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I have received a court summons from Northampton cc today. The Claimant claims 291 pounds such sum being part of a debt due under an agreement whereby the defendant agreed to pay the claimant 6417. For the avoidance of doubt in making this claim for a part of the debt the claimant does not wave any rights as to the balance of the debt which the defendant continues to owe to the claimant under the agreement. Why have they not asked for the whole amount? I have just received my SAR information this week I had been waiting since June! Egg had passed this on to another company and they wrote a couple of letters to me. I rang them(withholding my number) and told them the account was in dispute. Then I got a letter from a differant company telling me I had untill 23rd August or they would start court proceedings.Sorry this is so long but Please can anyone advise me what to do now!
Presumably they are using Bryan Carter to go after you. Firstly send this to BC and copy it to the court. This has worked well before. Obviously you'll need to tailor it to suit your circumstances and you'll need to acknowledge service saying you'll defend:
Dear Sir
In the XXXX county court
(CLAIMANT) -v- (YOUR NAME)
Claim Number: (CLAIM NUMBER)
REQUEST FOR FURTHER INFORMATION
I have today filed the Acknowledgement of Service (copy attached) in order that I may file my Defence to these proceedings in due course. By my calculations this must be filed and served no later than 4.00pm on (28 days from the date you received the court claim). However, before doing so, I take the view that your pleadings are not entirely clear and as such, do not appear to disclose any reasonable cause of action against myself. Although this matter may be suitable for the Small Claims Track the purpose of this letter is to make a request for some additional information in order to fully understand your claim and how it is calculated.
I note in your pleadings that you are claiming (alleging) that an amount of £AMOUNT is ‘part of a debt due under an agreement number (AGREEMENT NUMBER)’, and also that I ‘agreed to pay the Claimant £(TOTAL)’ – however you do not provide details of how you have reached these amounts, nor any information, or a copy of this ‘agreement number (AGREEMENT NUMBER)’ you refer to.
In light of this, can you please provide me with the following:
* A true copy of the alleged agreement you refer to.
* How you calculate the sum of £(AMOUNT)
* How you calculate the sum of £(TOTAL)
We would be grateful if you would respond within 21 days of the above date.
In the event that I do not hear from you at the end of this period, I may apply for your Claim to be struck out on the grounds that it does not disclose any reasonable cause of action against me, together with an Order for Costs in the Defendant’s favour. I trust that you will note this particular point.
In any event, kindly acknowledge safe receipt of this letter.
Hi,
I agree with you POET, the POC is a BC&Co template.
I found out from my old C1 S.A.R - (Subject access request) that usually the original creditor has no knowledge it has gone to court. This is BC&Co enforcing their "cut". Hence only a part claim.
I don't know the legalities or consequences of starting court proceedings without consent. Especially as solicitors cannot act of their own free will by bringing a claim.
Thanks for replies! Yes it is Bryan Carter that has issued this. Egg have sent me my CCA and SAR. The CCA is signed by me and is 2 pages like others I have seen on here. The SAR shows about 250 pounds of charges and over a thousand pounds PPI that was stopped last year as I didnt ask for it and it has been applied since I took out the card in 2003. Do you still think I should send the above letter?
No. Counterclaim over the mis sold PPI. That will wipe their part claim out. Also ask why exactly are they claiming only part of the amount and reserving the right to keep taking you back to court for more. Contend in you defence that this is an abuse of procedure. They will probably back off if you do this. PM tomterm8 and ask if he can help draft a defence for you.
Hi,
I agree with you POET, the POC is a BC&Co template.
I found out from my old C1 S.A.R - (Subject access request) that usually the original creditor has no knowledge it has gone to court. This is BC&Co enforcing their "cut". Hence only a part claim.
I don't know the legalities or consequences of starting court proceedings without consent. Especially as solicitors cannot act of their own free will by bringing a claim.
Very interesting - I wonder if you could mention this in a defence. That should definitely be reported to the Law Society.
can you scan your agreement, remove personal data and post it to http://www.consumeractiongroup.co.uk...ceability.html ? I am interested to see what peterbard says about it. I've always had the feeling these Egg agreements are unenforcebale, but have never quite come to the conclusion of why.
i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.
The Agreement says..... Credit Agreement regulated by the Consumer Credit act 1974 myname their address limit; we will tell you from time to time the approved limit we have set etc. We will charge interest on purchases and balance transfers at a monthly rate of 1.093 Unless you are an existing Egg customer we will charge a handling fee of 1.25 for each cash advance The apr for cash advances is 16.3 we charge a handling fee for each credit card cheque It then goes on to say about repayments. On 2nd page Yous should read your rights, and loss or misuse of egg card It is signed by me then Az alibhai No mention of PPI
Linz, what you have posted is a a fixed term agreement (i.e. loan agreement); the statement of protection on the second page suggests that the first and second page are not linked, since it is a statement of protection that is normally found only on running credit agreements.
Further, your agreement - as a fixed term agreement - doesn't contain the total charge for credit prescribed term, and I believe that may render it void as unexecuted.
i would suggest PMing peterbard, and seeing what he thinks. if possible, could you CC me on the PM, since I would also be interested in the matter.
what the OP has posted so far sounds more like running credit (i.e. credit card agreement. Can the OP confirm that the agreements are identical.
i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.
Well, whadda ya know? Been looking through the statute law, and found the little gem:
s35 of the County Courts Act 1984 states “ It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.”
i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.
Well, whadda ya know? Been looking through the statute law, and found the little gem:
s35 of the County Courts Act 1984 states “ It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.”
County Court Summons From Egg
information this week I had been waiting since June! Egg
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Originally Posted by malaga1
