Hillards v Egg **WON**Charges repaid with Compound Int't**

[hillards]

My wife had an Egg card that was paid off with a consolidation loan in 2006. We know there was PPI on it and are looking to reclaim.

 

She sent a SAR on Feb 27th to the Brierley Hill, West Midlands address but had heard nothing.

 

I keep finding different info. Some suggesting that Egg is now Barclays, which should mean she will get her Egg info back as part of a SAR sent to Barclays, that they've acknowledged but not yet sent. There's also an address in Worthing for Canada Square that has been put forward as the place to send SAR's for Egg.

 

What do we do now ?

[hillards]

Back in 2004 my wife got an Egg card. she used it until early 2006 when the balance was paid off in full and the account closed.

 

We sent a SAR to Egg in February this year, having discovered the account number as part of a previous PPI claim where that SAR detailed what had been paid off. They passed it to Canada Square and the bundle of paperwork arrived today.

 

We have looked through the statements and identified 7 charges at £20.00 each, remember this was before the '£12 limit' arrived.

 

We are about to reclaim these charges from Egg and have created a spreadsheet (interestcalcs.xls) where the amounts and dates are detailed and let it work out the number of days and interest, which I've put as £15.94% for now, the amount of APR they charged at the time.

 

I can't find a thread where anyone has reclaimed before to see what rate of interest was used. I've just done a similar exercise for another account and was advised to use 24.9% as the interest rate. That would make a heck of a difference to the total being claimed, bumping it up from £494 to £934 ...

 

Any advice on what rate to use please ?

 

Also, going back over the paperwork, I cannot find any reference to PPI. They have not supplied the application form, but did send a screen dump of what they had on file. There's no mention of PPI or insurance on the statements either. I guess that means there wasn't any by default ?

[dx100uk]

I doubt you'll get any luck with charges outside of 6yrs

 

without court.

 

shelleys threads are useful.

 

 

dx

[hillards]

Have been having a good read and it seems the first step is to make a claim and see what they say, so we've sent them a nice letter with a spreadsheet

[dx100uk]

like the website ...

 

dx

[hillards]

like the website ...

 

dx

It's been there ages, could do with updating I think... ;-) The view of an individual of course....

[hillards]

Letter from Egg/Canada Square: We are sorry you have had reason to complain... We will write again in four weeks... Blah-di-blah, usual stuff. "Thank you for making us aware of your complaint and for giving us the opportunity to put things right." - lets hope they do NB. @citi.com email address given

[hillards]

5 weeks later - not heard a sausage... Already sent LBA, looks like more court fees to shell out

 

After all the hassle these companies have caused, and being told to pay up, why can't they just do that and stop messing us about ? They always withdraw before physically getting into a court, it seems so silly that they want court fees and costs adding on, plus interest.

[hillards]

They do read these forums...!

 

Letter arrived today, "...6 years ... blah blah... Final Response... FOS..."

 

I'm aware of Kleinwort Benson v Lincoln City Council under section 32 © of the limitation act 1980 and am tempted to take the court route as I already know going the FOS way will take ages and may get us nowhere. We already have a claim in Salford against BC - http://www.consumeractiongroup.co.uk/forum/showthread.php?421662-BC-penalty-charges(1-Viewing)-nbsp for very similar repayment of charges.

[hillards]

Little update, or rather a lack of. Last heard from Canada Square in a letter dated 3rd June in which the said they '...aim to resolve your complaint within eight weeks of receipt...' - but nothing since.

 

Lets see if a post here gives them a little kick in the shins to remind them, as it did last time

[hillards]

Ah - just read back on my own thread, we must have had a letter in late June. They've just responded to tell us that. Can't find it

 

Same outcome though, N1 form being filled in and on it's way to CCMCC Salford shortly.

[hillards]

CCMCC have sent a Notice of Issue and advised that the claim was sent to the defendant on 22nd September. Waiting to see what Canada Square do next

[hillards]

The notice of issue said 'The defendant has until 8 October 2014 to reply.' They are cutting it rather fine !

 

I know, we have to check with the court to see if they've had anything by close of play on the 8th before making a Request for Judgment (spell check says that should be Judgement, but it's how it's spelt on the form). I take it we send the request form straight away, first class, if they've failed to submit a defence in time.

 

From what I'd read about Canada Square Operations being on the ball, I had expected to hear from them by now.

[hillards]

Spoke to the court, no defence received as of today.

 

 

Advised to wait until tomorrow, just in case they send something electronically as that would be accepted.

 

 

Also told that our request for judgement by default would be rejected if they do enter a defence before our paperwork gets entered onto the system,

which takes about 5 days.

 

We used the rate of interest charged on the card account, 15.94%.

 

 

On original charges of £160 that adds £445 in interest, plus £70 court fees,

 

 

so judgement will be requested for £675.

 

 

Paperwork already written out and ready to send

[hillards]

Judgment for Claimant (in default) received from the court

 

Wonder what will happen next ? No defence was entered, Canada Square did not reply to the claim form. I've not seen a case like this, where the court has made an order and the defendant must pay. Yes, it actually says 'must pay' on the form. Best guess is that they will either pay and apply for the entry to be cancelled, or they'll say they didn't get the claim form - which would have been sent to them by the court, not us.

[hillards]

Two weeks after we received the judgment by default and not a peep... Should we start sending threatening letters about sending in the bailiffs ?

 

The judgment said that they must pay 'immediately', so how long do they have before we move on a stage ?

[citizenB]

Hillard, just to let you know that site team are aware - I have marked your S.O.S for andyorch/steampowered to look in when they are online.

[ploddertom]

Two weeks after we received the judgment by default and not a peep... Should we start sending threatening letters about sending in the bailiffs ?

 

The judgment said that they must pay 'immediately', so how long do they have before we move on a stage ?

 

If Judgment is for more than £600 then consider transferring it to the High Court for enforcement - small fee applies - Banks hate facing HCEOs particulalrly when equipment is started to be switched off.

[steampowered]

If you have contact details you can try giving them a prod. Otherwise I'd be tempted to move straight to enforcement ...

[hillards]

Thank you, input most welcome as we have heard nothing. A 7 day warning letter seems the prudent approach.

 

Reading up on the transfer up method, £60 fee to the court and then various companies offer their services, most say 'free', although I note they will charge the debtor their fee.

 

There is a clause: The exception being if it is a judgment arising from a regulated agreement under the Consumer Credit Act. Is this ? I'm not sure.

[citizenB]

Another suggestion if they don't cough up

 

 

Third Party Debt Order ? OP should have all the banking details of the defendant:-D

[hillards]

Another suggestion if they don't cough up

 

Don't know who they bank with though...?

 

Not sure about the high court enforcement as they could argue it's related to a CCA agreement ?

 

I'll have to use 'may' and 'could' in warning the letter I guess

[hillards]

OK, letter drafted. All personal details removed. Does this sound OK ?

========

Canada Square Operations Ltd

Citigroup Centre,

Canada Square,

Canary Wharf,

London

E14 5LB

Re. County Court Claim Number: XYZ123

Orig ref. 1234 5678 9012 3456

On 18 October 2014 the Country Court Money Claims Centre in Salford issued a Judgment for Claimant (in default) against you for £xxx.xx

As of November 13th no payment or correspondence has been received either by myself or the court. I telephoned them to check and to ask what the next step should be.

They advise that I should pass the matter for enforcement by transferring up to the High Court and instructing an enforcement officer (HCEO) to collect the debt. As you are no doubt aware there are additional fees involved in this, not just for me to refer the matter but also those made by the HCEO which would greatly increase the amount owing.

I therefore give no more than 7 calendar days for you to respond before taking this step. Allowing for a weekend plus 2 days for the postal service to deliver this the deadline for receipt here is Tuesday November 25th.

As per the court order, payment should be made directly to myself. I will accept bank transfer by BACS or CHAPS or a cheque for the full amount.

=======

This assumes that the letter will be posted on Friday 14th Nov.

[steampowered]

Looks good to me. I would include a copy of the judgment.

[hillards]

They must have liked my letter

 

Just noticed that they say they sent the letter on the 14th - ours was not posted to them until the 17th

 

I'll advise when the cheque has arrived and cleared to change the topic to ** Success **