Drydens Egg - redetermination hearing 2morrow

[supasnooper]

Several things to ask anyone out there if they can help?

 

Went to Court in 08 after defending a ccj on my egg loan - judge issued one but said I was at liberty to go back as no Default Notice had been issued/received.

 

You could apply for a set aside but I'm of the opinion that it would be prudent to obtain the transcript of the Judges comments ( for which you will have to pay) and also check and be very sure that a DN wasn't issued. If you lost, you would be liable for costs.

 

Is there a time limit on going back with an N244? - as I have other nasty people on my back haven't been able to face it but I feel stronger now especially as Drydens have started sending nasty threatening letters with income and expenditure forms attached even though they have a ccj - they are threatening further action if I don't fill these in - are they threatening to try and vary the order?

 

The acceptable time limit is 28 days after the case. However, if you could show that their is sufficient evidence ( Judges comments, no DN issued) then it is up to a Judge to grant a set aside hearing.

It would appear Drydens are looking for increased payments but they know the rules as well as you; they need to apply to the courts to vary the terms of the CCJ.

I would write to Drydens pointing out the terms of the CCJ and that further harrassment by them will be reported to the court.

 

Also for the egg credit card as they couldn't produce the documents for court they issued a Notice of Discontinuation but keep passing it to different debt collectors who threaten to take me to Court!!!! I just say "Please do" but they still keep threatening. Does this mean they can just keep passing it on and can they take it back to Court? If so, this could go on and on and on?

 

There is nothing to stop Egg passing the debt on to Debt Collectors although they would need leave from a Court to pursue any further legal action.

[plucked chick]

Many thanks for swift reply, I did keep requesting a copy of the DN as one had not been received but all I kept getting was a "this is what it would have looked like" just a template with no information on it at all. When I defended the ccj I did state that no DN had been received and that it had been requested and I put in the template. DJ said that ccj should not have been issued but as one had he had to go with it. I was defending the fact that Drydens were after a Charging Order as they said it would take 200 years to pay off at £5 per month (ccj was for £5) I upped it to £50 (gulp) so it would only take 27 years. Judge was happy with that but did say I was at liberty to go back. That was eighteen months ago though so does that mean there would be little hope? Also to get the transcript would I still have to pay as I am on benefits as I am a carer for my disabled son?

 

Regards, PC

[plucked chick]

Hi there,

 

I have been informed that when a creditor requested a ccj from Northampton they did not have all the papers - they did not have a Default Notice as one was never issued. The creditor is still harrassing me despite regular on time payments for this ccj. Can I get this ccj removed as the proper paperwork was not given to Northampton?

 

pc:???:

[rebel11]

Hi plu

 

The guys will advise as soon as they become available.

[vic synex]

I'm in a similar position as you, how long ago did you get the CCJ?

[plucked chick]

Hi everyone,

 

Can someone clear this point of Carey -v- HSBC as Barclaycard refuse to send me a copy of my signed credit card agreement and keep quoting carey -v- hsbc. paragraph 108 at issue 2? saying "ya boo sucks" we dont have to send you anything but a copy of T & C's that would have applied to your CCA and typed on a different page my name and address which they say make it a true copy of my CCA?? They doubled my interest rate in five months - the first one being the day after my 60th birthday. I had not been late with any payments until I flatly refused to pay the doubled interest rate until they could explain why they had taken away my 11.9% for the life of the balance? I have written to them three times and sent them the required money for the copy of the CCA and any other information they hold on me. They have not replied to my complaint and they keep sending me letters saying that this is their final response! Today I received a default notice and threat from Mercers which I have sent back saying that the account is in dispute.

[rebel11]

Hi pluck

 

Have a read of number 5 in my signature, also point 4 in the summary at the very bottom of the Judgement in Carey v HSBC.

Unforetunately, you won't get much sense out of Barclaycard.

 

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/QB/2009/3417.html

[plucked chick]

(4) If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms;

 

Hi, Many thanks for the quick reply so I guess they do have to? As always these judgements look a bit ambiguous as I can see where they have grabbed the idea that they only have to supply a copy of the T & C's with my name and address typed on a sep. bit of paper and attached. Not sure where to go from here? Got a headache now! Its all very stressful. Good in someways to be back on the forum interesting reading. Again, many many thanks for the help.

 

pc

[42man]

And make sure you check the statements against the agreement too...you may find this interesting - http://www.consumeractiongroup.co.uk/forum/showthread.php?291945-Phoenix-Recoveries-vs-D-Kotecha-Court-of-Appeal

[plucked chick]

In 2009 I received a Notice of Discontinuance from the Court regarding an Egg debt as I had issued an N244 because there was no DN sent a

 

Egg could not produce a copy of said DN.

 

This morning a huge bundle arrived in the post consisting of copies of all my egg credit card statements right back to 2001!!?

with these was a letter from Activ Capital who state that they can still chase me for the debt and are determined to do so.

 

What should I do,

anyone any ideas this is really getting me down now as I thought it was done and dusted.

[ScarletPimpernel]

Who brought, and subsequently discontinued, the original case?

[plucked chick]

The infamous Drydens - the letter they sent to the court said that the decision had been made on "commercial grounds" Activ Kapital sent a copy of their letter to me with all the statements. One thought though I have not received any Notice of Assignment for this debt.

 

Many thanks for the swift reply.

 

pc

[howardhewit]

I presume they will have to ask Court's permission to restart Court proceedings following Notice of Discontinuance.

[plucked chick]

I presume so but if they haven't got the relevant papers i.e. CA (the one they had has someone elses name scribbled over it?) I did not receive a DN. Luckily I have all the correspondence - a whole box of it. Can they take this to Court twice?

[sillygirl1]

They can try, all you do is cross reference the original case and game over, there will not have been a substantative change to the particulars of claim that should allow this to happen (IMHO intervening interest is NOT a substantative change, nor is reproducing documentation).

[howardhewit]

Once a Claim is Discontinued it is difficult to restart it, especially if the new Claim they are about to bring is on the same basis as the initial one.

 

They must make pleadings to the Court and explain why they think it would be suitable to restart the Claim.

 

In all likelihood, the Court will refuse their application.

[plucked chick]

Many thanks all - I will just ignore their threats until they do something - in their letter they didn't actually say what they wanted they just said we are allowed to come after you for the money and we are??