Neo v Egg Banking PLC - Hearing on Tuesday!

[Neo]

looks like Egg are going to appear in court on Tuesday.

 

I received change of solicitors from Egg to Eversheds...

 

I am challenging them about holding information on my credit records afte the accoutn has been settled, using argunments from Surlybonds info.

 

Any hints or tips for Tuesday (tommorow) appreciated. Never been to court before... nevermind took a bank to court...

 

Thanks,

NEO

[Guest ian cognito]

Nothing that hasn't already been said, good luck with it and let us know how you go on xx

[Allyxia]

In answer to your Pm - I expected to go to court and be in a little room for a quick chat with the judge.

 

After all I was only given a 10 mins hearing see this thread.

http://www.consumeractiongroup.co.uk/forum/nationwide-successes/44492-allyxia-big-guy-vrs.html

 

That'll save me typing it all out agin!!

 

Im not saying to is true or not, but I have heard from afew people that the agrument of processing sttled accounts still stands depsite the letter from experian.

 

In fact I have used the very argument myself and they have not backed down.

 

I would in the first instance try to get hold of that letter and use it in evidence. Because if that is going to be the basis of your arguement then that will need to be presented to the judge.

 

BYT have you claimed charges back from Egg?

 

If so how much you claimed and how much is your defulat for?

[Neo]

Thank you..

 

When I say letter, i mean I am using the arguments from Surlybonds template letter, not the Experian letter.

 

The case is tommorrow... and not claimed any charges from them... there was none unfortunately...

 

Default was for 1500 and they never even sent me a default notice, but that is not what i am arguing, i am arguing that the account is settled and no wher ein law says 6 years...

 

Thanks again

[Allyxia]

Well I havent been to court for this reason myself.

 

So Im only replied to what my reading on here has obtained rather than experience.

 

Others have tried this same arguement before you and have failed - Im not sure why try reading Dayglo thread is very very long so go near the end and work back.

 

I would still take the experian letter as you will have an admission that they can not keep your infor direct from them. I know exactly what you are saying as I have tried and failed for this reason myself they will just keep quoting the IOC recomemdation for 6 years and imply that it relates to both kinds of account Tis what they did to me.

 

Im not trying to put you off mearly saying that the more info you take the better your chance and gawd we need a win on this issue!!!

[Neo]

Very much appreciated Allyxia...

If you have a minute can you just tell me in a line or two what the hearing is like... I read your post but didn;t find any info about it.

Is the judge quite helpful with regards to how the hearing is conducted etc. with regards to someone who ahs never been before?

Is it like an open debate? Or does the judge ask asll the questions?

I will read Dayglos thread, but I cannot understand hwo I can lose? How can they argue with what is law? ie they cannot hold my info after the contract and all my permissions has ceased? I understand what you are syaing but it 'seems' clear cut? I suppose it depends on the judge!

Thanks,

Adam

[Allyxia]

I know exactly how you feel because this has been my arguement all along and the same as Dayglos?

 

I didnt pursue this particular claim all the way to court as the default is off in dec anyway and have no plans to obtain credit in next few months as just changed mortgage etc etc so too late for me.

 

Sorry about the link I thought it did say about the court etc etc.

 

No it was very formal - I gave the judge allmy info and then he asked me questions - we were in there nearly an hour in the end.

 

I really had tow ork hard to put my case across - and i though I had a shut and cut case like you as well - but its nto as clear as that, you really do have to show the judge your evidence.

 

Do you have a court bundle ready? if so what have you got in there?

 

Im going out at 3 and wont be back til later - i will try to help you as much as I can.

[Allyxia]

Please understand that when going to court it made a huge difference that I had all the paperwork prepared and placed into a ring binder which was correctly referenced and indexed!!!! It was noted upon by the judge!!!!

 

So if anybody else has to go to court - please make sure you are prepared, as Jonnie stated in a previous post on this thread - it is not just a formality. I had to speak up and put my case across!!

__________________

 

 

Quoted in my thread -

[Neo]

Thank you so much.

 

I am trying to put it together today.

 

So far, I have:

 

Outline of case.

Relevant Data protection Act sections highlighted.

Experian letter (as you have suggested - with notes to be done tonight)

Copy of my credit record - showing as settled and Defaulted.

 

But not sure what else to put in there..

 

Thanks again!

 

 

 

I know exactly how you feel because this has been my arguement all along and the same as Dayglos?

 

I didnt pursue this particular claim all the way to court as the default is off in dec anyway and have no plans to obtain credit in next few months as just changed mortgage etc etc so too late for me.

 

Sorry about the link I thought it did say about the court etc etc.

 

No it was very formal - I gave the judge allmy info and then he asked me questions - we were in there nearly an hour in the end.

 

I really had tow ork hard to put my case across - and i though I had a shut and cut case like you as well - but its nto as clear as that, you really do have to show the judge your evidence.

 

Do you have a court bundle ready? if so what have you got in there?

 

Im going out at 3 and wont be back til later - i will try to help you as much as I can.

[Allyxia]

I'll think on it.

 

you will need three copies of everything and put it togther professionally you know indexed content page etc etc

 

copy of IOC report would be good as well as it says in there in bold letters info may be held not info should be held - which I bet is the tac they are going to use - so it would be good if you can show the judge it says may not should or can - get my drift here?

 

What defence have they put?

 

AS im leaving now have a look at their defence the look at ways you can counter it?

 

Let me know what you have done - sorry for typos practically doing this as Im going out the door!!!

[Neo]

Thank you!

 

The problem is they haven't put a defence in?? But they can turn up to court without a defence am I right? Well when i say they didnt put a defence in, I mean they sent me a letter asking me to prove what I put on the claim form... so i did... but no defence...

 

 

 

Thanks

 

I'll think on it.

 

you will need three copies of everything and put it togther professionally you know indexed content page etc etc

 

copy of IOC report would be good as well as it says in there in bold letters info may be held not info should be held - which I bet is the tac they are going to use - so it would be good if you can show the judge it says may not should or can - get my drift here?

 

What defence have they put?

 

AS im leaving now have a look at their defence the look at ways you can counter it?

 

Let me know what you have done - sorry for typos practically doing this as Im going out the door!!!

[Neo]

Do you know where I can find this ICO report?

 

Thanks

 

I'll think on it.

 

you will need three copies of everything and put it togther professionally you know indexed content page etc etc

 

copy of IOC report would be good as well as it says in there in bold letters info may be held not info should be held - which I bet is the tac they are going to use - so it would be good if you can show the judge it says may not should or can - get my drift here?

 

What defence have they put?

 

AS im leaving now have a look at their defence the look at ways you can counter it?

 

Let me know what you have done - sorry for typos practically doing this as Im going out the door!!!

[Neo]

Ol, just got back from Birmingham County Court.

 

Case dismissed.

 

Hmm.

 

The judge had no idea about what the data protection was..

 

Hi smain two points were;

 

1. He did not agree that termination of a contract, meant all permission to process and store information was nullified.

 

2. He did not agree that Section 10 of the DPA where it refers to "processing" meant storing...

 

He would not even accept that Egg were the data controller and said I should of taken the CRA agency to court instead of Egg??

 

After the hearing, I did speak to the solicitor representing Ehh, very nice lady. She let it slip that Egg could not find the feault notice that was (apparently) sent out to me. Interesting. I think she fancied me...

[Allyxia]

Neo I Think You Should Draw These Points To The Attentionof A Mod

[Neo]

How do I do that?

[ClintMccutcheon]

What a crap result....

 

Surely under contract law its not acceptable that once a contract end's all the terms end... otherwise thats just daft, all of your rights to be able to bank with egg etc sure as hell ended!! Theirs should too!

 

As for the S10 bit... well im shocked that the case was dismissed in such a way.

 

Hope you appeal

 

C

[Neo]

What a crap result....

 

Surely under contract law its not acceptable that once a contract end's all the terms end... otherwise thats just daft, all of your rights to be able to bank with egg etc sure as hell ended!! Theirs should too!

 

As for the S10 bit... well im shocked that the case was dismissed in such a way.

 

Hope you appeal

 

C

 

Well i agree and that was my main argument, but as soon as I got in there he would not accept it. I said about 4 times that when a contract is terminated then surely all the rights that I gave end too, but the judge would have none of it.

 

The judge did say that if I could provide case law then things might of been different and from what Surluybonds has said, he has dug some up...

 

What I don't understand is why their solicitor was kind enough to tell me after the hearing, that Egg could not find the Default Notice and hinted that may help following that route... which I will now.

 

Can anyone point me to a post which deals with what happens when a company can not supply a default agreement...?

[ClintMccutcheon]

Maybe she did fancy you! hah

 

SB has said he has some case law, but his post is yet to be updated so that is a waiting game.

 

If Egg have admitted they cannot find the default notice..... im sure there is post on the legalities board for that.

 

Still in shock at the judge though, im due to take HSBC to court over the very same thing, if i got dismissed in such a way id be livid.