Hi all, I wonder if someone can tell me what to do next! I got into money problems latter part of last year. I did an income and expenditure plan which I put in place in February 09 working out what i could afford to pay and have agreed plans with most of my creditors. The only BIG pain i seem to have is Drydens acting on behalf of Egg Banking for a loan (the biggest of all my debts!!!).

They've gone straight for court action - not even wanting to discuss my offer. However, I do not agree fully with the amount on the summons!

I phoned the court and told them this as Drydens do not seem to have taken off what I have been paying to them or Egg previously and i'd already queried Eggs figure as it kept changing so on the advice of the court i'd asked for a breakdown. The lady at the court said i should do this (Northampton) and that i should defend the part that i thought i had overpaid, admit the rest and ask for time to pay based on the plan i had already submitted to Drydens!!

I registered my Ackknowledgement of Service and wrote to Drydens (registered post) asking for the breakdown to their figure to enable me to prepare my defence. I gave them 2 weeks (which ends today) and my 28 days is up on Friday. They have not replied so without the breakdown I am unclear on what to do next. Obviously I have to enter something by Friday or i'll be in trouble with the court!!

Any ideas on what I should do?

Thank you,

M and M

Hi all, I wonder if someone can tell me what to do next! I got into money problems latter part of last year. I did an income and expenditure plan which I put in place in February 09 working out what i could afford to pay and have agreed plans with most of my creditors. The only BIG pain i seem to have is Drydens acting on behalf of Egg Banking for a loan (the biggest of all my debts!!!).

They've gone straight for court action - not even wanting to discuss my offer. However, I do not agree fully with the amount on the summons!

I phoned the court and told them this as Drydens do not seem to have taken off what I have been paying to them or Egg previously and i'd already queried Eggs figure as it kept changing so on the advice of the court i'd asked for a breakdown. The lady at the court said i should do this (Northampton) and that i should defend the part that i thought i had overpaid, admit the rest and ask for time to pay based on the plan i had already submitted to Drydens!!

I registered my Ackknowledgement of Service and wrote to Drydens (registered post) asking for the breakdown to their figure to enable me to prepare my defence. I gave them 2 weeks (which ends today) and my 28 days is up on Friday. They have not replied so without the breakdown I am unclear on what to do next. Obviously I have to enter something by Friday or i'll be in trouble with the court!!

Any ideas on what I should do?

Thank you,

M and M

Hi MandM,

Hopefully someone more knowledgeble will be along soon.

Did you request information under CPR?

Take a peek over here - I think it will give you an idea on an approach:

http://www.consumeractiongroup.co.uk/forum/legal-issues/213668-restons-mbna-county-court.html#post2349178

Come back for advice from someone before proceeding!

What they will do is atempt a charging order on your property.

Egg will be ruthless and act fast.

However request your signed agreement and get it scrutinised.

if it was taken out around 2003-2005 it could be lucky as it could proove to be unenforcable.

Get it and post it on here for us to look at ?

Needles to say do not let any personell details be seen.

Thank you uptoeyeballs.

I haven't requested information under CPR. Is it too late to do so? If not, would I request this now from Drydens or am I asking it anyway by way of submission of my defence?

Took a look at the link you provided and it does seem to ring true. They have not substantiated their claimed figure and have not attached any copies of written agreement to their claim. I will look again at the court papers when I return home this evening and just double check to see if the 'defence' wording' covers al the boxes for me.

M and M

Hi Swift Eater,

My agreement is only about 15 months old I believe. I assume that they'd got the hang of them by then or is it still worth putting it up? And if I ask for it now how will that affect the court side of things as reading the court papers i have until Friday to submit my defence. Or can I lengthen that period still further i wonder as Drydens haven't bothered to reply to me!!

I do have another thread runniing on here which seems to be developing more towards a defence (my cock up - 1st time on here lol!!). But i'm getting the hang of it.

Not clever enough yet to know how to link the 2 together lol but i'll get there

MandM

If drydens don't send any information before, say, next week, you will have to put in an 'embarassed' defence with the request to the court that you be allowed to submit a revised defence if and when they do come up with the required information.

You don't need to request information under CPR ATM, reserve that for later.

Example 'embarassed' defence:

In the XXXXXX County Court

Claim Number XXXXX

Between

 

XXXXXXX - Claimant

 

and

 

XXXXXXXX - Defendant

 

 

-----------------------------------------------------

 

DEFENCE

 

-----------------------------------------------------

 

1. I XXXXXX of XXXXXXXXXX am the defendant in this action and make the following statement as my defence to the claim made by XXXXXXXX

 

2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

3. The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters:

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to; the method the claimant calculated any outstanding sums due, or any other matters necessary to substantiate the claimant's claim.

 

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

4. Consequently, I deny all allegations in the particulars of claim and put the claimant to strict proof thereof.

 

5. The Defendant denies that the Claimant is entitled to any of the relief claimed or at all.

 

6. The Defendant respectfully requests the leave of the court to amend this defence if and when the Claimant provides sufficient information for the Defendant to do so.

 

I xxxxxx believe the facts contained in this defence to be true

Steven, you're a hero! I have looked at the wording in the Defence and it seems to fit perfectly. It looks like the right route to take under the circumstances. In the meantime, I intend to learn as much as I can about CPR and ATM in readiness for the next stages!

Sorry, ATM = At The Moment, CPR = Civil Procedure Rules (CPR - Rules and Directions - Ministry of Justice)

Gotcha lol. But thank you for the CPR link. Gives me a bit of useful bedtime reading

Gotcha lol. But thank you for the CPR link. Gives me a bit of useful bedtime reading

Am I!!! But feeling a lot better having read my way around this site lol. I will keep you well informed as I continue.

Write to Egg and Drydens asap and cc to the court.

Sent it recorded delivery so it gets there for Friday.

In the letter dispute the enforcability of the agreement......

Or you can go to court ( I would recomend this ) and make a veried offer of what you can afford to pay £10 a month is aceptable or less if you are in recit of state benifits.

If I submit the 'embareassed defence' do i still submit to Drydens what I believe to be a reasonable offer of payment at the same time? I had already forwarded on to Drydens copies of previous corresponance with Egg including my income/expenditure calculation sheet and i'd be prepared to stand by that figure should they choose to accept it. I offered it previously to Drydens but they chose not to talk and go straight to court - obviously seeking a CO against my property!

If I submit the 'embareassed defence' do i still submit to Drydens what I believe to be a reasonable offer of payment at the same time? I had already forwarded on to Drydens copies of previous corresponance with Egg including my income/expenditure calculation sheet and i'd be prepared to stand by that figure should they choose to accept it. I offered it previously to Drydens but they chose not to talk and go straight to court - obviously seeking a CO against my property!

I would say you wouldn't get into discussions about payment at this point.

They need to prove that they are entitled to the money first and that would require them to produce the documents you've asked for.

Have you asked for a copy of the original agreement?

I haven't yet. I'd only asked them for their build up to the figure that they are claiming. Luckily I sent the letter recorded delivery too so I can prove it as I have the tracking record! I will file the defence and see where we go next.

I'm wondering I need to amend the defence slightly to include this point in part 3a of the defence wording so kindly provided by Steven (above).

Hi all, especially Swift - thanks for your advice. On the basis that they haven't replied to my letter asking for a full breakdown to how they have arrived at their figure i'm going to submit an 'embaressed defence' on the advice of another very helpful chap on here. Seems a good tactic to stall them for sometime while i get to grips with a strategy.

As I've posted on other threads: make them prove you owe them the money; make them prove you owe them the money;and make them prove you owe them the money.

OK. Defence submitted!!! Is there anything else I should be doing in the meantime or do I just wait now?

OK. Defence submitted!!! Is there anything else I should be doing in the meantime or do I just wait now?

I think that's the case. The court will notify Drydens of the defence and they decide whether to continue or not.

Assuming everything's on then it's the Allocation Questionnaire next.

Have a look over here for an example one where you still don't have the agreement etc:

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

The idea being to force them to produce the documents, or better still, not!

can someone just help me out with reference to norhtampton bulk centre

i uunderstand that the claimant need not supply the docs referred to in the POC

but how do we get round this in submitting an embarrased defence?

thanks

When you get the AQ you put in draft orders for directions - basically a draft order for the court to make compelling them to give you the documents.

OK. The AQ (form 150) has now turned up! Also been moved to my local court. So looks like we're moving now. I'll read the link above from Uptoeyeballs and check that it all fits my situation OK. Anything else I should be doing?

When you get the AQ you put in draft orders for directions - basically a draft order for the court to make compelling them to give you the documents.

thanks, and theoretically should i be able to log into their site and download the docs which i presume the creditor should have uploaded when issuing the summons?

Have a look at http://www.consumerforums.com/resources/templates-library/48-bank-templates/125-allocation-questionnaires-a-guide-to-completion-

Draw up some draft directions using the ones there as a model (they are for a different situation but should give some ideas)