Added advice required about EGG dispute?

pogo_stix

Is it me and have I missed something..

The EGG dispute Dept contacted me by phone on 11th March 2009 to inform me that EGG where unable to pursue my dispute of £1656.06 as it was not covered under the credit card act conditions (credit card act was not her term but mine) and that the additional disputes, such as faulty, misdescribed and for the service I have not received where covered under Consumer Protection laws, which EGG cannot deal with. When I challenged the reason behind EGG’s decision as being wrong and to what I would do now she advised me to contact Trading Standards and ask their advice on what to do. I told her I was not happy with being passed to them as the Trading Standards would suggest I go back to EGG, which is exactly what they did suggest, however I was advised to quote legislation under section 75 of the Consumer Credit Act 1974 (as amended). Furthermore, Trading Standards never heard of any legislation that would support EGG’s decision not to pursue the claim.

The software was via a number of download links provided by the company, Pilot Group http://www.pilotgroup.net, which would form a complete single package. The software that I purchased was for an estate agent website design http://www.realtysoft.pro/realestate, as well as their PG Roommate Finder Solution http://www.realtysoft.pro/roommate. After purchase the download links were not complete.

In addition to this, their License Agreement (enclosed) states “Pilot Group provides support and technical assistance for all licensed copies of the ‘Software Product’. Pilot Group reserves the right to determine time frame and amount of assistance provided” they determined the amount of time as advertised on their website, this being 100% free technical support for 1 year (enclosed). As you have had all my email correspondence previously you will see that their support ceased after a few conversations and many continued attempts by me to resolve the issues with their software via email. To date I still have had no response and this is both a misrepresentation and a breach of a contract as the service has all but disappeared.

As per the refund policy (enclosed) which can be viewed here, http://www.pilotgroup.net/about/refund_policy.php they have not honoured this at all, as they will not respond to my requests.

I have made the Trading Standards fully aware that this claim is in part concerning digital download links and that EGG stands firm in their decision not to pursue my dispute based solely on the fact that it was delivered by digital download.
However I have been informed my dispute is not wholly about a possible disputable download links, it is in addition to goods that are faulty, misdescribed and for the service I have received that doesn't come up to scratch. Regardless if I received the software or not under digital download exceptions I have been informed my credit card company is jointly responsible with the supplier for where Visa or MasterCard has been used and provides extra legal protection for the consumer concerning misrepresentation and a breach of a contract.

I am dismayed by the way EGG has handled my dispute. Taking into account the past weather conditions, it has been over 2 months with not so much of an update from EGG, and I found this unacceptable. Together with the response I received from the disputes Dept on 11th March 2009 I have decided to withdraw over £30,000 (plus stop the additional £20,000 that was about to be deposited) from my EGG saving account in favour of placing it with a bank that would give me good advice and welcome the funds.

If anyone has been in a similar situation and can add further weight to my claim it would be most helpful. Also, does anyone knows where I can contact an executive at EGG? As I would like to thank them for allowing me an insight into how EGG runs their banking disputes and the information their staffs pass to customers.

Also can egg still continue to take monthly payments from me as well as add interest for this dispute?