Egg - County Court Summons - could anyone help please?

[Sunshine54]

hi CCm, you are a star!!

 

It has already been transferred and the AQ has to be filed by 30th March

 

I will copy all of your fantastic documents and then update them as required with dates etc.

 

I really can't thank you adequately for your help

Edited March 19, 2009 by Sunshine54
no idea but a link appeared in there to a document on my laptop spooky

[creditcardmug]

Your welcome, you can hand deliver it if you want just before the due date, ask for a receipt, also ask whether the other side have filed theirs, ask them to make you a photocopy

 

Dont bother sending a copy of yours to the other side

 

Good luck

[N.P]

Good luck with this Sunshine, I`m watching with GREAT interest

[Sunshine54]

hi

another question (raised by a friend of mine)

the information and documentation you provide is fantastic but does it ever affect the attitude of the Judge at Court when we say 'I'm a litigant in person so treat me a little gently' when we have provided such a knowledgeable, detailed defence?

 

Obviously I'm going to use all of the advice I've been given as it's excellent and there's not a cat in hell's chance that I could have produced anything close without this great site and great people

[creditcardmug]

The judge has to be fair to both sides, while at the same time taking into account you are a LIP, notwithstanding the fact you have taken advice from others, and researched carefully all the relevant aspects of the case..remember the other side may send a barrister...you couldn't hope to match his/her expertise, and the judge has a duty to take that into account

[Sunshine54]

Hi

 

what do you think to this? I said earlier in the thread that I have written to the court (twice) asking permission to submit a proper defence once I've received the info requested under CPR 31.14

 

today I received a letter from the local court saying

 

Upon reading letters from the Defendant

IT IS ORDERED THAT

1. The claim be stayed until the Claimants comply with the Defendants formal request for information of 6th February 2009

[creditcardmug]

Hi did you file the AQ, before getting this order?

[Sunshine54]

hi CCM

 

no I didn't because it has to be in by the 30th March and I wanted to make sure that I got your info correct.

 

Is that a good thing or not?

(fingers crossed)

[creditcardmug]

Theres nothing stopping you filing it, even though the claim is stayed, its best to have it on the court record anyway, the claimant will have to pay a fee to have the stay lifted once/if they comply with the order.

 

If no movement, after a couple of months, you may have to make a formal application to the court for an "unless order"

[Sunshine54]

hi CCM

I'm not sure that I understand. does this mean that I should file the AQ anyway ready for when and if they find the agreement? Would my response response to the AQ differ if I had got the agreement (depending what it said?)

 

sorry if this is a bit daft (I feel as if I've read so much over the past month that I should know the answers to these questions

thanks

[creditcardmug]

One way to look at it is, the court have obliged you to fill in the AQ by xxxdate....they havent so far unobliged you to do so, despite the order to the claimant

[Sunshine54]

ah ok. I thought that if the claim was stayed then everything just went on hold. (shouldn't make assumptions)

 

I'll get onto that in enough time then

 

thanks lots for the advice (I know I keep saying this but it is very much appreciated)

[Sunshine54]

hi

 

I took my completed AQ to the court yesterday and will await developments

The solicitors for Egg sent me a copy of their completed AQ which I received yesterday.

 

I was suprised at how little information it contained.. I suppose from detail that I included in mine, I expected a similar sort of input from them. It didn't even say how much was disputed. I've never seen one before but it seems to contain just the minimal amount of info. Is this usual?

Edited March 29, 2009 by Sunshine54
yet another typo

[creditcardmug]

Yes, i had one myself from C L, there wasn't much on that one either

[Viscount Stair]

subbing with interest

 

I think that there may be another flaw in the Egg DN.

 

Since this is a loan, it is fixed-sum credit and the DN must comply with paragraph 8 of Schedule 2 to the Notices Regs:

 

Requiring earlier payment of any sum

 

8

Where a sum of money is required to be paid under the notice,

(a) the amount of the sum before deducting the amount of any rebate on early settlement;

(b) where any rebate on early settlement is allowable under the agreement or by virtue of section 95 of the Act--

(i) the amount of the rebate allowable calculated on the assumption that early settlement takes place on the date

specified in the notice for earlier payment of the sum; and

(ii) the total amount to be paid after taking into account the amount of any rebate on early settlement, namely the

difference between the amount shown in paragraph (a) above and the amount shown in sub-paragraph (i).

[Sunshine54]

hi,

 

does that mean that the amount they are demanding should be the balance less whatever 'discount' there is due to early settlement?

[Sunshine54]

hi

 

I finally received the information re my Data Subject Information request of the 6th February.

 

first thing is that there's a HUGE pile of papers- copy statements, screen shots etc and copies of my agreements.

There is one agreement that I don't understand and wonder if anyone has any experience of this.

It's dated August 2006 and instead of my signature there is a box ticked and wording saying 'Tick this box this is instead of providing your signature'

 

anyone know about these as I definitely didn't tick any boxes instead of signing and never entered into any agreement online

many thanks in advance

[Sunshine54]

as for the loan agreement that I did sign, I can't scan it as my dodgy printer/scanner doesn't scan but I will take the more manual route and photograph it etc so I should have it on here shortly.

[creditcardmug]

hi

 

I finally received the information re my Data Subject Information request of the 6th February.

 

first thing is that there's a HUGE pile of papers- copy statements, screen shots etc and copies of my agreements.

There is one agreement that I don't understand and wonder if anyone has any experience of this.

It's dated August 2006 and instead of my signature there is a box ticked and wording saying 'Tick this box this is instead of providing your signature'

 

anyone know about these as I definitely didn't tick any boxes instead of signing and never entered into any agreement online

many thanks in advance

 

This refers to an online application.

[Sunshine54]

thanks CCM but I know absolutely that I didn't apply online for anything. In early August 2006 I had just started working again after 7 months unemployed and if anything this would have been a phone call to Egg.

 

Is there anything I can do about this?

 

thanks for your advice - again

[Sunshine54]

here's the front page of the agreement

http://i601.photobucket.com/albums/tt91/sunshine54_album/08042009237-1.jpg

Edited April 9, 2009 by Sunshine54

[Sunshine54]

http://i601.photobucket.com/albums/tt91/sunshine54_album/08042009238-1.jpg

 

and the second page that I signed

 

comments on enforceablilty gratefully received.

[Sunshine54]

bump

[creditcardmug]

What strikes me is that it is a multiple agreement, because it has the loan and the PPI on the one document, but no separate prescribed terms.

Have you read pt's thread on multiple agreements?

[Sunshine54]

morning CCM

I've read so many that I've got them muddled in my head

 

I'll find it and try again.

 

CCM - could you have a quick look at my other thread re Egg and Moorcroft?

many thanks