Egg...

MORE-MONEY_2

Anyone had dealings with egg and had their account passed to a debt collecting company known as capquest.

EEK!!!

I have been on a DMP since 05 and have always made my payments.
After reading about reclaiming my charges I went ahead and succeeded with Egg and they have refunded me my charges but they are now requesting I sign a Tomlin Order stating if I for what ever reason I cannot make my payments they will counterclaim for the whole amount outstanding effectivly gicing me a CCJ. Can Egg legally do this considering I have been making regular payments??

Any help would be much appreciated.

dannyboycey

They have the hump with you because you reclaimed the charges. This is their way of getting back at you. As far as I'm aware, you don't 'legally' have to sign it because it was not in the original T&C's. However, they are completely within their rights to demand that you pay the whole outstanding balance at any time (this is usually in the T&C's). It's a tricky one. Not sure what I'd do. Is there any way you can just transfer the balance to a different card/company and get shot of Egg altogether? That way it's not an issue.

EEK!!!

unfortunatley I'm in a DMP and so I can't apply for another credit card!!! Oh well looks like I'll be getting a CCJ in near future!!!

robnye

if you have a dmp up and running and are making the monthly payments to cover that, the i presume they cant just issue you with a CCJ as they agreed to the reduced payments of the DMP....... or have i got it wrong (again...!)

Broken_hearted

I wouldn't sign it

newmum1

Broken_hearted wrote:

I wouldn't sign it

Yeah I agree with this but it depends on what the implications of not signing would be, if it is a ccj then maybe it would be worth signing

tyllwyd

I tried to have a look on the internet to see what a Tomlin Order is, and one site said
"A 'Tomlin Order' is a form of consent order for settling a dispute which comprises a stay of proceedings on terms contained in a schedule to the order. "

So are they saying that they will refund your charges, but as part of settling your case against them for the charges they want you to sign this Order? If so, I'd have said that it isn't directly connected with whether or not you have been making the payments under your DMP. I suppose it is down to you whether or not you accept these terms - have you taken any legal advice?

fruitycar

Have you been to https://www.consumeractiongroup.co.uk ? You will get a lot of help with your question there.

halloweenqueen_2

You can't be forced to sign anything and I thought if you were making the payments you agreed to they can't suddenly up and change it. Make sure your payments are made in time and they can't delay for a day and say you were late paying. Good luck and well done on claiming the money back. Did you reduce your debt with them with the money you got back?