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plucked chick

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  1. :pEgg and their DCA have "come to a commercial decision" after weeks of the DCA giving me a further five days six times over to sign my rights away with a Tomlin Order when they did not or could not follow court directions for the default notice, cca and notice of assignment etc. They kept saying "you must sign this Order so that we can tell the Courts we have accepted your offer" I was very suspicious as I returned a letter saying that if they had accepted my offer then I did not have to sign anything especially as the Tomlin Order increased payments 100% each year and if I missed a payment t
  2. Is anyone out there today as I have just filled in my N244 requesting that the claimants statement of case be struck out without further order as they did not comply with the District Judge's order - my very urgent question is do I have to supply any copies of anything with it or is it sufficient that they have not complied????????????????????????
  3. Hi, When should I do an N244 - I have a court date for the hearing on 3rd July and any further evidence to be in by 9th June. It appears that they have not provided any of the documentation that the judge asked them to provide by the 12th April so it could be seen on the 14th April by the judge. A court date has still been sent though. I did try and do an N244 when I took my AQ in but the girl behind the desk said I couldn't do that yet???
  4. Hi CB, I also received a letter from DCA this morning saying that they are disappointed that I have not replied to their Tomlin Order and given an absolutely final 7 days (third 7 days). Typed recorded delivery when it wasn't and giving a a copy of the Court Order confirming the court date and threatening that there will be significant costs should I let this go to Court. My question is that would I have received copies of papers that they had to get to the Court by 12th April which was on the Draft Directions in my AQ? or will I have to approach the Court to find out? Also do I do my
  5. Hi there guys, Well its sort of going okay but when I took my N244 in with the AQ the girl at the desk said I could not do that now and would have to wait until I had a date? Which is why I was asking the ? as to whether to try and put it in now - any thoughts? Whilst cagging thought I would post this - I don't know what peeps will make of this but I have eventually got a reply from Ministry of Justice through my MP on the loophole that some lenders are using to get a charging order with the ccj - this reply either says a lot or the usual blah blah - but it might pull weight with so
  6. Hi guys, Manythanks for that here goes:- http://www.consumeractiongroup.co.uk/forum/legal-issues/175975-help-please-scared-now.html PC
  7. Hi guys, Sorry to be a thicky but how to I put the link from the other thread to here? pc
  8. Hi guys, Many thanks for the replies - have only just managed to persuade my 'puter to say "yes" to working as it decided it had lost the desktop. The main thread I will post when I work out how to link - I will just go and look at how to post the link. Would I have received any copies of any documents (if any) that would have gone to the court. The Tomlin offer only gave me 7 days from the date of the letter to reply - its been fourteen and they have wrote to me on Friday to ask me to reply? They do not have a DN only a template of one to show me what it would have looked like as I d
  9. This is a bit of an up date on Egg (Drydens) - I wrote and thanked them for their Caldebank Offer which unfortunately I could not accept. They have now written with a "Tomlin" offer - can someone tell me what a Tomlin offer is I guess its a pre court settlement offer? They are putting very harsh clauses in regarding increasing payments and the right to go "for the jugular" if I am a day late with a payment? I haven't heard anything from the Court regarding whether or not they put in their documents that the judge asked them to produce by the 12th April but I have got a date of the 3rd July.
  10. Many thanks Nicklea, All I have really is letters and replies to the letters that they have sent and a copy of a letter from The Ministry of Justice saying that regarding the question of charging orders on unsecured debt that my MP wrote to them about - that no decision has yet been made on implementing this. I was going to include that as DCA are trying to go for a charging order at the same time. Does that sort of correspondence go in the amended defence or as documents as all I had thought of is challenging the validity of their CCA as there is another persons na
  11. Is an N244 appropriate or should I wait and see if they can produce the documents as in the Draft Directions I requested that it be struck out if they cannot produce the documents - I did try and do one at the same time as my AQ but the DWP did not send me proof of income support in time?
  12. Hi there Nicklea, Looking at the Notice of Allocation to the Fast Track it doesn't but when I took my AQ in with the extra bits of defence in the court office she said I would have to file these again when I did my amended defence? What do I have to send in my the 9th as it says there shall be standard disclosure of documents by list.... to include? The DCA have sent a "Calderbank" offer but only given me seven days to reply. Am I just in a general state of panic - so maybe like you say its the "There b simultaneous exchange of witness statements of fact by n
  13. Hi there anyone, Maybe there is a template for this sort of amended defence? I have been looking through the threads to see but have exhausted myself with it and still my page has only got as far as IN THE COUNTY COURT etc......ahhhhh me brain is all fuddled with panic.
  14. Oh course sorry see what I mean I cannot think straight. I sent in my AQ in January with some wonderful help from here with Draft Directions which have come back There shall be a standard disclosure of documents by list by no later than 4.00. p.m. on 12th April, 2009 to include:- Claimant's copies of the Credit Agreement and any documents referred to within it, Default Notice compliant with s87 (1) Consumer Credit Act, Document, contract or deed of assignment, and Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925
  15. :!:Hi All, Can anyone help me with my amended defence - have been staring at this computer now for two hours and my mind's gone completely blank with panic as I realised that it's Easter and I haven't got until the 14th I will have to get it in by tomorrow. What should be in the amended defence is it the correspondence I have had with DCA - copy of the dodgy cca - template of the DN - I think I'm going to pieces - went through a pedestrian red light the other day as this is driving me crazy and nothing else is in my head at the moment so am waiting for somethin
  16. Hi all, Been awake most of last night wondering what to do regarding this court case with egg credit card. After their last offer before this one what I can afford will not be suitable as I am paying them as much as I can already at £10 per month. They asked for £150 per month plus the voluntary charging order which was a bit silly really as I was paying £160 per month minimum payment when I got into difficulties. They obviously have only given me the seven days because the paperwork for the court has to be filed by the 9th April? I have looked up this Calderbank offer and it looks
  17. True Viscount as they have put in for costs of £6,000 for this trial?? How can they justify that?
  18. Agreed, they did get their fingers burnt with the loan court business as they didn't get their documents in in time and didn't get any of their costs or their charging order for the Egg Loan. I didn't know for that one but they only had a template DN for that one. They had gone for a redetermination and a CO but I scuppered them by upping my offer of payment. Funnily enough that's when they stopped accepting my payplan payments for the Egg Credit Card although I am still paying through payplan for this credit card?
  19. Thanks for that guys its not much of a discount at all really - I'm not sure what they are playing at at all. With their previous two offers they obviously think I can pull £10k out of my.... pocket! I have already told them I am on benefits as I was when they gave me the credit card as I am a carer - looking at my file that I got last year they (as I said on previous thread) gave me 50 children and 10 dependents on their computer data - I'm not sure but I think it was so that the computer wouldn't say no!!
  20. Hi, I am in the middle of court case with Egg Credit Card/Drydens - I did my AQ and Draft Directions with some wonderful help from some wonderful people on this site - thanks sooooo much. That was in January - I received the reply from the Court which stated that the Claimants have to file the copy of the Default Notice, Credit Agreement and any Notice or Contract that allows them to take this action against me and to pay £600 up front before any Court date. Meanwhile, I rather cheekily wrote to them in January asking them to, in view of the fact that they did not have a copy of the DN an
  21. Hi NP, Egg sent a letter to me saying they do not keep copies of the Default Notices but "here is a pretend one (template) of what it would have looked like" so I doubt if there was one and if there was and you are deemed to have received it after five days unless you request a copy. I did not know this for my loan day in court and the judge hinted to me that I was at liberty to go back to court to have the ccj set aside as I had requested a copy and not received one but I had not "formally" requested one. By the way it's not an April fool and on the same page I have 10 dependants????
  22. Incidentally I don't have fifty children!
  23. Hi NP I got a backing sheet and a load of computer messages between departments. Some of them really interesting regarding upping limits and offering topup loans as I had 50 yes FIFTY children what a lot of ......child benefit!!!!??? No wonder they kept upping my limit when I told them I was struggling - it went something like "to avoid having to pay overlimit charges we have upped your credit limit" which in turn was taken in interest and so it went on until I said I can no longer play your game. Don't forget though they are from over the pond - no offence to any american friends on this s
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