kriso vs Egg + default?

[kriso]

I have gone over my credit limit by a small amount and have been making my monthly payments but still £11 over before interest has been applied.

I'm going to make a claim as I've been charged £16 for the last 3 months (and probably again this month). But I've notice a yellow warning on the website saying 'Notice of Default sums (Charges) - The Consumer Credit Act 1974 requires us to provide you with this notice because a default fee has been charged to your Egg Card account'.

Does that mean they have added a default to my credit file that I can ask to be removed? Or is it just a warning? It just looks a bit scary thats all

Thanks

[steven4064]

IMHO they are talking rubbish. They cannot default you without sending a proper default notice, ie one that is compliant with ss87 and 88 of the CCA 1974 and associated regulations.

Having said that, you should take a screen dump because this is an admission that they have charged a penalty, which is unlawful

[kriso]

Thanks steven, I hope that's the case. I want to claim back these charges but a bit worried now and not sure whether to include the part about removing the default from my account or not.

[kriso]

After having sent my pre-lim letter and lba, I got a letter today saying they are ending my credit card agreement but no mention of paying back charges.

I don't suppose there's anything I can do to stop them doing this and it's not a massive problem because I am in the process of paying it off now anyway. But out of all my cards, it is one that I would have liked to keep.

Do I just go ahead with the county court process now, or does them ending my agreement change things?

[steven4064]

If they have ended your agreement without a valid DN then they have acted unlafully, so that is extra ammunition for your case.

[kriso]

Oh really...what is a DN by the way?

[kriso]

Well I have submitted my court papers etc. However since then, I got another charge which must have been from the previous month before I paid a load off.

How do I go about adding this charge on to my claim? I have been searching on here but couldn't find anything.

Thanks in advance for any help.

[Mistermind]

Originally Posted by kriso

I have gone over my credit limit by a small amount and have been making my monthly payments but still £11 over before interest has been applied.

I'm going to make a claim as I've been charged £16 for the last 3 months (and probably again this month). But I've notice a yellow warning on the website saying 'Notice of Default sums (Charges) - The Consumer Credit Act 1974 requires us to provide you with this notice because a default fee has been charged to your Egg Card account'.

Does that mean they have added a default to my credit file that I can ask to be removed? Or is it just a warning? It just looks a bit scary thats all

Thanks

It looks as if confusion has arisen over the ambiguous use of the word "Default". You were in default of T&C re exceeding your card limit. Accordingly several "Overlimit Charges" were levied on your account. The new yellow warning looks like an additional warning by paperless Egg to say the same thing in cyberspace.

Default Notice is a formal last warning to bring your account back to order or else risk your account being closed with full balance payable immediately. Although postal delivery of DN is obligatory, Egg in many cases claimed to have sent same but cardholders claimed never to have received same.

If at the subsequent closing of your account you were not asked for 100% settlement, then your account was not closed following issue of DN, but closed because Egg saw no future of making profits out of you. Whether an actual default was registered against you can be confirmed from a check by writing to experian PLC of Nottingham enclosing £2 cheque -- I doubt it (Egg generally likes to withold the issue of DN as a threat to those who will not pay).

Egg like other cards and banks are broke, and have little appetite for unprofitable accounts. If they have reviewed your value to them and have come to a conclusion, very unlikely they can be disuaded, but you can try.

Reclaim of alleged unlawful penalty charges is a separate issue from all of the above. Experience over 3 years makes clear Egg WILL refund penalty charges to those who know the score, and Egg do not want to land in court to defend against penalty charges. They caved in 105 times, no reason to change now.

Egg's commercial managers will refund faster than their legal department. Even with N1 claim already under way, if you simply write a letter to the commercial manager in plain English to shortcircuit the process. No harm mentioning your N1 claim either. Normally a ritualised exchange of two or three letters is sufficient to secure full refund plus 8% p.a. offered by Egg. For template letter see case

01 weeks - 30 APR 2007 - WINNING TEMPLATE LETTER - Eggmail then 2-day payout - moc1982 v Egg

in

http://www.consumeractiongroup.co.uk...ry-over-5.html

Good luck.

[kriso]

Anyone else had phonecalls from Egg lawyers asking them to extend the court deadline?

[kriso]

After Egg didn't pay, I filed for Judgement which was approved by the court...and about a month later they paid most of the money into my CC account, however they missed 79p interest which was included in the judgement!