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Help needed im4347 Vs EGG/DLC**DISCONTINUED**

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This case has been ongoing for over a year.

 

Nobody else has problems reclaiming unlawful penalty charges and interest because Egg does not have appetite to resist such claims, see 100 successes in V-E Day thread complete with template letters.

 

Claiming legal unenforceability of the debt on grounds of invalid CCA is an entirely different issue for which there have been very few reports of success againt Egg.

 

If you immediately action your charges reclaim (ordinary English letter will do, just as it sufficed for other claimants, some obtaining full refund within a week), Bryan Carter will understand there is little future in pursuing the charges part of the outstanding balance.

 

Not surprising if BC goes to court, If you make clear your circumstances via Income and Expenditure listing they will see no point seeking blood from the stone. In county court a judge would lay down a scheme of monthly payments based on your circumstances, no worse than a privately agreed scheme. If after one year with no movement achieved it would not be surprising if exasperated BC goes for a showdown.

 

If you believe you have the law on your side, you can make your case in county court. If not then better to settle out of court. A judge may not be impressed by reclaim of charges talked about but not actioned for a whole year.

Edited by Mistermind

 

 

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Hi Mistermind

 

Thanks for replying, really appreciate it.:)

 

Would you recommend I send my 'reclaim letter for charges', with my 'Income and Expenditure form' together (I'm unemployed and on benefits), to BC or to Egg, or both?

 

Having it already being in the County Court, obviously I don't want to go down the CCJ route, should I make an offer with my Income & Expenditure Form or should I wait to hear back from them first?

 

Thanks.

 

Kind regards,

 

SKS

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Charges reclaim letter should go direct to Egg. It would be useful to copy it to BC to show action is now under way and they cannot ignore it. If your charges form a significant part of balance outstanding, it will have a bearing on your repayment schedule. Egg will send back a standard template letter saying their charges are lawful and based on genuine preestimates. Upon your sending back a CAG template letter refuting Egg's arguments you should be getting an Egg refund within a few weeks or sooner, usually back into your Egg account.

 

It is BC who are pressing for negotiated time payments, and only they will be interested in I&E statement. If they mean what they said, action in 3 days, then clearly better to ring and let them know. Outfits like BC will have thousands of cases on the go, each case passes from person to person. If you speak to a person he is likely to update your account with a note to hold action, whereas a letter to them can get delayed or lost.

 

Obviously it can be unpleasant to talk to DCAs, but once your repayment schedule is agreed and adhered to, you would not have to repeat the process.

 

Good luck.


 

 

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Hi Mistermind,

 

Thanks for getting back to me.

 

I rang up BC today and told them that I am writing to Egg to reclaim my charges and that I will be sending you (BC) my Financial statement to come to some sort of payment plan.

 

The person I spoke with at BC said they'll make a note on the account but it will only stay on hold until the end of the 14 day period they gave me (till Thursday 23rd October 2008.

 

Will keep you posted on how I get on.

 

Thanks again. :)

 

Kind regards,

 

SKS

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Hiya

 

I received a letter from Egg regarding reclaiming my charges, and yes, they claim they are fair, which was expected.

 

I called BC today as I haven't heard back from them since I sent them my Financial statement and a proposal for a payment plan. They have received the letter and is on hold till xxth Nov 2008, and I was told that I should hear from them soon.

 

In the meantime, I have received the Allocation Questionairre from Court, should I go ahead and complete it, if so, is there any help/guide to completing this form?

 

Thanks.

 

SKS

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks Rory for replying.

 

I'm trying to complete the AQ N150, as I am the Defendant in this case, I'm a tad confused. :-?

 

The information received back from BC was a CCA, T&Cs for 2005 and 2007, and statements which show charges that have been applied to the account, and I haven't heard back from them since I sent them my Financial statement and a proposal for a payment plan. They have received the letter and was on hold till xxth Nov 2008, and I was told that I should hear from them soon. Obviously nothing to date.

 

My queries for the following sections please:

 

F) Proposed Directions - Do I need any, as I have proposed a payment plan to them with regards to my current Financial situation.

 

H) Fee - I have requested the claim to be suitable for Small Claims Track, and I'm on Job Seekers Allowance, am I correct in ticking NO in this case?

 

I) Other Information - Should I attach the letter I sent to BC with regards to a payment plan and Financial situation, and my letter to EGG regarding the Charges they have applied to the account?

 

Many thanks,

 

SKS

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ime asking the obviouse hear which no body has picked up yet

 

our friend, brian carter normally goes for his costs first by splitting the claim, a no no

 

is that the situation in this case

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Hi Postggj

 

I've not heard back from BC since I sent them a proposal and my Financial statement.

 

No one has mentioned splitting the claim to date.

 

Regards,

 

SKS

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have a look on the n1 claim form from the court

look at the poc and what costs brian carter is asking for

with carter it will say about 250 quid and have the option to go after you for the remaning balance

250 quid being his costs

that way he gets paid first

 

if this is the case, the claim will be thrown out

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Hi postggj

 

Thanks for getting back to me.

 

Having looked at the N1 form the following is in the POC section:

 

"The Claimants claim is for the balance due under an agreement which is now all due and payable.

The defendant agreed to pay monthly instalments under account number xxxxxxxxxxxxx but has failed to do so.

And the Claimant claims the sum of £xxxx

The claimant also claims interest thereon pursuant to S69 County Court Act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00"

The sum of £xxxx is the same as the amount on the recent statement I have had from them (EGG).

 

Hope that helps.

 

Thanks,

 

SKS

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Tell me about it, just my luck!!!

 

Regards,

 

SKS

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Any advice on the following would be great thanks:

 

I'm trying to complete the AQ N150

 

My queries for the following sections please:

 

F) Proposed Directions - Do I need any, as I have proposed a payment plan to them with regards to my current Financial situation.

 

H) Fee - I have requested the claim to be suitable for Small Claims Track, and I'm on Job Seekers Allowance, am I correct in ticking NO in this case?

 

I) Other Information - Should I attach the letter I sent to BC with regards to a payment plan and Financial situation, and my letter to EGG regarding the Charges they have applied to the account?

 

Many thanks,

 

SKS

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Hi all

 

3 years on from the Claim Egg did against me, Egg have now assigned the debt to Cabot Financial Ltd who have sent me NEW particulars of Claim, a whole new claim altogether!!

 

The last claim EGG/DLC/Aplins did was through Aplin, which was stayed, back in Jan 2008 after I had filed my defence. Never heard back from them... Never received the CCA or reply to my CPR request.

 

The new claim is from Morgan Solicitors on behalf of Calbot Financial Ltd.

 

The New POC's is as follows:

 

The Claimant is the Assignee of a debt(s) from Egg Banking PLC

Credit Card Reference xxxxxxxxxx

Notice of Assignment having been given to the Defendant in writing. Despite demand for payment, £xxxx remains due.

The Claimant claims £xxxx and interests under s.69 County Courts Act 1984 and costs.

Any advise would be appreciated as to how we should move forward with this.

 

Regards,

 

IM

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huh?

 

So what the hell happened to the previous claim,? is it still live?

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Hi Pt

 

Thanks for replying.

 

I tried logging onto the MCOL site with the old details for the first claim and the passwords are invalid.

 

I will ring the court and find out about the old case as from the last court letter regarding the first claim, the defendant had 28 days to respond to my defence but they never did, and that was 3 years ago.

 

Is this situation common?

 

Regards,

 

IM

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Hi all

 

I rang the court up today regarding the old claim, and they informed me that the case has been stayed since 2008 and that Aplins/Egg had 28 days to reply to my defence but to date they never did hear back from them. For Aplins/Egg to lift the stay they would have to write to the judge and explain why they took so long getting back to them, 3 years on!

 

I explained to them that I have now received another claim for the same debt from Cabot Financial, to which the lady at the court was surprised. She explained that usually if a claim is going through court the debt cannot be assigned to another debt company until a judgement has been made.

 

Her advise was to put my defence in again, which I intend to do any way.

 

Any advice would be highly appreciated as now there is 2 claims for the same debt, same court, but different debt companies and solicitors.

 

Regards,

 

IM

Edited by im4347
spelling

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This second claim becomes an abuse of the process and ought to be struck out.

 

The authority for this is Buckland v Palmer [1984] 1 WLR 1109

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Hi Pt

 

Thanks for replying.

 

You mentioned for the case to be struck out with regards to 'Buckland v Palmer [1984] 1 WLR 1109', but I have been searching for this case and seem find nothing.

 

Should I just file my AOS and the same defence as with the first case and also bring to the attention the fact that this is a 2nd claim for the same debt with a different company, mention the old claim number etc. Any links etc for the Buckland v Palmer [1984] 1 WLR 1109 case would be highly appreciated.

 

Thanks.

 

IM

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Hi all

 

I need to do my AOS soon, any advise regarding my situation would be highly appreciated.

 

Thanks

 

IM

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Hi all

 

I did the AOS and I need to file my defence in the next day or so, the last time Egglink3.gif did their first Claim against me for the same debt, Pt2537 revised a Defence for me, please see post #19 after which we heard nothing back for 3 years.

 

For this new claim I sent my CPR request and have heard nothing back, just the basic POClink3.gif's on the claim form is all I have.

 

Would I be correct to send the same Defence with the inclusion of the fact that I previously requested my CCA and did a CPR request for the last claim which still remains open.

 

Any advise would highly appreciated.

 

Many thanks.

 

IM

Edited by im4347
spelling

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Thanks guys for sorting out the problem with my thread.

 

Hi all

 

I did the AOS and I need to file my defence in the next day or so, the last time Egglink3.gif did their first Claim against me for the same debt, Pt2537 revised a Defence for me, please see post #19 after which we heard nothing back for 3 years.

 

For this new claim I sent my CPR request and have heard nothing back, just the basic POClink3.giflink3.gif's on the claim form is all I have.

 

Would I be correct to send the same Defence with the inclusion of the fact that I previously requested my CCA and did a CPR request for the last claim which still remains open.

 

 

My date of service was 25th Feb, the AOS has been done, I'm sure my defence needs to be in tomorrow, 30th March! Do the weekends get counted in to make the 28 days for the defence to be filed?

 

Am I correct to go head and do the above with the additional info? Any advice with this defence would be highly appreciated as I am panicking, especially that my thread was down yesterday.

 

Thanks,

 

IM

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Hi all

 

Just an update on this claim, I never received nothing regarding my CPR request, both parties did their AQs, and now I have just received a Court sealed, 'Notice of Discontinuance' for the Claim! The Claimant (EGG?Morgan Solicitors) have discontinued all of the claim!

 

Happy days!!! :-D

 

IM

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 2965 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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