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.
It’s a long story but I will summarise, I need help to write something to court to get Egg - DLC request for an extension denied:
1. Egg started court proceedings against me for a loan
2. Egg POC stated an agreement that does not exist, never has (dodo's)
3. CCA/SAR Egg – did not get agreement stated in POC as expected
4. Looked a default notice I had received for loan mentioned in (2) even that was faulty and most important of all should never have been reported to CRA's
5. Court granted stay for us to work things out – wrote to the egg letting them know about my discovery and I even stupidly outlined my whole defence... I didn’t get a reply.
6. Applied for summary judgement – attended court with the egg solicitor ( 1st time in court was scared but loved it in a strange sort of way )
7. Judge gave order that they amend claim and POC to reflect correct agreement and gave them up till yesterday 12/09/2007 to file and serve new claim
8. Got letter today from DLC dated 12/09/2007:
“We have just been passed a copy of the Order dated 29th August 2007 made in xxxx.
Due to the deadline to serve an amended claim we will obviously have to instruct or solicitors to apply for an extension of time to comply with the order.
In the meantime we would suggest that both parties try to reach a settlement to avoid the need for further protracted Court action. As you are aware the Courts do encourage parties to converse with each other and we will notify them if we are able to reach an amicable arrangement.
Should you wish to speak to us (although we note you would prefer written contact) my direct line is xxxx.
Basically in their rush to ruin me they messed up BIG TIME.
As I said above I need help writing a letter to the court so they are NOT given an extension they have had loads of time to correct the claim for any debt that may have existed, they are playing silly buggers. Any advice as to my next steps would be appreciated also any details on how I can claim costs etc if they abandon the case etc.
Basically in their rush to ruin me they messed up BIG TIME.
As I said above I need help writing a letter to the court so they are NOT given an extension they have had loads of time to correct the claim for any debt that may have existed, they are playing silly buggers. Any advice as to my next steps would be appreciated also any details on how I can claim costs etc if they abandon the case etc.
Thanks in advance.
PM TomTerm, Laiste or Rory - one of them should get back to you
I'm not an expert so check everything I tell you, however click me scales if I've been useful.
Light travels faster than sound. This is why some people appear bright until you hear them speak.
There is no freemasonry like the freemasonry of Golf
Ok, so the good news is that I managed to crack the Egg.. now I want to smash the egg, the kind judge decided to strike out the eggs case after 2 application notices by me to get it struck out.
Basically the muppets couldn't comply with a simple and I mean simple order like file the cliam with the right agreement number (duh) maybe they couldn't do that because they were already in breach of contract with any other agreement I may have had with them.
Even though it never really went to trial, I would like to say that I think the DEFAULT NOTICE is very very important and if its issued wrongly as in my case they got the agreement no. wrong and the muppets start legal action based on this, then they are in repudiatory breach of contract.
I recommend that people read up on default notices and also repudiatory breach in contract law.
I would like to thank pt2537 for all the regs etc.
Now I need to get them to remove the defaults, get the PPI back for the egg card and loan... another battle I guess .
when you applied for their case to be struck out did you ask for costs? due to the claimants unreasonable behaviour?
the default should be fairly straight forward in these circumstances, if you need any help please let us know, there is case law that may be helpfull to you in this case
No, I didn't apply for costs its not to late is it? do I have to make another application notice? @£75 a pop their not cheap or can I just write to the Court and ask for it?
I am about to write Egg about the default etc and any info you can give me will be very welcome.
cant honestly remember, i have always included this in my letter to the court asking for the strike out where this is the case. to be honest, your not likely to recover much IMHO so it may be something to put down to experience
with regards the default removal, do you have a copy of the default notice they sent. ?
Where do I start... ok, so I think I have won it’s all done and dusted... read on.
So I do the natural thing and apply for costs, at costs hearing another Judge tells me that the court got it wrong and the files were filed in time (the order was to file and serve) I tried to explain this to this learned gentleman but no go, he gives a new order giving them more time to serve the amended claim (the muppets that are Egg don't even bother to show up to the cost hearing).
The egg hires new lawyers the dreaded drydens (I am sooo scared... no really I am they seem to know what they are doing), they serve the amended claim again out of time (yeah baby!!... well no).
By now we are all writing to the court to get their take on the matter and after 1000's of calls later to the court, hearing all kinds of things like it’s with the judge, it’s been stayed, we don't know where it is, its struck out, you will get a letter its being typed up, we can't find the file ... it really goes on and on. I finally got a nice person who faxed me a copy of a letter the court wrote to the lawyers, saying the claim is struck at as per blah blah blah BUT they can apply for an order to reinstate the claim mmm.
Today get a letter from Dry, guess what they are applying for the order above.
I believe I have a very good case against the egg but courts are strange places. I guess I may yet get my day in court.
If anybody knows the rules for applying for a reinstatement, i.e. what I can do to stop it, do they have a hearing, I would be grateful.
I will be detailing the case and issues in full and know I can count on your support.
Till the next instalment, I wish you all success in your endeavours.
Thanks, some really good advice in that thread, I can't wait to get a copy of their application(if the send it). It also seems that there will also be a hearing, I get to see what the muppets are made of
It would be simply amazing if the judge were to rule that your agreement is unenforceable (assume it's like the one I posted on my thread)
Am really mightily p1ssed off with Egg at the moment as just received the sh1tt1est letter I've ever seen from a Financial services company (that's about a credit card PPI complaint - I'll be starting a new thread in due course).
So let's hope you do manage to really smash the w@nkers!
It would be simply amazing if the judge were to rule that your agreement is unenforceable (assume it's like the one I posted on my thread)
Am really mightily p1ssed off with Egg at the moment as just received the sh1tt1est letter I've ever seen from a Financial services company (that's about a credit card PPI complaint - I'll be starting a new thread in due course).
So let's hope you do manage to really smash the w@nkers!
The reinstatement hearing is next week, I don't plan to oppose it but rather ask the court to award cost to me for time wasted, to rule on the enforceability of the contract and allow me to counterclaim (I will be going for damages for PPI).
Egg don't want to remove the DN and I have made it clear that it is a requirement of any compromise so it would be a massive climb down if they offer anything for me to keep quiet about their dodgy contract .
Like I say I am not taking anything for granted, if they were to make an offer which included the DN being removed I would take it, Courts are funny places, anything can happen
I guess if what we read on the Multiple Agreements thread has ANY chance of being true then Egg are probably pooing their pants about thousands of their agreements being unenforceable. They are probably worried about courts being funny places too!
If you do end up signing a confidentiality agreement then I hope you will come back on here to say you can't say anything, not just disappear!
Ok, so I get home today and guess what? drydens have sent a letter to me and the court asking for the reinstatement hearing (RH) to be heard at the same time as their application for summary judgement (SJ), basically the RH is supposed to be on the 23rd Jan, they want it heard mid Feb with the SJ, they would also like me to write to the court if I agree.
The RH is just 7 days away... mmmm I wonder whats going on?
Oh maybe its the recent letter I sent them (2 days ago) that I would be seeking the courts declearation on the enforceablity of the contract provided... maybe?
I guess if what we read on the Multiple Agreements thread has ANY chance of being true then Egg are probably pooing their pants about thousands of their agreements being unenforceable. They are probably worried about courts being funny places too!
If you do end up signing a confidentiality agreement then I hope you will come back on here to say you can't say anything, not just disappear!
I've just found this thread and my agreement is the same with a few extra dodgy bits. I'm really interested at to how this turns out. Best of luck!
Ok, so I get home today and guess what? drydens have sent a letter to me and the court asking for the reinstatement hearing (RH) to be heard at the same time as their application for summary judgement (SJ), basically the RH is supposed to be on the 23rd Jan, they want it heard mid Feb with the SJ, they would also like me to write to the court if I agree.
The RH is just 7 days away... mmmm I wonder whats going on?
Oh maybe its the recent letter I sent them (2 days ago) that I would be seeking the courts declearation on the enforceablity of the contract provided... maybe?
I sent a fax to the court (also a copy to drydens) saying that I agree and also asking for the courts declaration on the enforceability of the contract.. based on part 18 etc.
I received a letter from the court yesterday saying that the hearings will be heard together on 17th feb (the judge had already decided before I had sent my letter ).
I received about 4 letters from drydens today saying basically the same thing that the hearing had been moved (they prob charge Egg per letter).
Ok, so both applications are going to be heard on the 17th Feb.. less than 2 weeks away!!!!
I have today received the witness statement loads of blah blah... they are reallyy gunning for me look at this qoute below:
"It has only been since the Claimant began taking steps to recover the full balance due as a result of the Defendant's default under the Loan Agreement that the Defendant has raised issue with the validity of the Loan Agreement. The Claimant is of the opinon therefore that this allegation has been raised by the Defendant to avoid the repayment of the outstanding debt he is clearly liable for"
This puppy is going all the way.. this weekend I am sleeping in the law library.. I need to really argue this multiple agreement properly.. I also need to file and serve by next tuesday (I think the CPR requires that?)
I am shi**ting bricks but I will give it my all.
I need all the help I can get... can anybody tell me what they think of this quote from the witness statement:
"The Defendant returned the signed Loan Agreement to the Claimant on or around 25 April 2004 and, having completed the necessary checks, the Claimant completed the Loan Agreement on or around 27 April 2004. In accordance with the terms of the Loan Agreement, a total advance of £xx,xxx.xx was granted under the Loan Agreement number xxxxx, the account number having been allocated once the Claimant had received all the required documentation from the Defendant"
I feel that this is a very serious statement, these are my thoughts:
1. s59 of CCA Agreement to enter future agreement void
2. They have already signed the agreement, so the agreement was excuted when I signed it or was it?
Egg - DLC final straits / SETTLED
- DLC request for an extension denied:
I didn’t get a reply.
)
Reply With Quote
Originally Posted by e_inspired
after 2 application notices by me to get it struck out.
.
lucky 
. 
).