Drydens Egg - redetermination hearing 2morrow

[plucked chick]

Yes fast track

[Viscount Stair]

Then, frankly, I have no idea how they can justify a cost estimate of £6,000. However, I am not that up to date on costs levels (and I have misadvised someone else on fast track costs this morning), so I will throw this one out for those with greater practical experience.

[Sunshine54]

hi

 

hope you don't mind the question but is there a cap on costs for multi track claims?

[Viscount Stair]

That much I do know: no, there isn't a cap on costs in multi track cases.

[plucked chick]

Hi all,

 

Been awake most of last night wondering what to do regarding this court case with egg credit card. After their last offer before this one what I can afford will not be suitable as I am paying them as much as I can already at £10 per month. They asked for £150 per month plus the voluntary charging order which was a bit silly really as I was paying £160 per month minimum payment when I got into difficulties. They obviously have only given me the seven days because the paperwork for the court has to be filed by the 9th April? I have looked up this Calderbank offer and it looks as if its a double edged sword. In fact they have only given me five days if you count the weekend and four if its by date of the letter. I did read that the offer needs to be open for at least fourteen days to be considered by the Court as a reasonable period? Anyone any helpful tips or thoughts please?

[plucked chick]

:!:Hi All,

 

Can anyone help me with my amended defence

- have been staring at this computer now for two hours and my mind's gone completely blank with panic

as I realised that it's Easter and I haven't got until the 14th I will have to get it in by tomorrow.

 

What should be in the amended defence is it the correspondence I have had with DCA

- copy of the dodgy cca

- template of the DN

- I think I'm going to pieces

- went through a pedestrian red light the other day as this is driving me crazy and nothing else is in my head at the moment

so am waiting for something to drop on my mat about that!!!!????

 

Lost the plot - never felt like I've needed a drink this early ever

- come to that I don't really drink!!!!!?????

[nicklea]

plucked chick,

 

Amended defence to what?

 

Could you point us to your original thread on this subject so we know what you're talking about?

[plucked chick]

Oh course sorry see what I mean I cannot think straight.

 

I sent in my AQ in January with some wonderful help from here with Draft Directions which have come back

 

There shall be a standard disclosure of documents by list by no later than 4.00. p.m. on 12th April, 2009 to include:-

Claimant's copies of the Credit Agreement and any documents referred to within it,

Default Notice compliant with s87 (1) Consumer Credit Act, Document, contract or deed of assignment, and Notice of assignment,

with proof of service of the same compliant with s196 of the Law of Property Act 1925.

 

There be an inspection of documents by no later than 4.00 p.m. on 14th April.

There be simultaneous exchange of witness statements of fact by no later than 4.00. p.m. on 1 June 2009.

 

I have several different copies of terms and conditions with nothing to link the CA with the Terms and Conditions received.

I know that they can only produce a template of the DN and a very dodgy looking post itted CA.

But I don't even know where to start on this. Help!!!!

[plucked chick]

Oh and sorry its a credit card agreement etc.

[nicklea]

From what you said, you only need to exchange documents by 12th April - you don't need to do anything else by then. If you haven't got any documents that they need to see then you don't need to send them anything.

 

Once you have the documents from the other side you then need to do your witness statement by 1st June.

 

Where does it say anywhere on the order that you need to do an amended defence by 12th April?

[plucked chick]

Hi there anyone,

 

Maybe there is a template for this sort of amended defence? I have been looking through the threads to see but have exhausted myself with it and still my page has only got as far as IN THE COUNTY COURT etc......ahhhhh me brain is all fuddled with panic.

[plucked chick]

Hi there Nicklea,

 

Looking at the Notice of Allocation to the Fast Track it doesn't

but when I took my AQ in with the extra bits of defence in the court office

she said I would have to file these again when I did my amended defence?

 

What do I have to send in my the 9th as it says there shall be standard disclosure of documents by list.... to include?

 

The DCA have sent a "Calderbank" offer but only given me seven days to reply.

 

Am I just in a general state of panic - so maybe like you say its the

"There b simultaneous exchange of witness statements of fact by no later than 4.00 p.m. on 1 June 2009"

 

is that my amended defence bit??

 

Many thanks for replying.

[plucked chick]

Is an N244 appropriate or should I wait and see if they can produce the documents as in the Draft Directions I requested that it be struck out if they cannot produce the documents - I did try and do one at the same time as my AQ but the DWP did not send me proof of income support in time?

[nicklea]

Hi there Nicklea,

 

Looking at the Notice of Allocation to the Fast Track it doesn't but when I took my AQ in with the extra bits of defence in the court office she said I would have to file these again when I did my amended defence?

 

I presume that in your original defence you said something like "I will do a more fully particularised defence when the Claimant complies with my request to see these documents"

 

Well, you can't do an amended defence until you do see these documents

 

What do I have to send in my the 9th as it says there shall be standard disclosure of documents by list.... to include?

 

This is a list of any documents relevant to the claim that you have in your possession. You list them (if you have any - you might not) and then send the list to the other side. They then say which documents they would like to see. The other side may actually just send you copies of all the documents rather than send you a list of them

 

 

The DCA have sent a "Calderbank" offer but only given me seven days to reply.

 

This is a letter that says something like "without prejudice except to costs". What they are doing is offering you a deal prior to going to court. It's up to you to decide whether to accept this deal or not.

 

 

Am I just in a general state of panic - so maybe like you say its the "There b simultaneous exchange of witness statements of fact by no later than 4.00 p.m. on 1 June 2009" is that my amended defence bit?? Many thanks for replying.

 

You can request that your defence be amended at any stage, here is a clear explanation of what a witness statement is for:-

 

Trading Standards Division - Consumer Advice - County Court Support Pack

[nicklea]

Is an N244 appropriate or should I wait and see if they can produce the documents as in the Draft Directions I requested that it be struck out if they cannot produce the documents - I did try and do one at the same time as my AQ but the DWP did not send me proof of income support in time?

 

 

I really don't know how much use it is trying to get claims struck out - I've never heard of anyone being successful before the hearing

[plucked chick]

Many thanks Nicklea,

 

All I have really is letters and replies to the letters that they have sent and a copy of a letter from The Ministry of Justice

saying that regarding the question of charging orders on unsecured debt that my MP wrote to them about

- that no decision has yet been made on implementing this.

 

I was going to include that as DCA are trying to go for a charging order at the same time.

 

Does that sort of correspondence go in the amended defence or as documents as all I had thought of is challenging the validity of their CCA

as there is another persons name on a post it over the words

 

"Important you should read.......and is plastered over most of the second page

- is this the appropriate time to bring this up or is that the amended defence bit??

[plucked chick]

This is a bit of an up date on Egg (Drydens) - I wrote and thanked them for their Caldebank Offer which unfortunately I could not accept. They have now written with a "Tomlin" offer - can someone tell me what a Tomlin offer is I guess its a pre court settlement offer? They are putting very harsh clauses in regarding increasing payments and the right to go "for the jugular" if I am a day late with a payment? I haven't heard anything from the Court regarding whether or not they put in their documents that the judge asked them to produce by the 12th April but I have got a date of the 3rd July. Do I have to put in an amended defence or do I now put in the N244 as they obviously haven't been able to produce a copy of the default notice etc.? Anyone? Have got to sign off till tomorrow as not on line until tomorrow am. Would really appreciate some advice on this one. Many many thanks for all the previous help and support.

As regards the "uneforceable debt" thingy - I did see in the paper today a small snippet saying that they were considering halting any further applications as there are approx 100,000 cases waiting (taking that with a pinch of salt its still a hell of a lot!!!!)8)

[Spamalot]

Have a read of this...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/183981-county-court-claim-help-6.html

[patrickq1]

if you beleive you have a strong case against them then do not accept a tomlin order....it is more than you think and they will more than likely increase payments and with this T/O it is in effewct a new agreement...

 

 

Term: Tomlin Order

1.

A Tomlin Order stays a claim on agreed terms that are set out in a schedule to the court order, which remains confidential between the parties and brings the disputes between the parties and the litigation to an end other than for the purpose of enforcement proceedings, if they are required.

These orders are recognised by Part 40.6 of the Civil Procedure Rules and generally take the form:

'The parties having agreed to the terms set out in the attached schedule

IT IS ORDERED BY CONSENT:

1. That all further proceedings in this claim be stayed except for the purpose of carrying such terms into effect

2. Liberty to apply.'

 

The terms of settlement are thus set out in a confidential schedule to the order

[MARTIN3030]

Would do no harm to call the Court and ask if they have submitted anything following the order to submit by 12 April.

You are under no obligation to accept the terms within the T.O.

 

There remains sketchy details about the claims.

Its too early at this point to know if there will be blanket stays imposed.You could ask your Court to clarify that while you are on to them.

Have they dated the TO ?

[I've got no money]

The other thing of course is that you could respond to their TO with your own and take out the clause that allows for an increase. You could say that you would only agree with no review clause.

 

I personally would never advise anyone to agree to a Tomlin with a clause giving the other side an unconditional right to increase payments

 

The essence of a TO is that it avoids a CCJ - which is why there is always a clause that if you default that they can enter a CCJ

 

As I think, as has been explained already - the issue really is do you have a defence to the claim that has a realistic prospect of success - on the basis of what is on this thread I can't express a view. I'd need to look at the agreement, D/N etc

 

Is there a thread already - if there is it might be easier if everything was on one thread so that its' all in one place

[MARTIN3030]

Good points IGNM and another green blob for you.

[plucked chick]

Hi guys,

 

Many thanks for the replies - have only just managed to persuade my 'puter to say "yes" to working as it decided it had lost the desktop. The main thread I will post when I work out how to link - I will just go and look at how to post the link. Would I have received any copies of any documents (if any) that would have gone to the court. The Tomlin offer only gave me 7 days from the date of the letter to reply - its been fourteen and they have wrote to me on Friday to ask me to reply? They do not have a DN only a template of one to show me what it would have looked like as I did not receive one. Am going to try and link the post now.

 

pc

[plucked chick]

Hi guys,

 

Sorry to be a thicky but how to I put the link from the other thread to here?

 

pc

[Spamalot]

which thread is it? If you can open another tab and then open the thread you want on that tab....highlight and 'copy' the threads http and then paste it into the reply box in this thread... if you are not confident doing that then just say which one it is and someone will do it for you.