Year after signing Tomlin order charges not refunded.

CRiMiNalNiNJa

Hi all, hope someone can give me some valuable advice.

Firstly I'll go over the basic skinny of the issue if more info is required ill post it.

I took Egg to court over a year ago for charges, their legal company Eversheds sent me a Tomlin order to fill in and send back which stated upon receipt they will credit my account with all charges...etc within 14 days.

Weeks went by i contacted Eversheds several times, they kept telling me they sent all documents to Egg and had referred my complaints to Egg as well.

Months went by, i contacted Egg several times, and i still haven't received the repayment of charges. Every time i contact them they tell me they are investigating etc... and will be in contact soon, i can't help but feel i'm being run around here.

I'm a bit annoyed now as I've had to pay contractual interest @ 21.9% on £600+ cash which should have come off my C/Card over a year ago.

What recommendations do people have? Shall i take them back to court? Can i claim back the 21.9% contractual interest i shouldn't have payed?

Thanks for reading :beer:

CRiMiNalNiNJa

Bump... no one with any advice?

natweststaffmember

CRiMiNalNiNJa wrote: »

Bump... no one with any advice?

I don't know the answer but have asked someone I do know who might know the answer to respond later today.

esmerellda

Probably would need to see the wording of the Tomlin Order if poss pls, but no you don't start over as you already have the agreement to pay up. When you signed the tomlin order did you submit it to the court and ask for the case to be held?

If not then you can send it to the court now and inform them that egg havent complied with it, ask the court to enforce the order and add any further costs and certainly the additional interest you have paid - plus the 8% stat or contractial you are claiming.

Righty from LB is keeping an eye on your case and if theres anything more indepth you need it might be an idea to sign up over there and post up as much info as you can to get as much help as possible.

CRiMiNalNiNJa

thanks for your reply :T hope the following clarifies.

Eversheds submitted the stay and tomlin order to the courts. I received confirmation from the courts on 21 July 2008.

The judgment order states

"IT IS ORDERED THAT

The attached consent order be approved"

There is a stamped & signed (me & eversheds on eggs behalf) document attached which reads;

"UPON the parties having agreed terms of settlement set fourth in the schedule attached hereto

BY CONSENT

IT IS ORDERED THAT

1 All further proceedings in this action be stayed except for the purpose of carrying such terms into effect.
2 Permission to apply to carry such terms into effect
3 There be no order as to costs of this application or in the case. "

On the reverse of this it also reads;

" The Schedule

1 The defendant shall credit to the claimant's account the sum of £652.60 within 14 days of receipt of sealed order.

2 The parties agree that the consideration set above shall be in full and final settlement of all claims between the above parties arising out of or in connection with the facts and matters in dispute in the proceedings and whether or not such claims are known to, have been notified to, or are in the present contemplation of the above parties.

3 The terms of this agreement shall remain confidential between the parties and their legal advisers save that the same may be disclosed:

(a) To the extent necessary for the purposes of enforcement; and

(b) To any court, government, or other authority to the extent necessary for compliance with a lawful obligation by the party disclosing it, and to the extent necessary to any professional adviser to that party in connection with the giving or receiving of advice in relation to such disclosure"

A few questions if i may;

I'm assuming they are in breach of this order, would this be correct?
How would i go about calculating the costs incurred for the interest paid, is there a specific method?
Is there any in particular authority at the courts i will have to write to stating Egg have not complied with the order?

thanks again for the reply much appreciated :beer:

esmerellda

Yes they are in breach of the order - have you checked they havent just paid the amount back onto your card?

I think you need to do a N244 to ask for enforcement of the order. Its good that eversheds submitted it.

If you have continued to pay the card and it has continued accruing interest on that £624 then you need to calculate or estimate how much that is from your statements and ask the tomlin be updated to include that.

Have you contacted Egg at all yourself about this order?

I'll check on the form you need to use and get back to you

CRiMiNalNiNJa

I have just double checked back to March 08 on my statements and there is definitely no rebate of charges, i haven't used the card in years so the statements are pretty clear.

I have contacted egg several times they just apologise and inform me someone will get in touch, and they never do.

Although i never really thought about it until now (which makes me feel rather silly :embarasse), would it be worth sending them a copy of the order along with a letter requesting the funds and additional costs stating they are in breach? If i don't get a satisfactory response then take the N244 form route?

I'm just thinking a quick resolution would be good at the moment seen as i will be likely made redundant at the end of next month.

Can i claim both contractual interest charged & the statutory 8% together? If so I'm assuming i would add the 8% last?

Thanks again for your help your an :A

CRiMiNalNiNJa

Just in case any one else is having or had the same problem i got all my money back plus some, i got all the interest contractual & statutory (8%) and a bonus £50 on top!

In the end after writing 4 letters drumming it in and emphasising it'll cost Egg more if i have to go back to the courts to enforce the order they eventually paid up... i just tweaked a template letter i originally sent out, nice one :money:.

Although the funny thing is i never got one correspondence throughout the whole ordeal, i just kept sending them letters every 14 days adding more and more costs each time, and eventually they just credited my account :T

Thanks again for the help, and hope this helps others.

Hailz86

Congrats glad you got it all back and its nice to see that someone in here is getting their charges back x