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Drydens Egg - redetermination hearing 2morrow


plucked chick
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So they still have not produced a copy of a valid default notice, a NoA nor a legable CCA

 

To be honest they sound like they are just trying to rattle your cage, it is them at risk of wasted costs by not produceing requested document, which you needed to decide if they had a case, without them they dont, you continued to defend because they didnt produce any documents to substabtiate there claim, as far as you know they dont have a case, of course your defence is weak they have produced little or nothing to base a defence on .

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Thank you blind as bat its so appreciated posting that legislation shall I just keep my cards close to my chest with that info or write back with it? Again thanks so much this business is so awful. I have written to my MP about this as he did a report on this in his local report regarding these big companies turning unsecured debt into secured debt and in some cases order for sale for relatively small debt. The solicitors have already sent two different credit card terms and conditions and now they say in this letter they are waiting for a copy of the credit card agreement terms and conditions from our client???

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yes i would wait for the court directions, hopefully they will order production of documents before the hearing, but be on the look out for a summery judgment i think its called being made by there sols to strike out your defence.

 

The solicitors have already sent two different credit card terms and conditions and now they say in this letter they are waiting for a copy of the credit card agreement terms and conditions from our client???

 

I like this bit:D its funny, and could discredit any T&C they may now produce, as they dont seem to know which to send you.

 

They have sent you two diferant sets of T&C,s claiming they where the organals, correct? if so i think you need them to produce the origanel in court seen as they dont seem to know which T&C go with your alledged agreement.

 

I think you could be safe to read the letter they have sent as total panic by the sound's of it:p

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what is this summery judgement and what happens if they go for this can I do anything about it. Obviously this letter is to try and tell the court that they have sent: " 1. Credit Card Agreement. 2. Default Notice (template) and 3. Statements of Account." when they have sent a defaced credit card agreement, template default notice and the statements of account are just credit card statements when they did not send any notices of increased interest at any time.

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Is it too late to send a cpr18 that I have read about on here as in one of the paragraphs they refer to a telephone conversation where "we clearly advised you that your offer to repay the debt would need to be supported by a voluntary charge, which you flatly refused" this they call negotiating as there exact words were "there is no negotiating on this case without a voluntary charging order"

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what is this summery judgement and what happens if they go for this can I do anything about it. Obviously this letter is to try and tell the court that they have sent: " 1. Credit Card Agreement. 2. Default Notice (template) and 3. Statements of Account." when they have sent a defaced credit card agreement, template default notice and the statements of account are just credit card statements when they did not send any notices of increased interest at any time.

 

summery judgement is where they can get your defence thrown out if it shows no prospect of sucsess i believe (but note you could do the same to them if im right)

 

You would need to post exactly what you sent as your defence and AQ and documents you have so far (all minus personal info of course) to get a view from the more legaly knowladgable to asses the risk of that happening, but if you have made it clear they have not supplied documents, and what they have sent are unreadable and inconsistant in content, then you should be ok:)

 

In the case im in at the moment they made no referance to my defence either, that appears the norm, it now will be put before a judge to decide how to proceed the case, its has nothing to do with them how the judge will view the case now, its all down to the claiments and yor submisions so far that decides what happens next, so that letter is hot air really at this stage, and if anything could show there game plan, or it could be a bluff, its all mindgames really

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Here goes trying to cut and past defence

Claim No.

Claimant: Egg Banking PLC

Defendant:

DEFENCE

I have disputed the debt and as is my right under the terms of the Consumer Credit Act, 1974, I requested a true copy of the original consumer credit agreement, up to date statement and a copy of the default notice, in order to be able to ‘verify’ the figures demanded by Egg Banking PLC. Egg Banking has failed to provide me with this information within the legally prescribed time span, thereby rendering any agreement unenforceable without a Court Order.

I do not dispute the fact that I owe Egg Banking PLC money, merely that I want full clarification. I have been making payments through a Payplan Agreement since January, 2008 and have been making regular payments of £1 to Egg Banking. I recently received a review form where I offered to increase my payments. I have been making these increased payments since October. I have not received, to date, any reply to my review form or my increased payments. Payplan have deemed a fair assessment as to what I can reasonably afford. Therefore:-

1. This Debt has become unenforceable as the claimant has been unable to produce a true copy of the signed Credit Agreement within the stipulated twelve (plus 2) working days and are in breach of OFT Debt Collection Guidelines and my Consumer Credit Act request. Copy of letter enclosed

2. Whilst my Consumer Credit Act request remains in default enforcement action is not permitted under s127 this constitutes a complete defence at law.

3. I also requested other documents which are necessary to this claim.

(a) A copy of the default notice.

(b) A Statement of Account.

© Notice of Assignment.

None of these documents have been forwarded to me.

Egg Banking PLC have not provided the statutory 30 days notice in writing of any interest rate increase for the whole time I had this card (since November 2000). Thus breaking their Terms and Conditions.

Egg Banking PLC are partly culpable for the increase of this debt by repeatedly increasing the limit to cover the over limit after I had informed them that I was struggling because of this. I did not have any use of this money as I could only afford the minimum payment on this account. I carried on with this for over two years after the threat of legal action if I did not.

Egg Banking PLC are guilty of harassment by telephoning me constantly sometimes up until ten o’clock at night. I made appointments with them to discuss my account but they repeatedly broke telephone appointments with me to carry out an affordability study. It got to such a stage as to force me to write to them requesting formally that they write and not telephone me. They totally ignored this letter which forced me to change my telephone number as it was damaging my health. I contacted Payplan who gave me an ID number to give to Egg and they then agreed a £1 a month payment. This continued until a review form was sent to me in August 2008. I immediately filled in the form increasing my payments to avoid further action. This they have ignored and sent a letter dated the 14th September stating a £1 was not enough. I spoke to Egg who informed me that they had passed this on to Dryden’s on the 14th September. Thus giving no consideration to the increased offer and not giving any chance of negotiation which is contrary to the court protocols and overriding objectives, the court will expect the parties ‘to act reasonably’ in trying to avoid the necessity for the start of proceedings. To avoid the start of proceedings I had increased my payment to £10 per month (upping my offer tenfold) and have been paying that since October.

Enc:-

(a) Copy of Recorded Delivery Letter sent to Claimant and Claimant’s Debt Collection Agency, Dryden’s.

(b) Copy of Formal Notice sent by Recorded Delivery to Claimants Debt Collection Agency, Dryden’s.

© Copy of letter from Dryden’s.

(d) Copy of letter sending back the review form.

(e) Copy of letter in response to Egg Banking PLC’s letter of the 14th September.

(f) Copy of letter to Egg regarding harassment.

I BELIEVE THE FACTS STATED IN THIS DEFENCE ARE TRUE

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am having trouble attaching cca how do I do this? The way I keep doing it it comes up as a midget scan - I know its a small scanned in copy but not that small!! Can anyone help?

 

Hi plucked chick, have you tried photobucket:

 

Image hosting, free photo sharing & video sharing at Photobucket (free)....

There is a tutorial here if needed - Photobucket Video Tutorial

 

They are a bunch of morons the solicitors you're dealing with. Their form of 'negotiating' is to badger and bully you into agreeing to a voluntary CO!

 

Egg are now attempting to give you a third version of the CCA by the looks of it. How can you (or the court) have any confidence that the template Default Notices provided are actually an exact copy of that allegedly served on you, when they can't even provide you with a 'true' copy of your agreement?. Without a 'true' copy or the original what they have is hearsay evidence, and you must attempt to put a large doubt into the judge's mind that the templates truly reflect the original. Many banks and financial institutions fail miserably with Default Notices (take a look around on these forums).

Edited by DocH
wish I coud spill

A couple of hundred years ago Meyer Amshel, (1743-1812), founder of the Rothschild dynasty is reported to have told his five sons, “Let me control a nation’s money and I care not who writes its laws”.

 

PLEASE NOTE - I am not a legal expert, what I have written is my own opinion garnered from reading this forum and consumer legislation, and my own experience of the judicial process.

 

If I have been helpful, please feel free to tickle my scales!!

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well unless they can prove that is the front page to the signed page they will strugle as the prescribed terms must be within the four corners of the signed document.

 

Is there anything that tie's the two, besides the fax numbers and page 1 of X across the top?

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No nothing and the post it obviously relates to someone else as that is not my name on the post it. Also it has been scanned in smaller than A4. When you say the prescribed terms have to be in the four corners how does that work (sorry to sound thick)

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well thats a defanition that is open to interpretation, The financial details and your signature, together with the terms specified in the regulations, both prescribed terms or other terms required by them to class it as properly exicuted should be in the same document, some say on the same piece of paper, others say within two or more pages, but if that is the case they must be linked in some way that is undisputable, if you see what i mean.

 

If the creditor produces two sheets of paper with nothing linking them they cannot just claim they are conected, it has to be proved.

 

In your case they could substitute any front page they wanted to go with your signature.

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The other thing I am a bit suss about is that my signature seems quite big in comparison with the rest of the document. I don't have a big signature but if I were to put this on a real A4 page it would seem out of proportion with the small writing on the rest of this scanned document.

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Plucked chick that's not your name on the post it note in your scanned image it it?

A couple of hundred years ago Meyer Amshel, (1743-1812), founder of the Rothschild dynasty is reported to have told his five sons, “Let me control a nation’s money and I care not who writes its laws”.

 

PLEASE NOTE - I am not a legal expert, what I have written is my own opinion garnered from reading this forum and consumer legislation, and my own experience of the judicial process.

 

If I have been helpful, please feel free to tickle my scales!!

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Hi Plucked chick

Couple of questions.

1.in the letter the Sols sent you, did it have without prejudice written anywhere?

If not, you can use this as an entry in your defence that they are threatening you before court and not trying to negotiate.

2.Have you requested the original agreement via the CPR 31?

I assume your case hasnt been allocated yet, so you should request sight of the docs they refer to in their claim. This will obviously allow you to negotiate with them if they actually have a valid agreement, which, judging by their letter to you, they dont got.

Consider reporting them to the solicitors regulators and inform them that you will unless they produce the correct documents

Keep them on the back foot

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