Egg - County Court Summons - could anyone help please?

[MAGDA]

evening Magda

 

thanks. I've tidied it up, got rid of the typos and made sure that all the points are numbered for ease of reference later and now got two copies ready for tomorrow. One will be hand delivered to the Court in the morning and one posted to the Solicitors.

 

thanks again for your help Magda.

Sunshine

 

No problem, if you need any more help, just shout.

 

Magd:)

[Sunshine54]

good evening

 

this is probably a true 'Numpty' type question but I'm tired and not concentrating.

 

Does the loan agreement have to put the total amount that would be repaid includng interest or just have the total amount ie loan plus PPI and then the APR and number and amount of monthly repayments?

thanks in advance

S

[steven4064]

It has to have the total amount of the loan plus how the loan is to be repaid. To be properly executed it must also have the total cost of credit

[Sunshine54]

hi Steven

 

thanks for the response. so, to be very clear (cos my brain is very muddled) when we say 'total cost of credit' is that the amount of interest (assuming that there are no other charges to be added)?

many thanks

S

[N.P]

It has to have the total amount of the loan plus how the loan is to be repaid. To be properly executed it must also have the total cost of credit

 

 

Can I just butt in here?

 

Steven, are you saying the Loan MUST have to total amount to be repaid including interest?

 

My Egg Loan shows the amount borrowed, but their is no cost for the interest shown, only something like Interest 8.4% and APR 7.5%. These figures are just out of my head, but that is how it is listed.

 

There is also no TOTAL amount to be paid back, shown. Only something like 84 payments of £208, to be paid untill the outstanding balance is paid off.

 

Any comments on this please?

 

 

 

N.P

[Sunshine54]

HI NP

feel free to butt in ...

 

that's what I'd like to establish cos I find it slightly confusing.

regards

[N.P]

Sunshine, which page is your CCA on? Do you have it scanned up? I`d like to take a peek

[Sunshine54]

Hi N.P

post 121 on page 7

regards

S

[Sunshine54]

hello

 

I've got a question re documentation and information requests that I've made.

 

I received a stack of paperwork from Egg under a SAR but it's not complete. Because of the court proceedings the request for that info has been subsumed into the requests for info under 31.14

 

 

any advice gratefully received

S

Edited November 5, 2009 by Sunshine54

[MAGDA]

With a cpr 31.14 request for specific disclosure, they only need to provide copies/inspection of something that has been specifically mentioned in their statement of case, because to mention it is to disclose it. If it hasn't been mentioned specifically then cpr 31.14 doesn't apply. As far as the SAR goes, they should be providing transcripts of tel calls etc (if any exist) in response to this, and if they haven't, then they haven't complied with your request. You shouldn't have to give specific dates as they should be providing details of all the data they hold. Is there a specific phone conversation(s) that you are interested in, or do you just generally want to see the records? Magda

[Sunshine54]

hi Magda

 

nice to hear from you (should have known you'd come to the rescue lol)

 

 

 

When I put in the SAR I quoted 2 specific loan agreement numbers but they sent partial details for three credit cards too. Do I need to send another request and £10 to ask for everything they have on me as a customer?

many thanks

S

Edited November 5, 2009 by Sunshine54

[MAGDA]

hi Magda

 

nice to hear from you (should have known you'd come to the rescue lol)

 

I'm keen to get the telephone conversations during the period of my redundancy to show that they didn't process a claim as they simply told me that I wouldn't be covered as not receiving benefit. There are a few other details I'd like but that one would be useful. There are others that would be 'interesting'

 

When I put in the SAR I quoted 2 specific loan agreement numbers but they sent partial details for three credit cards too. Do I need to send another request and £10 to ask for everything they have on me as a customer?

many thanks

S

 

Hi Sunshine, don't know about coming to the rescue:D I would write to them again, and don't send £10 because you have already paid once, so certainly shouldn't have to pay again. I would just specify that you require all telephone call transcripts which they are legally required to provide, but specifically require transcripts for the period from xxxx to xxxxxxx (which could cover a period of several months even) That way, although you shouldn't have to give specific dates you are probably more likely to get the info you want.

 

 

Hope this helps, Magda

[Sunshine54]

good morning

 

 

thanks in advance

S

Edited November 5, 2009 by Sunshine54

[N.P]

Bumping this!

 

I don`t know SS, perhaps Magda or someone will be along soon to advise.

 

Good luck anyway!

[MAGDA]

Hi, sorry don't know very much about counter claiming, or the fees involved.

 

not sure if it depends on the amount being counter claimed or not.

Hopefully someone with a bit more knowledge on this will help shortly. Might just be an idea to ring the court and ask them if a fee should be paid, although I'm sure also that there are lots of posts/threads explaining counter claims on the forum - if I happen across anything will let you know.

 

Magda

[Patma]

Hi Sunshine,

How long ago did you put in your counterclaim?

There is a fee to pay, which I think is £225 or thereabouts currently. If you're in receipt of benefits you can get full fee remission however. What should happen if you didn't include the fee when you sent your counterclaim in with your defence is that the court should write to you, giving you a short time in which to pay the fee (7 days I think)

Hope this helps.

[Sunshine54]

Hi Patma

 

many thanks

S

Edited November 5, 2009 by Sunshine54

[Patma]

I better act on Magda's advice and check with the court in the morning

many thanks

Yes I think that would be the best plan. Good luck

[Sunshine54]

good morning all

I received a copy of the response to my defence and counterclaim and it makes interesting reading

 

I'm going to spend some time addressing each of their responses in readiness for the next hearing and I'll no doubt be back on here asking for guidance

got my first question

 

I said that the agreement is a multiple agreement within s18 of 1974 CCA

they t say that even if it is a multiple agreement it would still be enforceable because of s65 of the Act

 

anyone advise or point me in the right direction?

thanks in advance

Edited November 5, 2009 by Sunshine54

[MAGDA]

Hi Sunshine, I would have a really good read of the following thread: re PPI and multiple agreements.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html

 

As far as section 65 goes, when did you take out the loan, if it was before April 2007, then section 127 (3) would apply:

 

(3) The court shall not make an enforcement order under section 65(1) if section

61(1)(a) (signing of agreements) was not complied with unless a document (whether

or not in the prescribed form and complying with regulations under section 60(1))

itself containing all the prescribed terms of the agreement was signed by the debtor or

hirer (whether or not in the prescribed manner).

 

In which case the claimant is talking rubbish.

 

And I would think the merits of your argument re: section 18 would apply anyway, regardless.

 

Magda

Edited October 11, 2009 by MAGDA

[AndyOrch]

Excellent Magda.

 

Regards

 

Andy

[Sunshine54]

hi Andy/Magda

 

many thanks

 

 

I'll be back

regards

S

Edited November 5, 2009 by Sunshine54

[MandM]

subbing with interest.

M

[Sunshine54]

good morning all

 

I haven't paid much attention to this for the past couple of weeks for a number of personal reasons

 

The case management hearing is coming up and I'm not sure how much detail I need to have provided to the Judge for the purpose of that hearing

 

could anyone advise?

many thanks in advance

[Ron 2015]

Hi Sunshine

 

Just a quick update on my situation. I had an Egg cc with the aproved limit on the agreement. My solicitor told me that it was very risky to go to court.

 

So I decided to offer full and final settlement with Drydens. The amount was over 18K and they agreed to 9K after some haggling.

 

I feel this was the best route for me and just thought that I would let you know that Drydens will settle.

 

Best of luck

 

Ron