Alexandra Slater v Egg Banking Plc August 9th 2010

[Shepherdess]

Re: Alexandra Slater v Egg Banking Plc August 9th 2010

Interesting. Presumably the same principles would apply to Amex vs Brandon / Duffy ?
Not only are they unreported, they seem to have been buried... apart from selected snippets of benefit to Mishcon. I believe the only full version available is the leaked one from the same blurry fax.

[Amethyst]

Re: Alexandra Slater v Egg Banking Plc August 9th 2010

Quite happy for Brandon to be buried with the insane judgment on penalty charges on credit cards within it. Dont forget it is still under appeal.

And yes, all unreported cases have to be shown to clarify the law where it isnt reported in previous cases.

[Amethyst]

Re: Alexandra Slater v Egg Banking Plc August 9th 2010

Report from Eversheds on EGG - News article - Eversheds LLP

rather confrontational lol.

Conclusion
Whilst the case is perhaps less of a landmark decision than others that we have seen over the 12 months, it is reassuring to see that Judges continue to reject tenuous challenges to the enforceability of credit agreements. The case also enforces the need for Claimants to put forward a positive case when making allegations of unenforceability and demonstrates that those who do not, will have their claims rejected.

[The Debt Star]

Re: Alexandra Slater v Egg Banking Plc August 9th 2010

useful summary is that. I hate Eversheds.

[Angry Cat]

Re: Alexandra Slater v Egg Banking Plc August 9th 2010

At least they agree that it was not a landmark decision (unreported case).

Pity, that the case hadn't been about an early Egg credit card agreement, as opposed to Ms. Slater's. Still I suppose every dog has its day...

Never been impressed with Eversheds; understatement!

[The Debt Star]

Re: Alexandra Slater v Egg Banking Plc August 9th 2010

That case could have gone so differently if it hadn't been so flawed ie "it rings a bell"; later agreement; and the claimant being a CMC etc. Wasted opportunity.

[barrowby]

Re: Alexandra Slater v Egg Banking Plc August 9th 2010

Hi, Just joined and getting up to speed on Slater case. I have just (yesterday) received a letter from the Egg re an A/C in Dispute letter that I sent.

It mentions (a lot) Slater and a bit of Waksman.....not sure if a copy would help anyone?....like others...not sure what to do now. The Egg have not yet flexed the Court muscle...but I feel this could be soon!.....time for negotiations?

P.s....note the point above re the date of the Slater agreement....when was this?

[Amethyst]

Re: Alexandra Slater v Egg Banking Plc August 9th 2010

9th August ?

A copy might be of interest so others can see what to expect.

[The Debt Star]

Re: Alexandra Slater v Egg Banking Plc August 9th 2010

yes, pls post up a copy Barrowby

[freethemice]

Re: Alexandra Slater v Egg Banking Plc August 9th 2010

I would like to ask 2 questions to further this debate:

1/ Do those of us who have not receaved anything from egg for over 12 month because of the confusion caused by this case (i.e. the creditor is obliged to supply statements of account) have a case or is this just tenuous?

2/ PT alot of people followed your egg thread and rightly or wrongly stopped payments because of it. You do bear the weight of this on your shoulders? Can you at least list or give links to the judgements you have won to show how well constructed arguments actually win in these cases. All the cases I have found post 2009 seem to be in the banks favour.

[ncf355]

Re: Alexandra Slater v Egg Banking Plc August 9th 2010

2/ PT alot of people followed your egg thread and rightly or wrongly stopped payments because of it. You do bear the weight of this on your shoulders? Can you at least list or give links to the judgements you have won to show how well constructed arguments actually win in these cases. All the cases I have found post 2009 seem to be in the banks favour.

Hmmm

I dont believe PT at any time advised people to stop payments on their account?

This being the case, why should he feel responsible?

He has always held the same advice that most sensible people give on here, that we can prepare to our best ability but we are still open to the judge lottery when it comes to results



I also note with interest this is your first post on this forum - not the best way to introduce yourself

:tinysmile_hmm_t2:

[pt2537]

Re: Alexandra Slater v Egg Banking Plc August 9th 2010

I will asnwer the question posed at me, simply by saying this,

NCF is right, i did not advocate stopping payments, i did advocate asking for stay in proceedings pending the outcome of this case.

I am disappointed that the case didn't go our way, but the High Court has ruled and given us a definitive answer, so we all know where we stand,

As for won cases, yes, i do have a number of people whose cases our firm have won, and these are post Carey v HSBC
------------------------------- merged -------------------------------

1/ Do those of us who have not receaved anything from egg for over 12 month because of the confusion caused by this case (i.e. the creditor is obliged to supply statements of account) have a case or is this just tenuous?

I dont get you? what confusion? Egg had the largest firm of Solicitors to my knowledge on this case, they handled it, so i dont see why Egg would have any confusion at all

I cant answer a question i dont understand, sorry

[Amethyst]

Re: Alexandra Slater v Egg Banking Plc August 9th 2010

Wouldnt statements of account be better got under the DPA (Transaction lists?)

I think if people have been on hold pending the outcome of Slater v Egg and there are no other issues in their case (ie Slater v Egg resolved the issues) they should be in contact with Egg to arrange repayments of their account. Of course it depends on individuals circumstances. I'd post a thread about your specific case to discuss your options as to the way forwards.

[millymollymoo]

Re: Alexandra Slater v Egg Banking Plc August 9th 2010

IMO that's the most telling part of the judgement. If only she had denied receiving them rather than saying "it rings a bell"...she may not have received them at all. If she hadn't, the outcome would be quite different.

I read this from the judgement

'However the copy of the relevant terms and conditions (TB/5/b/386) rang no bells.'

[Guest]

Re: Alexandra Slater v Egg Banking Plc August 9th 2010

HI Molly

Yes the same could be true of any agreement, smile sweetly at the judge and say i never saw any terms and conditions your honour honest.

It could have worked here as well, unfotunately it would not have helped the hundreds of people who built their cases on the other three arguments.
In fact i for one am glad that it didnt work, because it would have confused he issue and caused a lot of problems for those that did.

Peter