Egg Court Claim - help please

[Fossell]

Hi there,

Eggs solicitors have finally got around to issuing a court claim on me.
They phoned me asking me to just fill it in and 'admit' the amount owing.

Problem is. I dont owe the full amount.
They have applied charges to this account.

Is it to late for me to CCA, Subject Access Request them??
Can unfair charge requests stil go through court or are they like bank charges where its all on hold?

I have 14 days to repsond to the court claim.

Im just wondering if I CCA and Subject Access Request them will it go on hold etc etc.

Any help much appreciated.!!!

[diamondgirl]

Hi and Welcome

Is this definately from the CC or is it from the Solicitors?
If its CC papers then you need to get your acknowledgement of service done. Do it on line it gives you more time.
Can you scan or post up details of the POC?
Please remove all personal details first.
The more info you can provide the better.
It's not too late to ask for the info from them.

DG

[Fossell]

Yeah defo county court. What does acknowledgement of service mean? Sorry for sounding thick. It's all new to me.
I have today sent cca and Subject Access Request requests.
I was worried I wouldn't have time to get the info from them so I could enter on the court form what I believe I owe minus charges.

[diamondgirl]

Originally Posted by Fossell

Yeah defo county court. What does acknowledgement of service mean? Sorry for sounding thick. It's all new to me.
I have today sent cca and Subject Access Request requests.
I was worried I wouldn't have time to get the info from them so I could enter on the court form what I believe I owe minus charges.

Acknowledgement of service is your acknowledgement to the court that you have received the papers. I am assuming you are going to defend all.
If you read the papers it gives you a password so you can do it on line.
It tells you exactly what time you have. Once you have done this the next stage will be an Allocation Questionaire which will come from the courts later which you can fill in your defence then. You should by then have received all the necessary paperwork from the CCA and Subject Access Request requests.

If you can scan any info to the thread it will great. Remove all your personal details, account nos. etc., as the muppets are known to read the forum.

I'm hope this makes sense as I've just been to the opticians and they put drops in my eyes so at the moment I can't see very well.

DG

[Fossell]

Hi DG.
I will scan my docs soon and post minus my details.
When you say defend all, what do you mean?

I do owe them but I just wont pay them any charges theyve put on to me.
Plus my financial circumstances make it impossible for me to afford the monthly repayment they want.
I tried to contact them and arrange what I could afford but they would never go less.
So I just presumed Id have to accept a CCJ as the judge will only give them what I can afford.

[diamondgirl]

Defend all because you haven't got the information you want to enable you to state your case.

I was late in finding this forum and submitted mine with various details and it was only after I found this forum I realised that the DCA had really messed up. I said I owed xxxxx and disagreed with the total.

My post if you want to check it out in the search is Link Financial - GE Money. I think its my old mac that I'm using makes it difficult for me to put the full link on. If you have a good read of it you will get lots of ideas.

I've kept on paying mine to GE the DCA gets nothing because they won't give me the bank details now whether GE pays the DCA don't know.

I know you owe the money but anything that you can get back is good. A judge will never order you to pay more than you can afford. This is reason everything should be in writing to prove you've tried to sort it out. Everything you can produce is good thats why we always say everything in writing and keep a copy.

If there details missing from any of your requests that also counts towards your defence.

I'm sure someone with loads more knowledge will be around before you submit on line.

DG

[Fossell]

Hi again.

Thought id type in the claim form PoC as would be quicker.

The claimants claim is for the balance due and payable.
The defendant agreed to pay monthly instalments under the acc number ******** but has failed to do so.
And the claimant claims the sum of £****.**
The claimant also claims interest theron pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00.

Okay so as I understand things so far I should:

- do the acknowledgement of service to get 28 days
- wait for Subject Access Request and CCA to come back from Egg
- when i get my charges rounded up from the Subject Access Request should i admit 'part of the amount claimed'??

Im fairly sure the will produce a CCA and even if they didnt I havent read anything in here that says them not producing a CCA is any kind of defence. I know and they know I owe the money so I dont get the CCA thing at all!!??

Is there anyway for me to avoid admission and getting a CCJ? Coz im sure they are gonna want to go for a charging order next. Thats the usual plan isnt it?

Thanks for any advice on helping me understand further the CCA and charging order quieries above.

[diamondgirl]

The main thing is to do the acknowledgement of service first, state you intend to defend all - thats all you need to do in the first instance. I asssume you have Subject Access Request them, if not get it done as a matter of urgency.
Remember to enclose the £10 PO.
The reason for the CCA is that sometimes it comes back missing details that should be on it which then makes it uneforceable.
Once you have acknowledged the service you can then start getting your defence together but you need all this information.
The next stage will be the Allocation Questionaire (AQ) from the courts that is when you file your defence. Don't worry about this at the moment you will get lots of help on this later its a way off yet.
If you get anything in writing saying we know you have property and will go for a charging order its in your favour as they are making it plain they just want to do that and make an unsecured debt secured its normal practice for the DCA/Solicitors these days.
Make sure you start a file, in date order, of everything you receive from them and a copy of everything you send to them.
Print a copy of your acknowledgement of service as well.
Hope this has helped.
I must go think about dinner now as I've just got in from work so I will be back in a while.
DG

[Fossell]

I haven't defended all. Does that matter?

(edited: Sorry I havent defended all or part yet just acknolowdged it. IM THICK!)

[steven4064]

It does matter. They can go for summary judgment if you don't.

Presumably you have acknowledged service as you have been advised. If not, do it now. You have 14 days from the date of service.

You have 28 days from the date of service to mount a defence. You could use this one based on one of the shadow's

1. I, ********** of ************** make this statement as my defence to the claim brought by **************

2. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR Part 16.

3. No documents supporting the claims in the particulars have been offered either to show the Claimant has the right to bring the claim nor that the amount claimed is correct. As a result I cannot plead in defence to the claim

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

5. Further to the above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.


I believe that the contents of this defence are true

and sign it

[steven4064]

Once that is all done, you should write to the claimant "puruant to CPR Part 31.14" requesting to see the original consumer credit agreement, the original default notice and statement of account.

Do you have the default notice they must have sent? If so, can you post it here so we can see if it is valid. Your egg agreement will almost certainly be suspect.

[Fossell]

IM AN IDIOT!!

Sorry I havent defended the claim yet. Only acknowledged it!! Just the checked my status on the money claim.

But still, I dont understand why I should be defending all? Can someone explain please.
I owe them money I just dont want to pay there unfair charges. Why would I defend all? wouldnt i just get in trouble?

Im still awaiting a CCA from them and also my statements. Both requested around the 12th June by recorded delivery with applicable funds as postal orders etc.

At the same time I dont want a CCJ against me as I know they only want a CCJ so they can try for a charging order. (can they only go for charging orders if I default on CCJ's)

What Summary Judgement by the way?

Thanks Steven and DG. Sorry if I seem like a dumb ass!

[steven4064]

Summary judgement is when the court just finds in the claimant's favour without any hearing because the defendant has not produced a defence or, at least, not one that holds water.

THe defence I have put above basically says you can't defend the claim as it stands because they haven't given enough information - in fact they haven't even given the infromation that the rules require. The effect of that should be for them to divulge the relevant information (or be forced to) so that then you can do a 'proper' defence.

[Fossell]

OK. Should I give them a bit more time then?
I have until the 9th July to issue my defence. I requested the CCA and statements from them on the 12th June.
On their site they said statments would be sent within 14 days.
Regarding the CCA I dont know how long they have or will take to send it?

And if they do get all the required information to me. What would I do in that scenario? ie. they have the CCA and I can work out the unfair charges.

I presume the CCA should be posted here along with default notice when/if I get it.

(btw could anyone help with my other thread? Its for a CCA request I sent to 1st Credit via Connaught)

[steven4064]

Have you asked for any documents? You won't get any if you haven't (You probably won't even if you have )

Personally, I would just get the defence in. You have time to fight them fro docuements later. Once their claim is underway you can use the Civil Procedure Rules (Part 31.14) you get info from them.

[Fossell]

Yes. I requested CCA and statements around the 12th June.

Should I be sending thm token payments even though they said they wouldnt accept anything less than what they had wanted?

[Fossell]

I still have nothing from Egg and their 12+2 days for the CCA and statements are nearly up.
If I get nothing do I just proceed with completing my defend all action on the grounds they havent given me the information required to assess what I actually owe?
AND should I send them the 'account in dispute' letter?

Also is it okay for me to Private Message members or site members to get help with my defence statment? I dont want to just copy someones in case some particulars dont apply.

[steven4064]

Whatever they do or don't do, make sure you get your defence in in time.

If they come up[ with nothing (which is what we expect) then you can use the defence above. The only thing is, I think there ought to be another paragraph that says "If the Claimaint produces documents in support of his claim, the Defendant respectfully requests permission from the court to amend this defence."

I wouldn't bother with an account in dispute letter at this point - it is obviously in dispute: they are taking you to court

Re PMing members of the team - it is better to await help on the thread first. If you are not getting the help you require, then click the red triangle. that will alert the team.

[Fossell]

im going to post the cca which i have received from them.
can you look over it and see if its sound or if there are any issues with it.
i still havent received my statements so i will go ahead and file defence based on that.
i'll post my defence copy for approval before i send it aswell.

[Fossell]

i give in. how do i upload an image that will stay legible? they keep going lores. i have uploaded them to photobucket at the 1mb size

OK. half figure it out. Ive attached 2 pdf files on the next page. Let me know if there is a better way please?
There were other pages with the cca but about 16 pages of legal gobbledy gook.