Countrybake Vs Egg (CC)

**countrybake** · 21st September 2006 11:23

hi all i thought i would post an uptodate progress report for others and also a diary for myself

i sent a S.A.R. off on the 15/8/06 they recieved it on the 17/8/06 they sent an ID request on the 25/8/06 this was sent back on the same day they have until the 26/9/06 to comply no correspondance as of yet.

i sent a CCA just to see if they do have my credit agreement on the 17/8/06 they sent it on the 22/8/06, oh well

anyway i wanted to get the ball rolling so i sent a years worth of charges £200 + PPI icon

which took 8 months before it paid out resulting in a default and an extra £900 so total £1100 + default removal, prelimary letter sent 4/9/06 recieved 5/9/06 lba icon

sent 19/9/06 not recieved as yet (this always happens with recorded delivery and then i have to pay £4 for special) N1 filing due approx 4/10/06.

Similar Threads:

**angry cat** · 26th September 2006 17:44

Good Luck!
AC

**countrybake** · 27th September 2006 11:46

i have today received the statements and history

!WORK IN PROGRESS!

**countrybake** · 5th October 2006 01:23

update N1 money claim plus PPI icon

plus Default removal going in today 5/10/06 for £1215.30 i will keep you all informed

**angry cat** · 5th October 2006 09:06

Good Luck
AC

**countrybake** · 5th October 2006 11:26

thanks angry cat

**countrybake** · 6th October 2006 00:45

i am filing papers today now no time yesterday

**countrybake** · 14th October 2006 16:49

Notice of issue received today deemed served 15/10/06,
they have until 30/10/06 to reply and then 28 days for filing a defence would be 12/11/06

**countrybake** · 21st October 2006 13:41

Acknowledgement received today on 19/10/06 28 days from service is 12/11/06

**countrybake** · 22nd October 2006 20:37

litigation in progress here

HUSBANDKHAN · 22nd October 2006 21:02

good luck !!!!!!!!!!

**countrybake** · 1st December 2006 00:41

aq

's taken to court on the 27th deadline and a copy sent to Egg icon

**countrybake** · 12th December 2006 17:34

update on my case i sent a copy of the aq icon

to Egg

and asked if they could acknowledge safe receipt and forward a copy of theirs 2 weeks ago now and they have sent nothing back the ignorant people.
anyway just to let you all know i will not stop proceedings until i have every penny off them and also the default their is no tempting offers they could give me as i have already received over 8k from 6 differant banks, so if the legal section at egg happen to read this then stop waisting time and pay up i will get it eventualy tick tock tick tock.
everyone please stick with your full ammounts you will get it eventualy some banks paid me in just 1 month others are a longer wait like ltsb icon

and RBS easy ones are HSBC icon

and A & L and Smile.

thanks countrybake

**countrybake** · 23rd December 2006 18:31

hi all an update on my case i have had a general form of judgment or order today from the courts

it says:
upon the courts own motion. the court has made this order of its own initiative without a hearing. if you object to the order, you must make an application to have it set aside icon

, varied or stayed within 7 days of receiving it

IT IS ORDERED THAT

1. the POC icon

are sufficiently clear tha the defence should fully plead to them pursuant to CPR 16.5.

2. the defence is struck out.

3. unless the defendant by 4:00pm on the 9th january 2007 files a full defence the claimant shall be at liberty to enter judgement on the claim and interest icon

and fixed costs.

Now then i like the sound of this letter just before xmas, i wonder if the legal department of Egg icon

is open over xmas as they have only got 7 days to set aside the order and as the court is closed untill the 2nd jan they don't have much chance of fulfiling that request, oh well.
Is this a normality to happen and what usualy happens next
thanks countrybake

**Joa** · 24th December 2006 16:30

Wow, countrybake, congratulations; you seem to be causing a stir, a headache for the Egg icon

"legal eagles". the judge also seems to have his head screwed on properly; no faffing about : THE DEFENCE IS STRUCK OUT. Whoopieeee!

**countrybake** · 24th December 2006 20:18

chears joa i do not know what it realy all means but it does sound good.
does anyone know what the CPR 16.5 part is all about
thanks CB

**countrybake** · 24th December 2006 20:34

I think i have found something please correct me if i am wrong.

The Defence does not comply with CPR 16.5, in that when denying an allegation it doesn’t provide the Defendant’s reasons for doing so and doesn’t provide an alternative version of events. Furthermore, it is the case of the Claimant that the Defendant cannot deny an allegation without providing an alternative explanation/view on the matter in question.

**countrybake** · 24th December 2006 20:36

no this is the lot the job lot no need to correct me now because i am right.

Content of defence 16.5 (1)In his defence, the defendant must state –
(a)which of the allegations in the particulars of claim he denies;
(b)which allegations he is unable to admit or deny, but which he requires the claimant to prove; and
(c)which allegations he admits.
(2)Where the defendant denies an allegation –
(a)he must state his reasons for doing so; and
(b)if he intends to put forward a different version of events from that given by the claimant, he must state his own version.
(3)A defendant who –
(a)fails to deal with an allegation; but
(b)has set out in his defence the nature of his case in relation to the issue to which that allegation is relevant,

shall be taken to require that allegation to be proved.
(4)Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation.
(5)Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.
(6)If the defendant disputes the claimant’s statement of value under rule 16.3 he must –
(a)state why he disputes it; and
(b)if he is able, give his own statement of the value of the claim.
(7)If the defendant is defending in a representative capacity, he must state what that capacity is.
(8)If the defendant has not filed an acknowledgment of service under Part 10, he must give an address for service.

(Part 22 requires a defence to be verified by a statement of truth)

(Rule 6.5 provides that an address for service must be within the jurisdiction)

**mcuth** · 6th January 2007 00:14

Originally Posted by countrybake

The Defence does not comply with CPR 16.5, in that when denying an allegation it doesn’t provide the Defendant’s reasons for doing so and doesn’t provide an alternative version of events. Furthermore, it is the case of the Claimant that the Defendant cannot deny an allegation without providing an alternative explanation/view on the matter in question.

Yup, as you've seen, that's entirely correct

Sounds like your judge is well & truly switched on - will be interesting to see what Egg icon

Legal do next!

BTW, not sure whether Egg Legal worked over Xmas/New Year, as my last letter to them was delivered on 22nd Dec and I'm still awaiting response (or rather, my cheque

)

Cheers

Michael

**countrybake** · 6th January 2007 15:49

chears mcuth
i think i have a package from them as i was not in and have a recorded delivery sign for to collect on monday.
probably a big defence this time not like there one liner on the aq icon

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