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aj_smith68

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About aj_smith68

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  1. Egg beaten! Having not heard from anyone for a while following mediation decided to follow up call the mediators. They have since told me that Egg wrote to the court on 5 May ending their claim and saying the dispute is now settled. I am in the process of contacting the court to get a copy of this letter for my file. But a good result anyway. Thanks for all the help and advice people gave me. I will post update of contents of letter when I receive it.
  2. If you are going to talk down to people at least get things correct. The section clearly states that it is void if it is inconsistent with a provision. That is not the same as saying something is valid as long as there is no provision in statute which forbids it. You seem to be confused on this matter. edited
  3. Hi Toymaker Apologies for delay. Recently underwent telephone mediation which was a joke. Solicitors acting were not prepared, had not read my defence stating they had no knowledge of something contained within it. They did not tell the middle man they had terminated my agreement twice. They have no record of a default notice only screen shot saying it was sent. They also cannot provide evidence of a second termination letter. Both documents requested by court and neither provided. Interestingly, I asked what their response was to the fact that the agreement had been ended and they cannot
  4. **UPDATE** Looks like the letter they sent out with all the statements was a computer generated thing because now they have sent out a letter thanking me for my recent correspondance and saying that the account is now on hold and that they are going to contact Egg for further instructions. If they do not press forward with the court before the 28 days expire it will be stayed by the court tho? As I understand it....? Anyway, wait and see what comes of it...and will update people as I get responses. Any further advise is still welcomed. Still need to look into getting a char
  5. **UPDATE** Looks like the letter they sent out with all the statements was a computer generated thing because now they have sent out a letter thanking me for my recent correspondance and saying that the account is now on hold and that they are going to contact Egg for further instructions. If they do not press forward with the court before the 28 days expire it will be stayed by the court tho? As I understand it....? Anyway, wait and see what comes of it...and will update people as I get responses. Any further advise is still welcomed.
  6. Have now received allocation questionnaire from court. Urgent advice required please. What do I need to do? Do I have to ask Bryan Carter to provide documents to me such as copy of agreement? Do I ask them for copy of the letter terminating the agreement? Or shall I send them a copy? Or does it need to be attached to the allocation questionnaire? Thanks
  7. Have now received allocation questionnaire from court. Urgent advice required please. What do I need to do? Do I have to ask Bryan Carter to provide documents to me such as copy of agreement? Do I ask them for copy of the letter terminating the agreement? Or shall I send them a copy? Or does it need to be attached to the allocation questionnaire? Thanks
  8. ***UPDATE*** So I put my defence in as suggested by Toymaker (thank you for all your help) and got letter back from the bulk centre saying that I could now negotiate with BC/Egg and if they do not pursue the claim within 28 it is stayed and they will need permission from the court to pursue the claim at a later date. I sent the letter suggested in relation to both cards I have, amending one slightly to accomodate for the fact they have not yet tried to take one to court. I have had a response (automated, clearly..) which I am not sure it is in direct response to my letter...it is dif
  9. ***UPDATE*** So I put my defence in as suggested by Toymaker (thank you for all your help) and got letter back from the bulk centre saying that I could now negotiate with BC/Egg and if they do not pursue the claim within 28 it is stayed and they will need permission from the court to pursue the claim at a later date. I sent the letter suggested in relation to both cards I have, amending one slightly to accomodate for the fact they have not yet tried to take one to court. I have had a response (automated, clearly..) which I am not sure it is in direct response to my letter...it is dif
  10. They have not offered an explanation beyond the usual credit profile blah blah. They allege that a term in their t&cs allows them to do this. I repeatedly asked what aspect of the CCA allowed them to do this and they point blank refuse to answer the question. It was at this point they refused to discuss the matter any further. There was no default from me as DD was set up. They only defaulted me after they terminated the agreement and I refused to pay as there was no longer a binding contract in place. Has anyone else received a claim form like this under the same circumstances?
  11. M I havent replied to anything yet I was going to do it this evening. I gather that once I state my intention to defend and reason this is then sent back to Egg for them to consider their position, which I believe they have 28 days to do. I am literally going to do that tonight I just have to check the exact date of the termination letter from Egg. Date of claim is 27 May 2010 so I have effectively 19 days from that date but am going to submit it earlier. I am still unsure whether this is a fishing expedition from BC, hoping that I will not defend as I have not acknowledged their correspo
  12. No it went to Fredericson International and then straight to Bryan Carter.
  13. Hi everyone, I have tagged onto an older post and already had some good advice but looking for a bit more information and advice from people who may have already been through what I have. In a nut shell, I was one of the 160k of people who had their agreements terminated by egg, not in default. I have two cards with egg. I complained to them on a number of grounds: 1. They couldnt terminate it 2. If they had they forfieted all rights 3. About PPI In relation to point one and two my complaint was dealt with by their highest complaints dept and the chief execs office. I c
  14. Toymaker what happened in your case as you say that you are in the exact same position. Did you get court claim forms? If yours has not gone to that stage how did you avoid it? I still have a second card which I am sure they are likely to try the same tactic with. What should I be doing now to try and avoid a similar situation? Does anybody think that Bryan Carter are aware that these cases they are trying to take to court are for terminated agreements? Any repiles will be gratefully received. Thanks
  15. OK, thanks everyone. This really helpful and reassuring. So has anyone actually responded to a claim form yet and had the outcome? Anyone got a word for word response I can use that has already been 100% successful. What I dont want is to respond to it and it to go away for a bit, then for them to come back in another 6 months and try again? How can I get them to clear the account and clear my credit file? Or am I asking for too much.....? Given I have a second card that will be in a similar situation (although I ahve not yet been served with court papers yet) what should I do to nip
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