Egg - County Court Summons - could anyone help please?

[Sunshine54]

hi, is this an Allocation Hearing?

 

if so, any advice on what to prepare? (sorry for asking the same questions repeatedly - I must be deaf )

[Sunshine54]

hi

I've been reading as much as possible on the site in order to build an effective defence.

 

ONe question relating to Data Protection request lots of people seem to have received 'internal' documents, notes etc with their request but I've got a mountain of paperwork but it's all copy statements, agreements and screen prints.

 

Should I be asking for the rest of the information even though I don't know precisely what is missing? any suggestion on what to request from the solicitor would be useful

many thanks

[Sunshine54]

morning all

 

I need to have my defence ready in a couple of weeks

 

could anyone point me to a defence for an Egg agreement that was unenforceable for the same reasons that mine is unenforceable?

 

thanks in advance

[MAGDA]

morning all

 

I need to have my defence ready in a couple of weeks

 

could anyone point me to a defence for an Egg agreement that was unenforceable for the same reasons that mine is unenforceable?

 

thanks in advance

 

Have had a look on the forum, but couldn't find any cases where someone has been taken to court for an Egg loan. They don't tend to issue proceedings very often, instead they usually sell the debts on. It might be a good idea if you pm PT and ask him to look at your thread, as he is currently doing battle with Egg. Otherwise, if you don't yet have all the paperwork you need from Egg to submit a proper defence (not sure what you actually have yet) you could just do a holding defence from any of the threads currently fighting a court claim. You can always submit an amended defence later. Hope this helps a bit, Magda

[r&b]

hi sunshine,

i dont know the facts of ur case but from what i have gathered it can be useful to have a very succinct, to the point defence followed up by a skeleton argument which outlines and bolsters the points in ur defence with case law and statutes etc making it very clear for a judge to view.

IGNM has examples of how to put these together. the underlining is just his way of showing amendments so not required.

posts 6 & 14 here if appropriate:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191754-arrow-global-ignm-1st.html

[Sunshine54]

evening Magda an R&B

 

I really appreciate your input. I will do as you suggest Magda and pm PT. This Egg Loan issue has been ongoing and I have to put in a fairly detailed defence. I have some information but have asked for more detail and expect that to be forthcoming in a timely manner!

Edited November 5, 2009 by Sunshine54

[MAGDA]

evening Magda an R&B

 

I really appreciate your input. I will do as you suggest Magda and pm PT. This Egg Loan issue has been ongoing since January and I have to put in a fairly detailed defence. I have some information but have asked for more detail and expect that to be forthcoming in a timely manner!

 

Sunshine, I believe you did a cpr 31.14 request quite some time ago. Have you repeated this request recently, or are you still relying on the original one to get the claimant to provide the info you require? If I were you and they do not respond within the given timeframe of seven days, or ask for more (reasonable) time, explaining why, then I would apply to the court (N244) requesting that they either supply the documents by such and such a date or the claim will be struck out. It is often a good idea to jump at any opportunity to do this.

 

The other thing is, I have read through your thread again, but didn't notice whether you have calculated any unlawful charges that might have been added to the account.

 

What documents are you now waiting for exactly? Is it the DN and details of the PPI? Also, do you have any response to the SAR providing statements etc?

 

Also, I know there is always the risk that the claimant might be looking at these threads, but it might also be a good idea to provide the actual figures relating to your loan as shown on the agreement, as these may not be correct in some way.

 

 

Magda

Edited August 26, 2009 by MAGDA

[Sunshine54]

good evening

 

I've received a lot of information but asked for documents/notes that are not on the system as they only sent me system generated stuff. The DN is fine.

 

I don't think that there were any charges added to the account as I never missed a payment until I couldn't afford to pay.

 

 

I'm just getting a tiny bit fractious about the defence structure but I'll scout around the forum and see what I can pick up.

thanks lots

S

Edited November 5, 2009 by Sunshine54

[MAGDA]

good evening

 

I've received a lot of information but asked for documents/notes that are not on the system as they only sent me system generated stuff. The DN is fine.

 

I don't think that there were any charges added to the account as I never missed a payment until November when I couldn't afford to pay.

 

I can't work out how the claim amount is calculated but when I mentioned that to the DJ he simply said that it is the Claimants responsibility to prove their claim and not mine (he was extremely nice).

 

I have also asked for a detailed breakdown of the loan and how the money was distributed (it paid off existing agreements with a very small cash payment into a bank account)

 

I'm just getting a tiny bit fractious about the defence structure but I'll scout around the forum and see what I can pick up.

thanks lots

S

 

Hi sunshine, will have a look tomorrow as I did see a couple of defences today that might be ok with something added about section 18, mulitiple agreements. Just one thing, have they charged s69 interest on the claim? this will be in the POC and added on to the amount being claimed?

 

Everything will be fine, so try to stay positive, you are doing really well so far.

 

Magda:)

[Sunshine54]

morning Magda

 

if you could find somethng for me to work from that would be fantastic

 

yes they did add interest.

thanks again

S

[MAGDA]

Hi Sunshine, here is something for you to work on re: your defence, needs some formatting, have put in as much as I can, but you will probably want to add other points that you want mentioned where appropriate. Hope it helps: Magda

 

sunshine defence.doc

 

I have mentioned about the DN, even though you say it is compliant, as it may come to light later (ie., date when posted, amounts claimed, etc) that it actually isn't, so I think IMO it is best to mention it anyway at the moment. Also, the claimant isn't entitled to claim s69 interest (if this is what is being claimed) on a consumer regulated agreement and I will post up the details on this, so you might want to add that in as well.

Edited August 27, 2009 by MAGDA

[Sunshine54]

hi

I've been logging into the forum, reading posts then logging out again!.

I've finally got some time to get my defence together. I'll base it on your draft Magda so thanks very much

 

I'll be back

[Sunshine54]

hi

 

this may be a silly question (apologies in advance but I have had a couple of glasses of vino)

 

What is the important figure on a Default Notice? is it the amount of arrears or the amount they say will be payable if the default is not remedied within the time period?

 

many thanks in advance

[Sunshine54]

hello again

 

question relating to PPI.

 

The Egg loan agreement disputed on this thread includes PPI.

 

The bulk of the loan advance was used to repay an existing Egg loan which also included PPI.

 

 

many thanks in advance

Edited November 5, 2009 by Sunshine54
clarity

[MAGDA]

hi

 

this may be a silly question (apologies in advance but I have had a couple of glasses of vino)

 

What is the important figure on a Default Notice? is it the amount of arrears or the amount they say will be payable if the default is not remedied within the time period?

 

many thanks in advance

 

It should all be accurate, but the arrears you needed to pay in order to remedy the situation is the important figure, as if this is overstated, then obviously this may put you at a disadvantage in being able to repay it.

 

On the skeleton defence (to get you started) that I posted above, just wanted to point out that para 3 has a typo, "It is averred that if any agreement existed that the aforesaid agreement was not a regulated agreement within the terms of the Consumer Credit Act 1974" It should read "the aforesaid agreement was" so you need to remove the word "not"

 

When you have drafted your amended defence if I were you I would post it up so that you can get it checked before sending off as it can help to get other opinions on it sometimes.

 

I'm sure you will get some comments on it and more help then.

 

Magda

Edited September 6, 2009 by MAGDA

[Sunshine54]

morning Magda

thanks for the clarification on the word 'not'

 

I believe that the amount of the arrears was correct but the balance was not. never mind - it just adds to the confusion

 

I will crack on with my defence and post it for feedback as you suggest

 

S

[Sunshine54]

hi

 

sorry to nag but any ideas on the PPI issue in post 189?

[MAGDA]

http://www.consumeractiongroup.co.uk/forum/legal-issues/201020-court-case-3-northern-11.html#post2382758 Sunshine have a look at post #206 on this thread re: amended defence including PPI and how to incorporate it into your own defence. You don't have to get into specific figures. Hope this helps, Magda

[Sunshine54]

Magda - you are a star!

 

thank you so much

S

[Sunshine54]

another request for assistance I'm afraid

 

does anyone know how to use Dualcalc to check interest rates/balances?

 

I've managed to download the program but I've gone cross eyed trying to understand it and the 'help' notes. (it's like a foreign language to me)

[Sunshine54]

Hi Magda

 

how detailed does this Defence need to be? I need to get all the high level points in but don't really know how much detail I need to go into at this stage.

thanks

S

[MAGDA]

Hi Magda

 

how detailed does this Defence need to be? I need to get all the high level points in but don't really know how much detail I need to go into at this stage.

thanks

S

 

Hi Sunshine, I was told that detailed reference (i.e., actually stating the full facts) relating to case law and legislation should not go in the defence, To quote IGNM: "basically in a defence you plead facts and only quote small amounts of law - you put all the legal argument in a separate skeleton argument."

 

Magda.

 

You might want to pm steven4064 re: Dualcalc, he is very good with figures.

 

Magda

Edited September 7, 2009 by MAGDA

[Sunshine54]

hi Magda

I'll see what I can do re pm Steven4064

 

thanks for all your advice - it's much appreciated

S

[Sunshine54]

another couple of questions re PPI

 

 

many thanks in advance

Edited November 5, 2009 by Sunshine54

[MAGDA]

another couple of questions re PPI

 

the Insurance was provided by AXA through Egg. will AXA have paid Egg a commission on the business and is that relevant to me in this claim?

 

If the policy says that it's valid for the term of the loan agreement does that mean that it has to be cancelled when the loan is 'topped up' ?

many thanks in advance

 

They do receive commission payments: The Competition Commission found that they were receiving up to 80% of the first year's premiums as commission. This is relevant as it is a reason why the policy will have been missold - they push people to take these insurances out even though they have very little chance of receiving a pay-out if the event that it is needed.

Credit card companies guilty of mis-selling PPI

 

As far as your question goes re: "if the policy is valid for the term of the loan, does it mean it has to be cancelled when the loan is topped up? What are the exact details in your own case that you are referring to? As far as I know, when you top up a loan you receive a new agreement and a settlement figure for the old one, so I would have thought that the ppi (or a proportion of the ppi) should then be refunded, how much depends on how long the policy has been running, and you would be given the option to take out ppi on the new 'top-up' loan if you required it. After all, the original loan might have been for say £2000 and with the top-up could now be for around £10,000, so the original ppi would be useless anyway.