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plucked chick

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Everything posted by plucked chick

  1. Here goes trying to cut and past defence Claim No. Claimant: Egg Banking PLC Defendant: DEFENCE I have disputed the debt and as is my right under the terms of the Consumer Credit Act, 1974, I requested a true copy of the original consumer credit agreement, up to date statement and a copy of the default notice, in order to be able to ‘verify’ the figures demanded by Egg Banking PLC. Egg Banking has failed to provide me with this information within the legally prescribed time span, thereby rendering any agreement unenforceable without a Court Order. I do not d
  2. I have not tried to inform them about the fact that their cca is illegible in part. How do i post documents on here?
  3. Is it too late to send a cpr18 that I have read about on here as in one of the paragraphs they refer to a telephone conversation where "we clearly advised you that your offer to repay the debt would need to be supported by a voluntary charge, which you flatly refused" this they call negotiating as there exact words were "there is no negotiating on this case without a voluntary charging order"
  4. They did not respond to my defence after 28 days they just said "We have received a copy of your defence and we reject your defence." Should they have put in a full response or is that classed as a response?
  5. what is this summery judgement and what happens if they go for this can I do anything about it. Obviously this letter is to try and tell the court that they have sent: " 1. Credit Card Agreement. 2. Default Notice (template) and 3. Statements of Account." when they have sent a defaced credit card agreement, template default notice and the statements of account are just credit card statements when they did not send any notices of increased interest at any time.
  6. am very confused as to what to do now or just do I wait for the allocation of trial date? I keep trying to gather information but I think I am just confusing myself because I am so scared.
  7. Thank you blind as bat its so appreciated posting that legislation shall I just keep my cards close to my chest with that info or write back with it? Again thanks so much this business is so awful. I have written to my MP about this as he did a report on this in his local report regarding these big companies turning unsecured debt into secured debt and in some cases order for sale for relatively small debt. The solicitors have already sent two different credit card terms and conditions and now they say in this letter they are waiting for a copy of the credit card agreement terms and conditi
  8. Dear Supasnooper - I did a request for the default notice under the Consumer Credit with my £1 they have sent two template default notices and a list of what "would" have been on there if they had a copy. How do I post a copy of the cca on here?
  9. Hi so shall I reply as they are trying to inform the court that they did negotiate when they didn't as they have sent a copy to the court?
  10. Hi everyone, I have today received a letter from the solicitors acting for the credit card. I sent in my AQ with the "other information" and Court Directions as suggested and they have come back with a letter saying that "we draw your attention to the second page of the Credit Card Agreement which states: By signing this agreement, you confirm you have read and acept the Egg Card Condiitons a copy of which is enclosed. It is clear that you signed the CCA you had seen the conditions and prior to your account being in arrears you did not raise any issues with regards to the validity of the agr
  11. No they did not inform us that they were going to do transfer it we just got a letter from DCA tried to negotiate and they said we would have to pay more than the original loan payment to stop it going to court and they would not accept anything or negotiate anything at all. within two days the ccj form came just stating the overdraft/current account number there was no loan account number.
  12. help Have Got To Get This Defence In And Am Not Sure Whether To Put Just The Overdraft Or Loan And Overdraft Or Ignore The Loan Part As They Have Not Put The Loan Account Number In. They Actually Sent A Bank Statement With Account Transfer On It But Not Where It Was Transferred To Shall I Send This In As Evidence As It Gives Nil Balance?
  13. Any ideas whether to just defend overdraft as it is totally wrong amount and send in bank statements which state that or defend the whole amount?
  14. Hi There BAB yes I put my daughter on the deeds as we are on Income Support as we are both carers for our disabled children. Its all getting very sinister isn't it? It is so awkward as its christmas and new year but we thought we had another week but it seems it has to be in at the end of this week so thought better get it off today.
  15. :!:First, can I thank everyone who helped with my AQ you wonderful lot which I took to the court yesterday confronted by a horrible woman who barked at me that I would have to file my Other Information again if I want to use it in my defence? On another vein that has now got to be dealt with is my daughter's HSBC loan that we have to get in a defence this week. We have been umming and arring about this one as the DCA have lumped it in with her overdraft using her old current account number and sort code and completely ignoring the loan account number (is this legal?) I kn
  16. many thanks - am terrified of putting the wrong thing on this form
  17. am filling in the questionnaire now - fingers crossed have done draft directions as per suggested and will go and put it in by hand this afternoon. Manythanks guys. Still not sure what to put for time of hearing as they have put one day!!? I was going to put 20 minutes? Anyone any ideas on that?
  18. Many thanks for your help and postings - will have to finish filling it out in morning as I have a disabled son I have to go and sort him out for the evening. No peace for the wicked. I will come back on line in morning. I hope the court is open for business tomorrow. Kind regards and again I cannot say how much I appreciate this support you are giving. luv
  19. yes for A1 they have ticked NO and reasons "Letters have been sent prior to proceedings but no agreement could be reached" and F1 ticked yes to draft directions which are 1. the case to allocated to the fast track 2. There shall be standard disclosure of documents bylist no later than 4pm on (28 days after date of order) 2008. 3. There be inspection of documents byno later than 4p.m on (7 days after para 2)2008 4. There be simultaneous exchange of witness statements of fact by no later than 4 p.m. on (42 days after date in para 3)2008. 5. Neither party have permiss
  20. For A1 do I have to put yes or no? It seems quite important as the credit card people have put their costs at £6000. and said it will take one day?
  21. Northampton just sent the form and I put in a full defence as they had not complied with my request within the twelve working days and only sent a small scanned in copy of the cca with a post it covered in black ink to cover up a name. You cannot read much of it as it is too small. They do not have a copy of the default notice but sent a template showing what it looks like!? No Notice of Assignment. As far as statement of account is they just sent all my credit card bills since 2004!! What there was arrived three weeks late. They have not informed me of a
  22. Many thanks foolishgirl - obviously this applies to me as a Defendant as well? The templates seem to be about claiming? This will guide me I will have to take the AQ by hand on Monday so it is on time. Do I as a Defendant have to put in a Draft Directions as well? There doesn't seem any space to inform the Court that the DCA did not come up with the true copy of the cca on time nor a copy of any default notice only a template which I have been told means they cannot enforce this debt. It is very draining as I had to go to Court for a loan debt - I sort
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