Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I have a debt of approx £4500 with Egg and got into some difficulty paying it off. They started with the threats etc so I requesrted a true signed copy of the agreement which they did supply.
I paid £50 off the debt which was more than I could afford but they then asked for £170 a month. There is no way I can afford this and wrote saying so but offered to continue to pay the £50 a month.
I have had a letter from Northampton court this morning and Egg are claiming £290 plus costs making it £360.
I don't understand this at all, why are they claiming £290 and not the full outstanding amount???????
Do I complete the admission form and give me income details or can I do something else as I could do without a CCJ against me?
Lisa when you said Egg did this and this, not sure if you meant the debt chaser ARC was doing the tough talkiing. ARC+lawyers Trevor Munn have a different perspective from Egg. If you have provided Income and Expenses Breakdown (and not ignored unpalatable letters?) they have to see reason that blood cannot be got out of a stone, until your times and earnings improve.
No idea where the £290 figure came from, you might inquire from Egg. But if their paperwork is intentionally chasing the fullness of what they understand as the debt owing, and claiming £290 as the total you legally owe, then if judgement was upheld in court and you pay the court £290 spread over months (the judge will give you reasonable time after looking at your statement of income and expenditure), it means Egg can no longer claim again for the remaining £4110. But it does mean you clock up a CCJ which stays on record for 6 years.
To obtain judgment in Northampton Court they have to satisfy the sum they claim is correct, offering statements etc. At that point you could counterclaim to the judge that £ x00 pounds were made up of unlawful charges and unlawful interest which need to be deducted from the balance deemed owing. Egg then cannot obtain a CCJ without being forced to accept judgment in county court on the unlawfulness of their charges. However, Egg is likely to be less squeamish now about a partial defeat in court on unlawful charges, in this new climate of opinion where everybody is focused on the OFT's upcoming big case in the High Court, where a verdict will be binding, making all previous judgments irrelevant. That case would be against banks, but an OFT test case against credit cards might not be far behind.
If Egg understood your true liquidity situation they would see there is nothing to gain from a CCJ. Perhaps Egg/ARC think you are holding back, and the ultimate threat of CCJ will bump up your payments. I suggest you write to ARC with copy to Egg big manager Ema Clayton, enclosing clear evidence of your financial constraints, showing that you are offering all you can, and cannot stop your family eating omlette just so you can pay Egg. Feel free if you wish to PM me.
Sorry for the delay in responding but my son has been in hospital.
Will send off my income and see what happens, will definately give the counter claim a try do I have to go through the prem letter and letter before action before issuing a counter claim or can I just inform the court of the charges?
You have not mentioned the date of your Northampton court hearing, nor why Egg is claiming £290 instead of £4110, so this is like a crossword puzzle without clues.
Someone else stronger on court procedure would have to advise, whether you could turn up in court to dispute the unlawful charges and interest portion of your balance owing, without giving advance notice to Egg.
Winning refund of your limited total of charges would still leave you with a big debt, so the priority would be to cool the ferocity of the DLC's hot pursuit. It would seem more effective to persuade Egg and allies there is little point seeking blood out of a stone, once they have seen your I&E Breakdown. Even if they won the lawsuit the judge would apportion a monthly payment any way, according to your demonstrable means.
ARC's lawsuit is probably intended to concentrate your mind, and to establish you do not have a hidden treasure. Your threat of a counterclaim is designed to partially, only partially, spike their guns, so a negotiated ceasefire would seem the best outcome available.
If unbelievably ARC has written your £4,110 debt down to £290 and will confirm it in writing, then why not go along with them and solidify this generous writedown? Even at £20 a month you would have paid off £290 in 15 months, after which your huge debt would be legally cleared for ever.
Some time after the £290 final settlement figure has been agreed in Northampton Court or before the hearing, you would still have the option to reclaim unlawful charges separately, too late for Egg to rethink.
On the other hand if ARC's present £290 claim were a total mistake, then yourself making waves with a counterclaim of say £500 charges, so that ARC stands to collect £290 while Egg stands to lose £500, then the parties might be alerted to recheck and rethink their figures and might withdraw their claim for £290, substituting it with a claim for £4,110? £290 settlement would be a bargain, no point looking gift horse in the mouth. If you accept the gift first, there is time to look in the mouth later.
As I said this is a crossword without clues,
but good luck and hope your son goes from strength to strength.
Help please - Egg taking me to court!
and got into some difficulty paying it off. They started with the threats etc so I requesrted a true signed copy of the agreement which they did supply.
Reply With Quote
Re: Help please - Egg taking me to court!
