Drydens Egg - redetermination hearing 2morrow

[plucked chick]

Hi,

 

would like to introduce myself - have just joined the forum today as I cant think of what to do next. 2morrow I have to go to the second hearing for redetermination as the judge adjourned the first one in august for me to give all my dealings with egg in a statement. Drydens were supposed to send their response to my statement by the 17/09 but it did not arrive till this morning - anyone had any luck in getting it thrown out on this point? I expect everyone has heard of drydens - the househunters?????? They are after a Charging Order. I am very scared of losing my house as I have a disabled son and daughter and a disabled granddaughter living with me.

[42man]

Hi Plucked....welcome to the forums....I'll move this thread to the Legal Issues forum where you will hopefully get some more help and advice...

[plucked chick]

I am defending a ccj (with a threatened Charging Order)

 

I sent my defence in and did not receive a proper response just that the reject my defence.

 

I have received an Allocation Questionnaire that I have to get to the Court by Monday.

 

The Claimants did not supply a true copy of the cca within the twelve working days - it was three weeks later.

(it was a scanned in small copy with a post it blacked out over some of the print)

 

they also did not provide a copy of the default notice just a template of one that they use.

 

No Notice of Assignment and no Statement of Account just all my statements from when I took out the credit card.

 

The credit card agreed an amount through Payplan last February and I have not missed a payment

and on the review form I offered a higher amount which they just ignored.

 

They did not follow the court protocol as they refused to negotiate at all saying there was a "mandate" to follow for this case.

 

My question is do I put this down on this form.

 

How can I get my point across?

 

Do I put Draft Directions in as well?

[foolishgirl]

There is a very useful thread here that I think should contain the info you need plucked chick:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[plucked chick]

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 of won at least for now they did not get their charging order.

 

This lot now said to me over the phone that they ARE going to get the charging order in order to get their money back.

 

Again, many thanks for replying much appreciated.

[foolishgirl]

Firstly don't worry about threats of charging orders - they have to obtain a CCJ first & if they have no CCA, they have no case but you MUST defend vigourously.

 

1. Was the POC served by Northampton? If not there should have been a CCA attached to it as that is the doc. they are relying on for the claim. if it was issued by NH, you wouldn't get that at this stage & you need to get them to produce it either/both by CPR18 or court directions.

2. Did you send the claimant a CPR18 to produce the docs after you got the summons?

3. When you say you sent in defence do you mean the acknowledgment of claim in response to the N1? If so, did you defend completely ie. deny the debt?

 

Most of the detail you mention above should be included in your defence when you submit it. However you should attach draft directions now to make the claimant comply with any request for info. that you want eg. CCA, NoA, default notices etc.

 

You may find this thread useful - it's recent & could be adapted to your needs:

http://www.consumeractiongroup.co.uk/forum/legal-issues/164822-advice-re-amended-court.html

[plucked chick]

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 any interest hikes by letter as they are an on line bank.

 

They also kept putting the limit up when I was struggling which did not do me any favours as I could not refuse as they would have charged me

and I was terrified they would take the action that they are taking now!

 

Hindsight is a wonderful thing eh?

I do have their copy of the AQ in which they state in A1 NO and the reasons being

"Letters were sent prior to proceedings being issued but no agreement could be reached"

- Can they blatently like this?

 

Many thanks again for the support

- I just feel so sick all the time with this.

[plucked chick]

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?

[blind-as-a-bat]

susie93/plucked chick you need to put your anger to one side for now, we can go through an amended defence if needed once your AQ sorted and is filed.

 

For now you need to try get the court to force egg to produce the documents they have so far failed to produce

 

still need an answer to which AQ you have:)

[blind-as-a-bat]

A1 must mean its a N150 is that correct?

[plucked chick]

Its an N150

[foolishgirl]

Is the amount they are claiming more than £5000 without the costs etc. they are threatening to apply for? i.e. is it likely to be small claims or fast track. They cannot claim costs in small claims.

[foolishgirl]

OK -N150 that looks like fast track.

[plucked chick]

yes its fast track and its more than £5,000 its £12,000

[blind-as-a-bat]

Have you had a copy of the Claiments AQ? if so can you post what they have answered, it may help decide the best way to respond, most importantly F a I on there AQ if you have it

[foolishgirl]

A1 is asking whether you want extra time to attempt to come to a settlement with the creditor. If you think this is possible, put Yes, if you have already attempted to settle put No & give a brief reason why you don't want the stay eg. I have made xx previous attempts to make a settlement offer to the claimant & all have been refused & I cannot see any extension of time will change that situation or similar as it applies to your case. Put Yes if you haven't got a valid reason as to put No could look unreasonable in court when you come to the hearing. The hearing should then be stayed to give both parties a chance to come to an agreement.

 

As I said before you need to put draft directions in now to ask the DJ to give directions that the claimant produce a legibile copy of the CCA to comply with S78 of CCA1974 & the CCA Regs 1983, the default notice & proof of its posting/delivery & also the Notice of Assignment. If they then fail to comply, you can take further action (even as far as requesting the case be struck out)

 

Look at this thread for ideas as to how to word the directions:

http://www.consumeractiongroup.co.uk/forum/legal-issues/164822-advice-re-amended-court.html

[plucked chick]

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 permission to adduce expert evidence but either party have liberty to apply for permission.

6. The matter be listed for trial with a time estimate of 1 day on the first available date (14 days after date in para 4)2008.

7. Costs in the case.

[plucked chick]

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

[blind-as-a-bat]

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

I would also take a look at the above, it will give you a better idea how to draft directions to get them to produce the documents you want , not that they wish to disclose;)

[plucked chick]

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?

[42man]

2-3 hours might be ok....

[plucked chick]

many thanks - am terrified of putting the wrong thing on this form

[plucked chick]

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 agreement, despite your account being open for approximately seven years." The second page of the cca has been defaced with a post it and you cannot read all of the "IMPORTANT You should read this before signing". so it is not legible and it is a scanned copy which is really small writing. Also they state "our client does not retain copies of the original default notice. Nevertheless our client will argue that the default notice served upon you complied with the statutory requirements because it set out the sums due and it provided a date by which you had to make the payment." Without this do they still have a case and does the cca have to be legible throughout? Do I reply to this letter or treat it with the contempt it deserves as they now as they also state that the queries I raised in my allocation questionnaire "do not have any common theme and they seem to read like a generic template that is in no way geared towards this case."also "For the reasons set out above, we do not consider your defence to hold any substance whatsoever. Unless we receive reasonable payment proposals (which include a voluntary charging order) from you within the next fourteen days our client has no other option than to carry on legal proceedings against you for the full amount claimed. Our client also reserves its right to recover its wasted costs from you in dealing with your Defence. We trust that this will not be necessary and we look forward to hearing from you." ANY IDEAS PEEPS PLEASE AS REALLY SCARED ABOUT ALL THIS COURT BUSINESS NOW.

[supasnooper]

Really could do with seeing the Credit Card Agreement to see if it is valid.

 

Have you sent a Subject Access Request to Egg to flush out the Default Notice. ?

[blind-as-a-bat]

does the cca have to be legible throughout

 

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)/2 Legibility of notices and copy documents and wording of prescribed Forms

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed

agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety

under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily

distinguishable from the .

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed

agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act

without any alteration or addition, except that--

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed

by these Regulations; and

(b) every Form shall be completed in accordance with any footnote.

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced

in addition to any such Form.

(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.

 

 

Yes