Hillesden/Nolans Scottish Claim - Old EGG loan Debt

[bgqs]

I have just received a court summons from Egg regarding an old loan. I intend to dispute this as much as possible.

 

I will send the summons back confirming my intention to defend the claim.

 

Can anyone give me a good template to send to Egg requesting the copy of the served default notice and also, an executed copy of the CCA.

 

Thanks...any help would be much appreciated.

[42man]

What are the POC's ? (Particulars Of The Claim) - don't be too specific with the numbers...also is this directly from Egg or is it via a Debt Collection Agency/Solicitor ?

[bgqs]

I am at work at the minute mate but will type their POC later for you to review...

[supasnooper]

Just a couple of questions,

 

How old is the loan and when did you last make a payment ?

[bgqs]

The couort hearing is already set for mid-january according to my wife !!! Is this normal without me issuing a defence of otherwise ???

[bgqs]

Okay, an update (Scots Law remember !):

 

The form is a Form 1a and was served by (removed to avoid the search bot !) Solicitors. The person making the claim is Hillesden Securities Limited.

 

The claimant is a DCA. Will post POC shortly.

Edited November 27, 2008 by bgqs

[Elkus]

The couort hearing is already set for mid-january according to my wife !!! Is this normal without me issuing a defence of otherwise ???

 

Was that what your wife said? Usually a court date is not set until both parties have stated their position (admittance, partial defence or defence) and had a chance to put their paperwork through to the courts. This can take several months.

 

Elkus

[bgqs]

The details of the claim are:

 

Quote

1) The defender resides at the address as stated in the instance which is within the territory of this court and has been so resident for more than three months immediately prior to the raising of this action and is domiciled there. The court accordingly has jurisdiction. The the knowledge of the pursuers no proceedings are pending before any other court involving the present case of action between the parties hereto nor is there any agreement between the parties propogating jurisdiction over the subject matter of the present cause to another court. The nature and circumstances of the defender's residence are that he has a substantial connection with Scotland.

 

2) On 12/10/2004 the Defender entered an agreement with EGG BANKING under which the Defender borrowed from them the sum of £XXX.XX payable on demand. The Defender failed to pay as agreed on demand and is in breach of contract with the said EGG BANKING. The said supplier assigned all rights in the said debt to Hillesden Securities on 5/4/07 and Hillesden Securities have advised the Defender of same. The said sum of £XXX.XX is the sum sued for. The pursuers have made frequent reuqests to the Defender to make payment of the said sum but the Defender has refused or delayed to do so

Okay, any views or thoughts on the best way forward ???

 

I am thinking dispute the claim to the court...send (Removed to avoid the search bot !) the request for CCA, default notice, letter of assignment from egg....have I missed anything ???

 

Court hearing date is 21st Jan 09 and the return date is 14th Jan 09....

 

Any help would be appreciated.

 

@Elkus: I know mate...that is also the way that I used to get county court claims in England....however this is different....maybe cause it is Scotland ???

 

The form is from here:

 

Small Claims Forms

 

However, the court date is as posted above and the "Official Use Only - Summons No." is completed ???

Edited November 27, 2008 by bgqs

[42man]

Bggs i'll move this to the Scotland debt forum...

[bgqs]

Many thanks...I just hope that someone still looks at this issue !

 

Was just looking at this...

 

Can I be sued in England? | free help from Govan Law Centre , Glasgow

 

The agreement was taken out in England. I have since moved to Scotland. Could I infer that the case is outwith the jurisdiction of the Scottish courts ?

 

Forget that last one, I have answered the question myself:

 

Quote

Denied that this court has jurisdiction. I reside at [insert your full postal address]. This is my principal or main home and I am domiciled here for the purpose of section 41 of the Civil Jurisdiction & Judgments Act 1982 ('the 1982 Act'). I entered into a contractual agreement with the plaintiff as a consumer. Paragraph 3(4) to schedule 8 of the 1982 Act provides as follows: "(4) Proceedings may be brought against a consumer by the other party to the contract only in the courts for the place where the consumer is domiciled or any court having jurisdiction under rule 2(i)". Rule 2(i) concerns moveable property which has been arrested and is not applicable. Paragraph 3(6) does not apply. Accordingly, this action is incompetent for want of jurisdiction and should be dismissed with expenses in favour of the defendant.

 

Sending this today to the pursuer/nolans and copied to the court:

 

Quote

IN SCOTLAND

 

In the XXXX Sheriff Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, I request you to provide me with the information and documents detailed below.

 

I request that the information should be furnished within fourteen days of the receipt of this letter. If you fail to comply, it may hamper proceedings and result in me filing an unnecessary defence or counter claim.

 

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. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. 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 ORIGINAL CREDITOR.

c. 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.

d.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).

e. 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.

f. 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.

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

h. 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.

i. Copies of statements for the entire duration of the credit agreement.

 

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

 

 

I must advise you that if the information is not forthcoming, it may delay or frustrate the equitable resolution of this matter and result in unnecessary cost for both parties.

 

Yours sincerely,

 

XXXX (type, don't sign).

 

Just looked through my previous correspondance, and in June 2007, I received a letter from a company called DLC whose client were Hillesden Security requesting repayment of the above debt.

 

Is this a my defence in itself that that they should have provided notice of assignment between DLC and Hillesden ?

 

I have rang the court and I can dispute/concede at any point up until the date of return which is 14th January 09.

[IdaInFife]

Did you receive a default notice?

 

 

Ida x

[bgqs]

No...but I am sure they could draft one retrospectively !

[IdaInFife]

Depends on if they draft it correctly!

 

There's no rush as you have until January to post your defence which I am sure Rory will help with.

 

And you are sending the above letter whcih is what is needed. Let's see what or if they send a response.

 

 

Ida x

[bgqs]

Do you think I should leave the "Intend to Defend" notice to the court until nearer to the return date...I could actually submit my intent to defend along with my defence in january ?

 

What happens if they fail to provide the requested information within reasonable time prior to the hearing date ? Can I ask the case to be set aside ?

[IdaInFife]

Yes you can put thru your intend to defend ( carter has a habit of withdrawing if defendants try to defend)

 

if you donlt rec anything from them in 14 days you give the a nudge

 

if they still don't comply the you use this in your defense but I'm sure Roray will help out when you need to draw your defence

 

 

idax

[bgqs]

The solicitor is not Carters....It is (Removed to avoid Search !) ? Do they withdraw upon defence being issued as well ?!!!

Edited November 27, 2008 by bgqs

[rory32]

Usually a court date is not set until both parties have stated their position

Unless it's a small claims in Scotland.

 

At the moment you just need to lodge your intention to defend.

 

You'll find more information regarding the small claims procedure here. In particular you should read the responding to a claim and the going to court guideance notes.

[bgqs]

thanks Rory...Will you be able to help me when I compile my defence ?

[rory32]

Yes, I'll give you hand with that nearer the time.

[bgqs]

Excellent...thanks Rory...

 

I am using this thread to keep track of dates etc....Summons posted recorded delivery today with intention to defend.

 

Also, posted recorded delivery request for information to sol.

 

Rory,

 

Could I request a NOA from Hillesden to DLC as I have past paperwork from DLC ? Why would I pay them when I don't know whether they own the alleged debt ?

[rory32]

Yes you can request the Notice of Assignment.

[bgqs]

Also, another one to throw into the melting pot is the fact that I recently requested my experian file and nowhere on there does it mention egg, hillesden or DLC....surely, if they had given me a default, it would be registered on my credit record ????

[rory32]

I would get your credit report from Equifax as well. Sometimes they hold different information.

 

The lack of a Default Notice is potentially very important.

 

Did you receive a Letter Before Action advising you of potential court proceedings?

[bgqs]

No, I dont believe so. the last correspondance I have is June 2007

[rory32]

Good

 

They're just digging a big hole for themselves.