suzylou V Egg... urgent

[Suzylou]

Hi everyone i sent a letter to a DCA so they would show they have a right to collect a debt. I sent it recorded and they signed for it however i did not hear anything until today where i have received a CCJ to which I have to respond.

What do I do next? They have given a agreement number but no paperwork or signatures?

[shane5408]

hi,

 

when you say you have received a CCJ do you mean a court claim from the DCA?

[pblackie]

Hi Suzylou, if you have received a court claim have a look at my thread -

 

Received County Court Claim form from Lowells - ( not sure how to paste the link)

 

It may be of help to you

[ODC]

A CCJ means that a Court case has been heard and gone against you. Can you post what you have actually received

[shane5408]

In order for them to get a CCJ they have to file a file a claim against you at the county court, in order for them to be successfull they must have a copy of the original agreement that contains all required prescribed terms that has been signed by you, given that they haven't responded to your CCA requests and have launched a claim against you most likely they have no agreement and are trying to scare you into submission, they don't expect you to be able to file a defence but with the help of CAG and in the absence of any agreement you have a complete defence

 

If you let us know a few more details about your case we can help you further

 

kind regards,

shane

[ODC]

In order for them to get a CCJ they have to file a file a claim against you at the county court, in order for them to be successfull they must have a copy of the original agreement that contains all required prescribed terms that has been signed by you,

Not strictly true. Many DCAs get judgement by default either because the alleged debtor decides not to appear in Court to defend or they are unaware of the Court case taking place. The second scenario is easier to deal with. If a defendant does not turn up then the DCA can more or less say what they wish.

[shane5408]

ODC I was stating to obtain a CCJ a claim must first be instigated, if the debtor chooses to not show up that is their volition, if however they were never served the court papers and have irrefutable proof of this, ie at another address it is grounds for a setaside

 

regards,

shane

[ODC]

in order for them to be successfull they must have a copy of the original agreement that contains all required prescribed terms that has been signed by you,

This is the bit I was referring to. Many DCAs wing it to the Court with diddly squat relying on the non appearance of the alleged debtor. They can get judgement with little or no paperwork. Its only when a case is contested that they must produce an executed CCA agreement. Many people have found out to their cost that more often than not the DCAs have nothing but still try to steamroller it through the courts in the hope that they will get judgement

[shane5408]

Yes, ofcourse that is only applicable if the debtor chooses to contest and defend the court action.

 

If not, and as you say there are many debtors who aren't aware of their legal rights and what creditors must adhere to then creditor simply wins on default judgement and gets the CCJ granted

[ncf355]

Suzylou

 

please detail EXACTLY what you have received so we can assist you

[Suzylou]

A claim form from Northampton court stating date, claim no , stating details of an agreement between egg and me, telling me to go to the money.gov.uk website to respond. Particulars of the claim are listed as I said with an agreement number but nothing to show it is my debt. Admission form N1 N9B form, and acknowledgement of service. I have looked on other threads and have found a letter of response to the court, a CCJ has not been granted yet. Where the DCA had not responded and went straight to court shall i use this letter because they did not respond to the CCA letter? Do I write back to the DCA? Ignore them and defend it through the courts?

Thanks for all your help I really want to fight it

[shane5408]

hiya,

 

Ok that clarifies things a bit. You should file acknowledge of service which gives you extra time and send the following letter to the claimant:

 

 

 

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

 

Dear Sir/Madam,

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the **DATE**, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully,

[Suzylou]

Thank you very much, I have taken out references to B/card and put Egg in so I now wait do i for 10 days.? What shall i do about the court claim just acknowledge it?

 

has anyone not had to pay because the claimant cannot produce these docs?

[shane5408]

hi,

 

yes acknowledge the claim for now this will give you an extra time period, 14 days i think

 

You need to wait to receive a response from Egg with regard to the discolsure letter, depending on what they provide you is what you base your defence on. If they have no agreement then any court/judge is precluded from making an enforcement order, in other words they haven't a hope without an agreement

 

kind regards,

shane

[Suzylou]

Hi everyone, well the acknowledgement has come back from the court saying if we do not hear anything in 28 days or indeed come to some agreement then the judegment would be stayed until such time it could be proven we have defaulted or indeed owe the Money. Do i just sit back and wait now, once 28 days is up do I respond to anyone? The date is 14th December so i hope it will be a pleasant Christmas

[FANTASY CHARGES]

Hi everyone, well the acknowledgement has come back from the court saying if we do not hear anything in 28 days or indeed come to some agreement then the judegment would be stayed until such time it could be proven we have defaulted or indeed owe the Money. Do i just sit back and wait now, once 28 days is up do I respond to anyone? The date is 14th December so i hope it will be a pleasant Christmas

 

yes

 

but please in your mind allow much longer than the regulatory 28 days .

might we suggest 40 days and then ring the court others will probably back this statement up ?