Egg - County Court Summons - could anyone help please?

[Sunshine54]

hello again

I've been through the documentation sent by Egg and realised that copies of the default notices aren't included and transcripts of recorded conversations are also missing.

 

What's the best way to respond to the missing info as I don't know what else could be missing?

many thanks in advance

[creditcardmug]

Your Name

Yor Address

Your Town

Your County

Your Postcode

 

Date 2009

 

 

The Company Secretary

The Creditor

Creditors address

Creditors town

Creditors county

Creditors postcode

 

 

 

 

LETTER BEFORE ACTION

 

Section 7(1) – Data Protection Act 1998

 

 

 

 

 

 

Account: XXXXXXXXXXXX

 

 

 

 

 

Dear Sir / Madam,

 

 

You have failed to comply with my Data Protection Act Subject Access Request dated xxth xxxxxxxxxx 2009.

 

 

I will remind you as to what documents I expect.

 

The following is by no means an exhaustive list but in the main this is what I require.

 

 

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

 

Additionally, all records you hold on me relevant to this account, including but not limited to:

 

 

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

 

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

 

3. Where there has been any event in my accounts 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. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

 

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

 

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

 

 

6. 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.

 

7. 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.

 

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

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

 

10. 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.

 

11. A copy of all account statements for the duration of the agreement.

 

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

 

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974 for the account.

 

14. Any Other information relating to this account.

 

 

 

If you do not comply within the next 14 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

 

 

 

 

Yours Faithfully,

 

 

 

 

 

 

Print your name here

[Sunshine54]

hi CCM,

 

many thanks, as always, for coming to the rescue

[Sunshine54]

hi

thought I'd give you an update (not terribly exciting though)

 

The case has been stayed for about three months waiting for Egg to provide the agreements under the CPR request.

 

Today I received a Notice of Arrears - what's that about? I'll just file it unless anyone suggests I should do something else?

[N.P]

Hi Sunshine,

 

I`m not exactly sure what the score is with the Notice Of Arrears, but I have received one of those also, not so long back.

 

I think new Regs mean they must issue them, so customers are kept in the loop, so to speak, just like the yearly Statement.

 

 

 

N.P

[r&b]

 

I think new Regs mean they must issue them, so customers are kept in the loop, so to speak, just like the yearly Statement.

 

 

i believe NP is correct abt this being a requirement of new regs.

[Sunshine54]

morning all (had an early one last night)

 

thanks for the feedback.

 

It's in a nice new format and it also highlights that it includes PPI which they didn't mention in the Court paperwork.

 

It doesn't make a lot of sense given that the case is at court though - I'll just file it and wait 6 months for the next one.

 

thanks again

[Viscount Stair]

Arrears Notices were introduced in the 2006 Act and came into force on 1 October 2008. They are fertile ground for challenge. By all means, file your ANs but do check them for mistakes.

 

As for why they are still being sent during the court case, the requirement to produce ANs continues until judgment is obtained.

[Sunshine54]

ah I didn't realise that.

 

thanks for the education.

[creditcardmug]

Theres some new regs that have come out, im not entirely sure what they are, but involves them bending over backwards to make sure you have all the necessary info to avoid a court claim....all to your advantage

[Viscount Stair]

... especially when Egg got its first batch all wrong - corrected notices were sent out, I have reason to believe.

 

Check the second AN too: does it use the closing balance from the original notice or the corrected one as its opening balance?

[Sunshine54]

hi

having heard nothing for weeks about this stayed court case, today I received a hearing notice from the court saying that the deputy judge had reviewed the Allocation questionaires and has scheduled a 20 minute hearing to see whether all requested documentation has been provided and what the basis of my defence would be.

 

is this usual? I'm a little perplexed as the case is still stayed so I thought that nothing would happen unless either Egg or myself took some action to move it on.

any advice gratefully received

[Sunshine54]

afternoon all

any ideas?

many thanks in advance

[Sunshine54]

hi just read the notice from the Court properly (and realised how easy it is to miss things when in a bit of a panic)

the hearing is a telephone one and the Claimant is ordered to arrange it - is this usual?

many thanks

[Sunshine54]

bump

[N.P]

Hi Sunshine,

 

I`ve never heard of this myself, but perhaps someone else may have.

 

Bump again

[Sunshine54]

Hi N.P.

 

I'll keep trying

[Sunshine54]

hi

I just googled 'telephone hearings county court' and apparently this was introduced in 2006.

 

There are types of hearings that are supposed to be dealt with by conference phone conversations in order to save time and money

 

Conference calls can't be used where the case could be determined. probably a good idea

[creditcardmug]

Sounds like a case management conference (CMC), where the judge isnt happy to draw up an order based on your AQs, and wants to know more, stick to what you have asked for in your AQ, and explain why you need it, dont let the other side try to rubbish your arguments.

[Sunshine54]

hi CCM

 

thanks for your advice and support. I was a bit shocked to received the hearing notification. I rang the court today cos the letter said that I had to attend but then it talked about the telephone etc. They confirmed that I don't need to physically attend the court but the solicitors for Egg need to arrange the call and send me details.

Edited July 31, 2009 by Sunshine54

[Sunshine54]

sorry - the other thing that I didn't appreciate was that the court would progress this even though the case was stayed until I got the info. I suppose I assumed that it would remain in that state until either Egg or myself took some action. Maybe the court are doing some tidying lol

[Sunshine54]

hi another development

I today received a letter from the solicitor asking for contact details to set up the conference call.

Edited July 31, 2009 by Sunshine54

[Sunshine54]

not sure that last question said what I wanted to say

 

what is the best response re me not receiving stuff that they say they have sent.

[N.P]

Hi Sunshine,

 

Not sure really. They could simply be trying to pull a fast one and may have not sent anything at all.

 

You could ask them to prove it by supplying you with a receipt of postage, together with recorded delivery slip which you should have signed.

 

They`ll say they didn`t use such services, then you say `well you should have for such important documents. Then there wouldn`t be anything to argue would there?`.

 

Someone will probably be along soon, hopefully.

[Sunshine54]

hi N.P. thanks for the comment

I have read lots about the actions of solicitors and DCAs on this site so I wouldn't be surprised whatever the outcome.

 

My logic would suggest that if they had sent the documentation to the Court then the Court would have given me a specified period in which to review the paperwork and submit a defence and they haven't done so. The telephone hearing next month may have been scheduled because they submitted documentation to the Court but it seems odd that it wasn't mentioned - or am I just naive?

I'll ring the Court tomorrow to see whether they received the letter

thanks again