Urgent Help Needed Please Re Egg Claim!!
I received a claims form dated 25th August from Aplins Acting for Egg Banking PLC on 3rd September.
I filed an AOS on the 6th of Sept stating I was going to defend the claim.
I sent off two CPR 31.14 Request letters dated 10th September to Aplins and Egg.
I have received nothing back from both of them, not even an acknowledgment.
This credit card account was taken out in 2005 online so I never signed an agreement (although there was a page after the application that stated that ticking the box will be construed as signing the agreement (not exact words) but they never sent me any paper agreement to sign or Ts & Cs!!
In 2008, I passed this account to Cartel Client Review and they stated it was unenforceable and they passed this on to CCLS who instigated a dispute on my behalf. As far as I can remember, they did a SAR. Things didn’t move fast enough for me as CCLS were closed down in March this year and Cartel! I have been in contact with Gordon’s Solicitors (who were appointed as administrators for CCLS) and they are unable to find my file and documents! So I have absolutely no access to whatever information CCLS got from Egg! I am now starting from scratch especially since I received this claim.
1) Does anyone know for a fact if I have 28 days + 3 days or 28 days + 5 days to file a defence?
If I have just 28 days from the date of Notice then my defence is due tomorrow 22nd September. OR If it’s 31 days then my defence is due on 25th September OR if it’s 33 days then it’s due on 27th September.
2) I have read the different posts on this site extensively but I’m still confused. I thought I knew what to do but now I’m just more confused! So should I:
a) Use form N244 to apply for an extension of time to file a defence based on the fact that the claimant and its Sols have not sent me the requested information.
b) If taking the above step, would I need to add a draft order to this? If yes, what should this say?
c) Should I just file a defence stating I am not able to file a proper defence as the Claimant have not supplied me with the information I requested to file my defence using the words below which I found on a post here.
i) The claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. Further, no documents supporting the claim in the particulars have been offered. I have made a request for disclosure, pursuant to Part 31 of the Civil Procedure Rules, to the Claimant to allow me to properly respond to the claim. The Claimant has failed to respond to the Part 31 request.
ii) It is Not admitted that I signed any agreement with Egg . If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.
iii) It is averred that if any agreement did exist that the aforesaid agreement would be a regulated agreement within the terms of the Consumer Credit Act 1974 ("the Act"). It is not admitted that any alleged Agreement is enforceable within the terms of the Act. As I do not have a copy of the said agreement the Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its’ inception.
iv) Further and in the alternative it is not admitted that the sum claimed is lawfully owing. The Claimant is put to strict proof as to how the sum claimed has been calculated and as to how it is asserted that the sum claimed is contractually owing.
v) Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed.
vi) In view of the above, it is denied that I am indebted to the Claimant as alleged or at all.
Statements of Truth
I believe that the facts stated in this defence are true.
3) I have just now noticed that I did not specify a deadline date for the information requested from Egg!!! How damaging is this? What should I do? Please see an extract below:
……Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of documents below:
……… If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.
Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order………..
4) I specified in my letter to Aplins to supply information within 7 days, this deadline has now gone past. What steps should I now take? Extract below:
You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy………. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.
Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order……
I would really really appreciate anyone that can help me urgently!