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Am I within my right to charge Egg for....
cjw
Posts: 88 Forumite
Hi Guys,
Quite simply in May someone used my Egg card number while the card was in my wallet to make 2 transactions. When I discovered these transactions and as I have a speech problem, I contacted Egg through their secure email system informing them that fraud had been committed. They replied back to say it had been passed to the security department.
I was going away in the early part of June, so I decided to pay off what I spent in May minus the fraud amount so when I came back I wouldn't have a bill to pay and I informed Egg what I had done the day before I went away. They replied to say the fraud was being investigated.
I went away and came back and found that the fraud amount was still on my account and they issued a statement to me with the fraud amount on it. I emailed Egg straight away asking what was going on and I asked them to stop the direct debit going through about 8 days before it was due, as a direct debit is set up to pay the full balance. They replied back to say they have requested further investigation to the security department and nothing else was said.
On the following day I asked my father to phone Egg and asked what they were doing about the fraud. He phoned and because of their automated system, I had to give my father who I trust my security details so he could get through to a human-being. When he got through to the woman, the first thing he said to her was he was my father. OHHHHH, the alarm bells went off. She first said was "you have breached our security system, this account is now blocked" and I can't talk to you. So, arguments started because dad was completely honest with her and he didn't want to know anything about my account, just wanted to give them a nudge, but she refused to even talk to him. He requested to be put through a superviser, which did happen. The superviser wouldn't talk to my father, but pointed out and said "Your son can talk to us via our secure email". At this point dad just went through her saying "don't you think he has tried this and getting nowhere, it is over a month since he contacted you, etc." She said she would look into it and email before 3.30pm.
She did and she said that the security department had not received any of my messages and blamed it on a technical error. I printed off all my emails that I sent them as proof before they could delete them if they wanted to. Then I replied back to her and complained bitterly and I again requested for the direct debit to be stopped. The next day she replied back saying that she was unable to stop the DD, but it could be done by your bank or let it go through and she would return it back to my bank as soon as it showed up. I replied back and said no as that they are breaching the DD T&C's as it would be an unauthorised transaction because I requested them to stop the DD in at least 2 emails if not 3. I also pointed out that if they proceed to collect the DD, then I will be seeking compensation.
Anyway, the DD was collected, took 3 days to show up on my account, 2 days after that the superviser emailed me requesting for my bank details.
I have written to Egg with my complaint, but might take 8 weeks for them to reply.
I have sent Egg an invoice for £25 for an unauthorised transaction fee, as they collected the DD when being told not to. I gave the 21 days to pay or further action would be taken.
I know they will take the 21 days as being 21 working days, which I can't do anything about.
So, what I would like to know from you guys is can I enforce them to pay me this fee I have sent them? What legal right do I have charging them with this? Can I take it to a small claim court? Etc....
Cheers,
Quite simply in May someone used my Egg card number while the card was in my wallet to make 2 transactions. When I discovered these transactions and as I have a speech problem, I contacted Egg through their secure email system informing them that fraud had been committed. They replied back to say it had been passed to the security department.
I was going away in the early part of June, so I decided to pay off what I spent in May minus the fraud amount so when I came back I wouldn't have a bill to pay and I informed Egg what I had done the day before I went away. They replied to say the fraud was being investigated.
I went away and came back and found that the fraud amount was still on my account and they issued a statement to me with the fraud amount on it. I emailed Egg straight away asking what was going on and I asked them to stop the direct debit going through about 8 days before it was due, as a direct debit is set up to pay the full balance. They replied back to say they have requested further investigation to the security department and nothing else was said.
On the following day I asked my father to phone Egg and asked what they were doing about the fraud. He phoned and because of their automated system, I had to give my father who I trust my security details so he could get through to a human-being. When he got through to the woman, the first thing he said to her was he was my father. OHHHHH, the alarm bells went off. She first said was "you have breached our security system, this account is now blocked" and I can't talk to you. So, arguments started because dad was completely honest with her and he didn't want to know anything about my account, just wanted to give them a nudge, but she refused to even talk to him. He requested to be put through a superviser, which did happen. The superviser wouldn't talk to my father, but pointed out and said "Your son can talk to us via our secure email". At this point dad just went through her saying "don't you think he has tried this and getting nowhere, it is over a month since he contacted you, etc." She said she would look into it and email before 3.30pm.
She did and she said that the security department had not received any of my messages and blamed it on a technical error. I printed off all my emails that I sent them as proof before they could delete them if they wanted to. Then I replied back to her and complained bitterly and I again requested for the direct debit to be stopped. The next day she replied back saying that she was unable to stop the DD, but it could be done by your bank or let it go through and she would return it back to my bank as soon as it showed up. I replied back and said no as that they are breaching the DD T&C's as it would be an unauthorised transaction because I requested them to stop the DD in at least 2 emails if not 3. I also pointed out that if they proceed to collect the DD, then I will be seeking compensation.
Anyway, the DD was collected, took 3 days to show up on my account, 2 days after that the superviser emailed me requesting for my bank details.
I have written to Egg with my complaint, but might take 8 weeks for them to reply.
I have sent Egg an invoice for £25 for an unauthorised transaction fee, as they collected the DD when being told not to. I gave the 21 days to pay or further action would be taken.
I know they will take the 21 days as being 21 working days, which I can't do anything about.
So, what I would like to know from you guys is can I enforce them to pay me this fee I have sent them? What legal right do I have charging them with this? Can I take it to a small claim court? Etc....
Cheers,
0
Comments
-
You can't charge Egg £25 for anything of that nature as the contract you have with them does not allow that and you have not asked Egg to vary the contract asking for their acceptance of the variance.
However, I would have agreed that it is reasonable of them to ask you to cancel the DD at your bank or request that your bank return the funds under the Direct Debit Guarantee Scheme.
Are they still investigating the Fraud?
Did you stop your card?
Have you reset your security details with EGG?0 -
-
Hi,
They stopped my card as soon as I informed them of the fraud.
2 weeks ago they took the 2 transactions off my account, but didn't tell me and will not comment on the out-com.
I was able to reset my security details right away.
I did ask for compensation, but was told no unless I went overdrawn at my bank and they would only pay the fees.
If I can't charge Egg with that, then what can I do to hit back at them?0 -
Hi,
They stopped my card as soon as I informed them of the fraud.
2 weeks ago they took the 2 transactions off my account, but didn't tell me and will not comment on the out-com.
I was able to reset my security details right away.
I did ask for compensation, but was told no unless I went overdrawn at my bank and they would only pay the fees.
If I can't charge Egg with that, then what can I do to hit back at them?
Did you incur any charges from Egg whatsoever?
Did Egg return the Direct Debit amount to your account? Did you incur any expenses related to the money being returned?0 -
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