Egg/Carter claimform - Egg credit card **discontinued**

[car2403]

Mediation isn't advice, so I'm not sure what you're referring to.

 

Court led Mediation is done using the Court's Mediation Service, usually where a Judge has referred the case to the CMS in Directions for parties to consider Mediation prior to a trial hearing date.

 

Information About - Mediation - Small Claim Mediation Service Survey

[superg]

all it says is would you like to use the free small claim mediation service

 

gosh i hope I win not looking forward to this I have very little money now

[superg]

Hi guys received a consent order from carter saying that they are willing to reduce the amount for final settlement to 489.72 or 50 pounds per month I still have till Friday to file the allocation questionnaire please could a mod move this to a legal topic I hope that this agreement is not valid seams strange that they are still willing to go to court over it I think it may be valid as know one on the forum has advised me otherwise is it worth obtaining legal advice problem is I am not very confident person and have problems speaking to people I wont know what to say I don't even understand my defence lol I do work but claim working tax credit not sure if Its worth it at this stage

 

Thanks in advance

Edited May 8, 2009 by superg

[car2403]

It all depends whether you want to continue to fight the fight or whether you'd rather settle for £50 per month if you can't be bothered.

 

I haven't looked at the CA yet, so can't comment on it's enforceability, but I've moved the thread to the legal issues forum, so this post should bump it up in there for you now.

[superg]

Thank you for your info I don't have 50 pounds anyway so Looks like ill have to go to court Thanks for moving topic

[basa48]

It all depends whether you want to continue to fight the fight or whether you'd rather settle for £50 per month if you can't be bothered.

 

I haven't looked at the CA yet, so can't comment on it's enforceability, but I've moved the thread to the legal issues forum, so this post should bump it up in there for you now.

 

From earlier in the thread the screenshots show 'superg's' Egg agreement is the typical 'approved limit' (plus a few other bits and bobs) unenforceable agreement.

 

IMO that is why they are making offers (plus it's part of the protocol).

 

Can you let us know how much the debt is for superg (round figures only). So we can make a decision on the settlement figures.

 

The forum has a pretty good and now tested defence for Egg card agreements.

 

First you need to get that allocation questionnaire back. OK:

 

• Settlement: I'd say yes to 1,2 & 3
  
• Location: Your local county court (you can't afford travel)
  
• Pre-action protocol: yes
  
• Case management: dispute all the claim amount, no applications, no experts or witnesses
  
• Track: fast
  
• Hearing time: 1 hour
  
• Directions: No
  
• Costs: well you decide if any
  
• Fees: No (not sure defendant pays fees for this)
  
• Other info: no docs, no applications.
  

In the final space I would say something like. "I believe this case to revolve solely around whether the agreement for this account is properly executed. This will involve legal argument and case law. I request this case be allocated to fast track."

 

I hope someone else with a little more experience will comment. Cos as yet I'm not up to speed with directions and applications.:-|

[lollipop73]

Agree with BAsa in that we need a more legally savvy person to have a gander at this, so bumping for you

[superg]

hi guys I have sent form off but problem is i put nothing in the info box as i was in a rush The amount of claim is 607 plus court cos and solicitor fee not included in that so its around 700 pounds. I handed the forms in to the court myself but forgot the court has metal detectors and they went off good job i know the guard in there lol Thanks for your help guys

[basa48]

hi guys I have sent form off but problem is i put nothing in the info box as i was in a rush The amount of claim is 607 plus court cos and solicitor fee not included in that so its around 700 pounds. I handed the forms in to the court myself but forgot the court has metal detectors and they went off good job i know the guard in there lol Thanks for your help guys

 

£700!! That makes the settlement offer a joke! I was anticipating a settlement around 20% of the debt at most. I'd offer £150 (if you've got it).

 

I'm actually surprised they are so active in chasing this.

 

I've had a good read around and (although I say it myself) the questionnaire answers are what I would send in your situation.

 

You can wait for others to add their more experienced knowledge, but I reckon my suggestions are good enough.

Edited May 11, 2009 by basa48

[superg]

Hi just received a standard order for stay for settlement with consent of all the parties not sure what to do next any ideas

[coxy742]

If you have opted for a stay and ticked mediation. It will be carried out via the National Mediation Helpline. They will be contacting you about it. All of the mediatation is Without prejudice and cannot be brought up at court later.

 

The amount that they are claiming is below the £5k threshhold and so the total amount of costs that you will have to repay (if you lost) would only around £250-£350 (fixed costs).

 

As to offers as you probably are aware always to write a letter Headed In Bold WITHOUT PREJUDICE SAVE AS TO COSTS. This means that the correspondance cannot be seen by the court ie privilaged. The only time you wouldn't do a W/P letter is a Part 36 Offer, which tactically can be a very effective weapon in litigation if used right. As the amount claimed is so low a Part 36 is not of any real benefit and your defence is a all or nothing one.

 

Your A/Q is fine you dont pay a fee unless you have counter-claimed. The hearing will be more realistically be 2 hours and it will be always at your local court as you are an individual. Don't worry about filling all of it in or not giving directions. A copy of the A/Q should be sent to the otherside and visa versa. If you have not got one write to the court or to the other side for one.

 

Any offers as stated above should be W/P and made clear that it is an W/P offer. A stay allows the parties to negoatiate a settlement in order to save the court's time and money. Go back to sols reject their offer and make a W/P counter-offer to settle.

 

Remember in negotation start low. Think what is your red line amount is ie the max amount you are willing to give them to settle. Also note that if all the Caggers are right then even if you can't settle you should win as the agreemt is unenforceable.

[superg]

hello thanks for your reply I dont understand most of your last post regarding this bit

As to offers as you probably are aware always to write a letter Headed In Bold WITHOUT PREJUDICE SAVE AS TO COSTS. i dont have any money to offer them so looks like ill have to go to court and hope the agreement is not valid so i guess i just wait now thanks

[coxy742]

Sorry if i was not clear in what i was saying.

 

Without prejudice letters should be used when you are making an offer to the otherside or writing something that you do not want the court to see/take in to account. An offer does not have to be a offer for money it can be an offer to do something or reframe from doing something. In your case, it would most likely be for money to settle the matter before going further. but how much you can offer is of course down to your circumstances. So court my be the only option

Edited June 6, 2009 by coxy742
original posting did not mke sense

[balster]

This is a very good thread. Hats off to everyone providing good solid advice to superg.

I owe Egg about 4k, the last I heard from them was over a year ago. I can't afford to pay them, and I took my Egg agreement out in 1999

 

Balster

[superg]

Hi guys just an update I have recived a notice of allocation to small claims track (Hearing ) I have been contacted by carter again on my home phone but i havent spoken to them an email was then recived saying that if i did not accept there offer they would pay fee to go to court well i am going hope i am right fingers crossed

[basa48]

Hi guys just an update I have recived a notice of allocation to small claims track (Hearing )

 

Personally I feel you should opt for fast track. The arguments are quite complex against Egg Cards. Not sure it can be re-allocated now.

 

I have been contacted by carter again on my home phone but i havent spoken to them an email was then recived saying that if i did not accept there offer they would pay fee to go to court well i am going hope i am right fingers crossed

 

If I were to guess, I would guess Carters are a little nervous of going to court with this.

[superg]

yeah they have phoned me for the past 2 days and sent one email trying to get me to accept there offeri am unsure if i can change it to fast track not sure what i picked

[superg]

Hi guys after lots of phone calls from Bryan carter I have never spoken to them and diclined there offer just recived Notice of Discontinuance of proceedings It says Take Notice That the claiment hereby wholly discontinues this action against the defendant we certify that we have given noitice of discontinuance of proceedings to every defendant against whom the claimant desires to discontinue ,,,

 

lol sounds like they have backed out What do I do now notThinki need to phone the court to make sure they have recived info

 

Any advice

 

Thanks all

Edited July 27, 2009 by superg

[superg]

Any more advice

[katedog]

My fingers are crossed for you s.g

 

please keep us updated dont just drop off the radar like so many do!

 

katedog

[citizenB]

Have you confirmed this with the court. I think you can also put in a wasted costs claim.

[superg]

Hi thanks for your reply I phoned the court they confirmed that it was corect

[militantconsumer]

Well done superg, it looks like you have won because they just gave up. Great that you stuck with it and kept putting in all those documents, you should be so proud you have beaten them.

 

By the way, I am pretty sure they can never bring this up again in the future because, once somebody discontinues proceedings, they can't start them up again later.

 

It's called "estoppel". I am no expert on this, but I think I am right.

[superg]

Hi Guys Looks like this debt has been sold to aktiv kapital from egg so I am not sure where to go from here as egg backed out of court now this dca has bought the debt any advice what to do with these clowns they are daft for buying this off egg as egg back out of court on the last day so dont know where to go with it

Edited May 14, 2010 by superg
more info

[superg]

just sent them a telephone harassment letter and this worked well i adviced them i dont owe them any money they said i needed to speak with egg do i request agreement again from new company