mcuth v Egg ****won****

[vpatel27]

Hi Guys

Shocked at Eggs stall tatics!

Before i found about all this I called egg to request all my statements, because I couldn't get them online, I just wanted to see the state of my account since last year. She said because my card has been cancelled i can't see my statements on line and it would cost me £10 a statement.

After I have read this forum I have sent the standard temp letter from this site to request all statements, i sent my £10 cheque and also just so they can't stall much i sent a photocopy of my passport. I did this with First Direct too.

 

Will let you know what they return.

[angry cat]

Good Luck Michael-

Tomorrow is the 27 July 2006.

 

If I am correct this is the day that you are due to issue your Claim against the Rotten Egg.

 

Kind thoughts to you....

 

Angry Cat

[mcuth]

Good Luck Michael-

Tomorrow is the 27 July 2006.

 

If I am correct this is the day that you are due to issue your Claim against the Rotten Egg.

 

Kind thoughts to you....

 

Angry Cat

 

Thanks AC - actually, they have until 28th (Friday) to settle, but given the content of their last letter, I don't think they will. S'ok, the N1 is typed & printed for me to take to the court on Monday, and it'll just cost them an extra £35.22 then

 

Cheers

 

Michael

[angry cat]

Hi Michael-

I am only a couple of days behind you-

If I may ask you, what did you state on your Particulars of Claim? and.....Have you taken into account Bankfodders post :-Has Egg Counter Claimed against you?

 

I just wonder, it might prove to be prudent, to analyse Bankfodders view-

Thereby, pre empt Egg's counterclaim?

 

Only a thought!?

 

Good Luck for Monday; I will be issuing my County Court Claim against Egg on Wednesday.

 

Keep the Faith

 

Angry Cat

[mcuth]

Hi AC

 

Sorry, I have no idea what post of BF's you're talking about - but Egg aren't counter claiming at the moment, cos the claim hasn't been raised yet

 

This is the template I use for all my Particulars of Claim:

1. The Claimant had an account {number} ("the Account") with the Defendant which was opened on or around {date} and closed on or around {date}

 

2. During the period in which the Account was operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £{amount} and any interest charged thereon;

 

b) Court costs;

 

c) Interest under section 69 County Courts Act (1984) at the rate of 8% a year, from {date} to {date}, of £{interest} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £XXXX

 

 

Cheers

 

Michael

[angry cat]

Hi Michael-

Bankfodders post is at the top of the Egg page

Has Egg counterclaimed against you, dont worry-

I just thought it my prove helpful, if you have a look at it.

Kind regards & Good Luck

Angry Cat

[mcuth]

Claim to be taken to Swindon County Court today - with interest/court fees, the amount has gone up to £85.22 from £50.00

 

Will PM a mod when the claim is issued...

 

Cheers

 

Michael

[mcuth]

Case no: 6SN02736

Swindon County Court

Value: £85.22 (£50 + £5.22 interest + £30 fee)

Issue: 31st July 2006

Deemed to be served: 5th August 2006

 

 

Cheers

 

Michael

[Tobes]

Good luck!

[angry cat]

Good Luck-

One of us will Crack the Egg!!!

 

Angry Cat

[hondamad21]

Good luck,

 

Boil the egg !!!

 

hondamad

[DazNorthants]

How is your case going. Have they acknowledged your claim?

[mcuth]

How is your case going. Have they acknowledged your claim?

 

Nope, no acknowledgement as yet - they have until the end of this weekend to acknowledge, otherwise I'll be down the court on Monday morning to file for default judgement - muwuhahahahahaha

 

Cheers

 

Michael

[mcuth]

Hi

 

I seem to be having a problem with my Egg thread - everytime I try to view it in FireFox, it comes back with a blank page, and in IE, I get a "The page cannot be displayed" error. Have cleared cache & cookies several times and don't have a problem viewing any other threads......Any ideas please folks?

 

Cheers

 

Michael

[I_feel_cheated]

any news on this one yet....BTW thanks for your help

[Yasmin]

Yeah Best wishes with ur claim....Y

[mcuth]

No real news - I sent the form in for default judgement on Monday. I'm off on holiday tomorrow (Wednesday) til next Tuesday, so hopefully there should be something waiting for me when I get back

 

Cheers

 

Michael

[mcuth]

How strange - I can view the thread ok when I'm logged out, so I managed to post a reply tonight by logging in during the reply process. Now I can view page 2 of the thread, but not page 1

 

Cheers

 

Michael

[livelylad]

Nice one i am owed £200+ from the toxxxxs. i have already given them plenty of time to settle, i am going to issue a claim against them this week for my costs. i think that egg are the worst bankers!! i have delt with so far. boil em mash em stick em in a stew!!!

[livelylad]

any news yet is the Egg scrambled?

[mcuth]

Well, I've received 2 AoS notices from the court today - dated 15th & 16th August - so I guess that's my default application outta the window, and I just gotta wait & see what happens...

 

Cheers

 

Michael

[angry cat]

Micaael, I believe that you are in the same boat as me! as my A'o S' was served on the 14 August 2006....However, we will all just have to wait and see How things Pan out. There is more than one way, to fry an Egg!!! Good Luck AC

[mcuth]

Received Egg's defence yesterday:

 

1. The Claimant entered into an Egg credit card agreement with the Defendant in June 2004 (the "Agreement").

 

2. It is admitted that charges were added to the Claimant's Egg credit card during the course of the Agreement. The charges was [sic] made pursuant to clause 7.1 of the Agreement as a result of the Claimant exceeding his credit limit. Clause 7.1 clearly states:

"if you break the terms of this Agreement we may charge you the following, where relevant, to cover the additional cost to us:

 

£20 each month you go over the Credit Limit...."

 

The Claimant exceeded his credit limit twice and charges were added to his credit card accordingly.

 

3. It is denied that the charges are "punitive" as alleged. The Defendant recognises that customers, such as the Claimant, sometimes exceed their credit limits and/or fail to make or are late in paying the required payments and the Defendant therefore puts in place systems and processes to deal with the same. Such systems and processes include the use of computers, staff and other necessary overheads. The charges set out in Condition 7 of the Agreement are calculated by taking into account the total costs incurred by the Defendant in maintaining those systems and processes and the estimated number of customers (such as the Claimant) who will exceed their credit limits and/or fail to make or are late in paying the required repayments. The Defendant avers therefore that the amount of the charges applied under Condition 7 represents a genuine pre-estimate of the loss and expense caused to the Defendant in respect of such customers exceeding their credit limits and/or failing to make or being late in paying the required repayments.

 

4. Further the Defendant takes steps to try to ensure that customers such as the Claimant do not incur the charges set out in Condition 7. For example, with respect to observance of his credit limit, the Claimant was able to view his outstanding balance 24 hours a day on the Defendant's website and was thus able to monitor his spending to ensure he did not exceed his credit limit (and thereby avoid any charges under condition 7).

 

5. Accordingly, it is denied that the charges are unenforceable at common law.

 

6. It is also denied that section 15 of the Sale of Goods and Services Act 1982 (the "SGSA") applies in this case. Section 15 only applies where the consideration for the service is not determined by the contract. As set out in paragraph 2 above, Clause 7.1 of the Agreement clearly states the amount of the charges. In the event that the court finds that s15 of the SGSA does apply, it is denied that the charges are unreasonable as, as set out above, the charges represent a genuine pre-estimate of the loss suffered by the Defendant as a result of the Claimant's persistent defaults.

 

7. The Claimant is put to proof that his loss as a result of the charges is £55.22 as alleged.

 

8. In the event that the Court finds that the default charges levied on the Claimant do constitute an unfair penalty and are thus unenforceable, the Defendant asks the Court to assess the actual cost to the Defendant of dealing with the Claimant's breach of contract in failing to make his repayments.

 

Statement of Truth

 

Dated this 25 August 2006

 

I believe that the facts herein are true.

 

Signed

 

David St Clare Nelson

Legal Counsel

 

ROTFLMFAO - picking this apart is going to be fun

 

Cheers

 

Michael

[mcuth]

Received the Allocation Questionnaire along with a copy of Egg's Defence today. No worries on completing that - might as well have a bash at the reply to defence at the same time

 

Cheers

 

Michael

[mcuth]

Received the Allocation Questionnaire along with a copy of Egg's Defence today. No worries on completing that - might as well have a bash at the reply to defence at the same time

 

Actually, scratch that - I'll return the AQ, but as I'm on holiday from tomorrow til Mon 18th, I'll deal with the reply to the defence when I get back or when the judge orders....

 

Cheers

 

Michael