Egg Credit card 'Let the battle commence'

[Ron 2015]

I have filed an acknowledgment of service today which gives me more time to prepare a defence.

 

The claim was dated 11 August 2009. So does anyone know when I need to file a defence by ? Is it 28 days from the 11th ?

 

When I submit a defence can I say that I believe the agreement is improperly executed and therefore unenforcable and leave it at that or do I have to go into detail ?

 

I will post up the agreement when I get it back.

 

Thanks

[car2403]

The Court claim form will tell you when you needed to submit a defence - as you've acknowledged service, you'll have an extra 14 days to submit it on top of that date.

 

I'm really not sure what we can do to advise you here, Ron, as your Solicitor should be dealing with all of this for you. If not, time to change Solicitor's, or go it on your own (in which case we will be able to help)

[middenmess]

Have you any default charges [late charges etc] on this card?

 

If so have you claimed them back and if not why not?

 

No disrespect to your solicitor but he doesn't appear to be the sharpest knife in the drawer with the advise he's given you so far!

 

Look around the forums for advice on Egg Cards-they is a surfeit of information to be gleaned from them which will help you.

[Ron 2015]

I am going alone on this case now.

 

I have found a letter REQUEST FOR INFORMATION. posted up by PT.

 

It asks for all the information Drydens have on my case and gives them 14 days to reply.

 

If they don't respond then the court will look very dimly on them ( I hope).

 

I desperatley need help on a defence !!!

[car2403]

The issues here are;

 

* Enforceable credit agreement

* Correctly formatted and compliant Default Notice

* Agreement lawfully Terminated

* Fairness of any charges applied, Penalty or not

 

Can you post details of the Particulars of claim, as a starting point? (Remove personal details)

 

Also need to see the Agreement and any Notices issued under it.

 

The intro to consumer credit litigation link in my signature may calm your nerves, also

 

There's plenty of time to work on your defence. I can't presume to tell you what to do, as this is your claim, of course, but I would take all the time you've been given to prepare it to read across the forums - there are many people who have been before you and there isn't much we haven't experienced here on CAG. Far better take the maximum amount of time you have, than enter a Defence which isn't sufficient and scuppers your case.

[Ron 2015]

Thanks Car

 

I just read your guide to consumer credit litigation and it has indeed calmed me down.

 

I have sent the letter off asking for information from Drydens solicitors and await their response ( same as PT's ).

 

I will post up all details when I have them.

[car2403]

The bad news is they are unlikely to comply with your request for info unless ordered to do so by the Court - if the time to submit a defence comes around and they haven't, shout back here and someone will help you submit a holding defence until they have given you what you need or offer you the other alternatives

[Ron 2015]

Thanks Car.

 

The claim was sent on 11 August. I acknowledged the claim today 21st with full dispute of total claim.

 

I think I need to subit a defence by 4th September.

 

So if I don't have a response from Drydens by then I submit an embarressed defence.

 

How do I get the court to order them to provide all the details?

 

Thanks

 

Ron

[Ron 2015]

Just been looking at the Drydens web site and there is a Vicki Pollard who works there!

 

Yeah but, no but ( from Little Britain) she looks similar too.

 

The team looks like a tired bunch of ambulance chasers . we shall see.

[Sunshine54]

hi Ron

 

I had a similar position with Egg/Drydens and the court stayed the case until they provided the information requested

good luck

[Ron 2015]

Hi Sunshine,

 

Drydens seem a bit aggresive, just debt collectors really.

 

Hope I dont get Vicki Pollard coming to court !

 

Could you post up your embarressed defence that you used to get the stay?

 

How did you do it? On line or in the post? Is yours a loan or credit card ?

 

Good luck to you too.

 

Thanks

 

Ron

[Sunshine54]

hi Ron

I'm afraid that I didn't submit an embarrassed defence - I simply wrote to the Court and asked that a Judge review my request and he did and the claim was stayed.

Not sure that would work for everyone but it certainly did for me.

It's a loan agreement that is in dispute

regards

[Ron 2015]

Hi Sunshine

 

I am sure I can find what to write somewhere.

 

Its seems if the can't or won't supply the requested documents before the hearing the DJ will close the case.

 

Have you seen any threads where an EGG credit card agreement was challenged in court.

 

I have read PT's excellent thread , but I can't find another Egg CCA court case.

 

I will keep on looking.

 

Ron

[Ron 2015]

Hi

 

I have just submitted an embarressed defence to Northampton.

 

I will up date when I have the CCA and response from the court.

 

Nothing from Drydens yet? I have a receipt from Royal mail that my letter was delivered and signed for.

 

Ron

[Sunshine54]

hi Ron

 

I sent my 31.14 request at the beginning of February and received an acknowledgement a month later then the documents about two weeks ago!

Drydens also responded at the end of July to a letter sent to them in January.

 

I wouldn't be too concerned about the lack of response as it seems to be par for the course. The court will absolutely agree that you need to see the documentation and have time to review and prepare a defence so I would just wait and see.

[Ron 2015]

Just an update on this.

 

They did settle in the end for around 8k on a 19k account.

 

It got rid of the worry for me.

 

Maybe If I had continued I could have won on the approved limit argument , maybe I would have lost , I will never know.

 

But they will settle.

 

I found out that I was only dealing with a trainee solicitor , who was dealing with the case for Egg.

 

I think I could have settled for as low as 3-4k in the end , so try 20-25% first and see if they bite.

 

Cheers

 

Ron

[king123]

Thanks for the update and congratulations on getting a result you're happy with!

[Ron 2015]

Thanks King , That was the end of Egg.

 

Only 12 more to go!!!

 

Its not so bad as most of them have messed up with their paper work !