Thread: uptoeyeballs v Egg credit card CCA

Just got my agreement back from a s77/78 request.

Poor quality, but looks like others that I believe are unenforcable.

Comments please!

Thanks!

http://i655.photobucket.com/albums/u...GG_CARDA_1.jpg

http://i655.photobucket.com/albums/u...GG_CARDA_2.jpg

I think the answer is there is a case to go for this as unenforceable.

That being the case I'm not sure where to go next as my situation is different from the others I've been following.

1. Egg got a CCJ in 2006 and I'm unsure if it was by default or I admitted it.

2. Egg then got a charging order that I didn't challenge as at the time (Grrrr) I thought this was normal!

I'm guessing I need to tell Egg that the agreement is unforceable and then apply to the court for set a side out of time in the light of the new "evidence" and that the court was not orignally entitled to grant the order.

Is that ok or am I in a hopeless hole with this one?

Originally Posted by basa48

The court may agree to set aside the Default judgment if you did not send in a reply form within the time limits if it thinks you have real chance of a successful defence to the claim.

Thanks basa48.

I've just found a thread where this was done, so reading my way through at the moment to understand it better.

Do I tell Egg now or will they just respond to the set aside? :?

do u have the original judgment?
do u know if it is default, under admission etc?

Originally Posted by r&b

do u have the original judgment?
do u know if it is default, under admission etc?

I've asked the court to send me the documents they have, but I fear this was admitted.

well if so, im trying to find the correct procedure for such an eventuality. it seems you may need to apply to the court to remove your admission and either appeal or take a fresh action to overturn the judgment based on the new evidence.
if im able to garner any further knowledge on this ill be sure to let u know. i did start a thread but to no avail at the moment may be worth keeping an eye on tho:
http://consumeractiongroup.com/forum...n-default.html

Originally Posted by r&b

if im able to garner any further knowledge on this ill be sure to let u know. i did start a thread but to no avail at the moment may be worth keeping an eye on tho:
procedure on challenging non default judgments - The Consumer Forums

Thanks and I'll sub that thread.

should that advice be followed by people who have the same CCA?

Originally Posted by sorrylittlelot

should that advice be followed by people who have the same CCA?

this is an issue dealing with setting aside a judgment already in place. its not relevant to having an uneforceable CA.

oh, so what is the procedure for an unenforceable cca?

Originally Posted by sorrylittlelot

oh, so what is the procedure for an unenforceable cca?

do u have a thread rather than hijack UTEBs?

I wasn't hijacking I was asking for clarification as others may misunderstand the thread like I did.

All apologies.

Originally Posted by sorrylittlelot

I wasn't hijacking I was asking for clarification as others may misunderstand the thread like I did.

All apologies.

No worries sorry littlelot.

Have a read through this if you haven't already:
http://www.consumeractiongroup.co.uk...ents-what.html