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eggbound

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About eggbound

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  1. This is our story of how solicitors pursue people even after a court case. We contested said now defunked credit card companies claim, and requested all details. A blank Default notice was sent eventually along with statements. They took it to court and we defended. Then one Solicitor was changed to another after one deadline, which the courts ignored. This case has been going on for two years and eventually my husband, who is not good with stress had a bill for costs from said Solicitor for a £10K credit card debt which was sent on the Saturday before the hearing on the Monday, the costs came to £8K. My husband appeared representing himself and was basically so intimidated that the Solicitors had FIVE people attending and the District Judge decided that they had won, even without a Default Notice and awarded them £6.5K costs. It still hasn’t stopped. They issued a forthwith payment which we obviously haven’t got for £17K + so we immediately requested an instalment going by the channels and the correct format . We said that we could afford £50 a month , the court decided £30, we jumped for joy, thinking it was over. The solicitors had 16 days to appeal , they were out of time when they sent a letter to us with a forward to the court saying that the 16 days was from the postmark, and there was no postmark on the form!!! Subsequently, the court in their “neutrality” decided that was OK and a trial has been ordered for Tomorrow, Extra costs being £600 acccording to their letter received yesterday from said Solicitors. My husband is virtually broken. We thought that the court would intervene to stop the stress, but no. It continues, he is having to appear again because the Solicitors said that the courts standard form is wrong even though they admitted that they received the Variation order in good time to contest it, which they did not. The law is an !!! if this goes back to a forthwith order because in the meantime they have cashed two payments of which we have proof. Just a sorry tale of what can happen if you don’t roll over and give up to the Credit Card companies even with all the good advice here. Wish him luck for tomorrow , I am hoping he will keep it together and wondering if we can now get a solicitor involved, the only way we can fund it is with a mortgage holiday .
  2. Unlike many lucky people here, Bryan Carter did not withdraw the case as there was no letter of discontinuation from the court. Instead Egg, as far as I'm aware replaced him with Shoosmiths.Not having had anything from Carters but was sent letter and a form from Shoosmiths with a change of Solicitors which they submitted to the court nine days after we should have received the Listing Disclosure from Carters. I hope that Egg have messed up because no one responded to the District Judges order of compliance except us which we sent to both Carter and the court in good time. Thank you for your response.
  3. Ok this has been going on for nearly a year. Thought we had a victory when Bryan Carter discontinued with our fast tracked Egg case at Listing Standard Disclosure stage but today we received a letter from Shoosmiths , 10 days later than the judge ordered us to exchange lists asking us to be patient as they do not have all documentation! Can we get this struck out now? Getting really tired of all this, would we be liable for both solicitors costs? They have not got a Default Notice and have not supplied all the information so far relating to this case. Worried about posting all details here but is this normal for Egg to sack Bryan Carter and appoint another solicitor and can we object to this? Anyone?
  4. http://img341.imageshack.us/img341/1072/scan0016z.jpg http://img341.imageshack.us/img341/5060/scan0013y.jpg http://img341.imageshack.us/img341/3474/scan0015.jpg http://img341.imageshack.us/img341/1913/scan0014u.jpg Hope this works Note the Default Notice!
  5. Here are the links for the Agreement and Default Notice
  6. Ahh! Thats why he wants small claims then. I think he is taking the P***, first off he has up until today waited all this time to send any documents, although I stated on my AQ that he was asked for this as soon as he instigated the N1. They arrived within 2 days of his delayed AQ which would have been struck out on Wednesday! We have not been able to issue a full defence because he witheld the evidence. I stated this on a covering letter to the District Judge which has been noted along with his "Do it or I will stike out your defence" letter! Is it too late to apply for this case to be struck out on these grounds and also on the grounds that there has been no legit Default Notice issued.
  7. Sorry.. I have a bee in my bonnet today, BC has asked for small claims but the figure is well over the £5K.I thought that 5K was the limit.We asked for fast track. Perhaps BC doesnt want to risk the fee involved for fast track as we have no Default notice apart from a standard template for one!
  8. The account has not been sold. No NOA. Just a bunch of statements dating back from 2001, Egg never posted out any statements so this is the first time we have seen any "evidence" They will make interesting reading when the Christmas telly becomes too boring! There is an address and a date on the agreement. Still waiting to get to my scanner. But the agreement looks similar to post link above. The Default notice has no personal details whatsover. I think that this will be the clincher.
  9. http://www.consumeractiongroup.co.uk/forum/show-post/post-2657280.html The agreement is identical to this one posted on the link above.Except for a scralled account number and the strange markings around the signature boxes on page 2. The default notice is just a template letter with no information at all. If the judge doesnt throw it out what happens next?
  10. The Agreement has no figures or approved limits on the first page and no account number apart from a handwritten one on the top, which could have been written recently.If this is the case then it is not a true copy.I must find the one that was sent to us to compare. Why would the account number be scralled on the top of the document ? The signature which looks placed on top of the second page and scanned is on a separate page and stapled to the said agreement letter. Is this why BC was holding out on sending it to us. He did tick that these documents had been sent to us but he left out the date that we received them. The court knows that at the time of our submission of our AQ we had not received any paperwork. BC has left this all to the last minute and ticked small claims track. reason given The claim is for simple debt.
  11. Hi Donkey, I will ty to get to the scanner later. The Agreement is a photocopy which looks doctored because there are lines around the signature boxes, as if they have been placed on top of the page then scanned! The Default notice is simply a letter template with no name address dated or signature. I cannot see how this rubbish can be accepted by any judge! Thank you for your kind help.
  12. Well today received a package with a copy of his AQ which hopefully wont arrive in time with the Christmas post as it was dated 18th. In the package was a signed CCA copy dated 2001. A stack of printed off statements, which we have never received by post . A BLANK default notice which is contestable as there is no evidence that we received , no date just a computer print out. Surely this is not playing the game as he sent this all to the court first without ever sending us any evidence so that we could have contested it before it reached this stage. He already went beyond the original AQ date of 26 Nov. I have read other posts of people who also received the paperwork but BC then issued a notice of discontinuence. Heres plodding on.
  13. A letter from the court District Judge arrived today stating that they noted the letter from the claimants solicitors, which I posted to the court on receipt, which refers to the out of court deal with a threat of striking out the defence etc. Carters have been ordered to submit their AQ in a week or the case will be struck out. Heres hoping!
  14. Hi Yub, This is the second of such letters. We had an identical one when we asked for the CCA. I know nothing is on hold but think BC has his knickers in a twist again. I wonder what the judge will make of the "agree to the £50 or we will go for strike out of your defence" letter which I sent with the Consent orders? I sent all the correspondence to the court, including the first "on hold" letter. Still havent had any paperwork , isnt it too late for BC to produce them now after the AQ deadline? Surely that doesnt give us any time to examine them if they DO show up! Eggbound
  15. Latest, Sent the letter and consent orders to the court within the dealdine of the AQ. Today received another letter dated a day after that letter which obviously didnt give us time to reply, even if we wanted to! We thank you for your communication(?) regarding this account We have referred the matter to our client and will revert to you as soon as we are in receipt of instructions. In the meantime we confirm that we have placed the account on hold. How very odd.
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