiming credit card charges?

KX

[kate999]

On one of my other thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?262473-How-far-back-can-I-claim-for-credit-card-charges&highlight=

dx advised that I couldn't 100% rely on limitations act as it only covers PPI?.

Can someone advise me if this is true as I am confused as that is the base of my argument as per slicks post.

KX

[slick132]

Hi Kate,

 

If you follow the links in the Stickies for each credit bard (or bank) forum, you should find dedicated POC's for each card.

 

There is one, for instance, in the BC forum that's for BC credit card claims.

 

If your claim for penalty charges includes some that are older than 6 years, you will rely on s.32(1c) Limitation Act 1980. The case law to back this is Kleinwort Benson v Lincoln.

 

8-)

Edited May 10, 2011 by slick132
corrected my error re s32.1(c)

[kate999]

Ok - I have uploaded a copy of my POC - as it is my 1st one I have done can someone just check it is ok for me.

Thank you!

KX

[MARTIN3030]

looking now

[MARTIN3030]

Not bad at all,but needs some fine tuning,which I will do for you.

[kate999]

Ok here is the up-date with this one, and some advise would be great.

 

Forms were sent off - then received a letter from their solicitor advising they were acting on behalf of Egg, and they would be defending part of their claim.

I then received an offer from their solicitor advising that they would pay back the charges inc 8% and a Tomlin order to sign.

2 Days later I then receive a copy of their defence - denying all points on the particular of claims and basically saying that the costs are a fair estimate. Their defence is 6 pages, if it would be helpful to post it up or if I am allowed due to the Tomlin order (not signed yet) I will.

 

Not sure where to go with this - Shall I accept their offer? The charges weren't for a huge amount, but with the CI and 8% it did add up to a few hundred. As they are not paying CI I am going to loose quite a bit. Shall I quit while I am ahead, as I don't want to get out of my depth.

 

All help appreciated as always

KX

[slick132]

Hi Kate,

 

In my view, the sol'rs are just trying to scare you into submission.

 

I would reply saying something like:-

 

Dear sir or madam,

 

I refer to your letter of xxdate and confirm that I will not accept your offer to pay only 8% interest and will continue with my claim seeking:-

 

1. Repayment of charges older than 6 years (Kleinwort Benson -v- Lincoln City Council).

 

2. Interest in restitution, compounded (Sempra Metals -v- Inland Revenue Commissioners).

 

I hope, on reflection, that you will agree to settle as per my Schedule of Charges plus further interest to date, thereby avoiding further costs and use of the court's time. Otherwise I am happy to let my claim run it's course in court.

 

Yours faithfully,

 

Ultimately it is, of course, your decision as you are the one who will have to continue negotiating. You may even have to argue your case in court on the day, although this is unlikely from claims I've seen.

 

Stand firm and we'll continue to support you. 8-)

[MARTIN3030]

Kate stick with it.

Can you please let us know who is defending and also if there is possibility to copy the defence and send to site team via the report triangle.

[kate999]

Thanks for the reply guys - to be honest before I read your responses I had decided to accept their offer - for the reasons slick had said - been scared into submission!!!

When it comes to PPI claims I am a little more confident, but fighting charges my knowledge is a little more limited.

If my refusal to accept their offer and continue will help other Caggers then I will continue, as I don't want the banks to think every-time they get get heavy the little people will crumble.

If it did go to court I am not sure where to start with the defense, but if I know I have your support and can argue my case then I will do so.

 

Slick - thanks for the template - will write it up tonight.

Martin - will pm you

 

KX

[kate999]

Martin, your in box is full again, so sent it to the email add you gave me a while back.

KX

[MARTIN3030]

ah ok no problems.

[MARTIN3030]

So have replied with my thoughts.

[kate999]

Thanks for the advice on the PM Martin, considered what you have said and I will send a reply to them advising that I will not accept their offer but will reduce the CI by 50%.

As you said it would show the courts that I am being reasonable - means another 200 pounds, not a lot for them but it is to me.

Will keep you updated!

KX

[ims21]

Hi Kate

 

Just noticed this one.

 

I'm going all the way with my charges claim....you know you will get plenty of help and support from here and I am certainly backing you on this.

 

From what I've read around the site I think they are just trying to scare you off and you will probably find they settle in full before having to go into court.

 

Good on you

 

ims

[kate999]

Thanks Ims - where are you up to with yours - are Egg res using to pay back your charges too? Will have a look at your threads.

KX

[kate999]

Evening Martin,

I have emailed you the defense that the sols have sent me as requested. Let me know what you think.

Thanks

Kate

[MARTIN3030]

Ah ok

TA.

[kate999]

Martin, did you manage to have a look at the defence docs? Wanted to get my reply off today so just wondered if you had any thoughts?

Cheers