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

[superg]

Hi all I have uploaded agreement what was sent too me and they sent default notices but only template IThe agreement does have my signature on it hope I have uploaded them right hope some one can help Thanks in advance

Edited April 21, 2009 by superg

[car2403]

C'mon then!!!

 

[basa48]

Hi all I have uploaded agreement what was sent too me and they sent default notices but only template IThe agreement does have my signature on it hope I have uploaded them right hope some one can help Thanks in advance

 

OK those attachments are really too small to read accurately, but it does look like the standard unenforceable type of egg agreement.

 

First and foremost can you start an account at -> Image hosting, free photo sharing & video sharing at Photobucket

 

upload images of your agreement and other docs and link them back to here (the website shows you what to do) so we can study them. Make sure NO personal / identifying info is visible.

 

There are a number of faults with the standard pre-2005 egg agreements, so take heart.

 

We will outline a good killer defence when we can see what we are up against.

[superg]

Thanks for your Reply Here is info recived but statments have not been posted I also recived a letter with them saying that I only have ten days to reply to carter or they will contact court not sure what to do now here is

images hope these are ok Thanks to all

 

agreement page one

 

http://i592.photobucket.com/albums/tt1/anon_02/004ae2ff.jpg

 

agreement page two with signature

 

http://i592.photobucket.com/albums/tt1/anon_02/0cf39a8d.jpg

 

 

 

default computer accountinfo

 

http://i592.photobucket.com/albums/tt1/anon_02/4059c2e3.jpg

 

default notice template

 

http://i592.photobucket.com/albums/tt1/anon_02/1327f3c0.jpg

 

default second page

 

http://i592.photobucket.com/albums/tt1/anon_02/4f58691d.jpg

 

hope this helps

Edited April 22, 2009 by superg
images too big

[basa48]

Thanks for your Reply Here is info recived but statments have not been posted I also recived a letter with them saying that I only have ten days to reply to carter or they will contact court not sure what to do now here is

images hope these are ok Thanks to all

 

(snipped..........)

 

hope this helps

 

WTF are those screen dumps and templates about ????? Someone screwed up big style if they sent those as proof of a DN !!!!!

 

Anyways, the agreement IS the standard, generally regarded as unenforceable agreement.

 

Can you just remind us of your current situation.

 

I recall you have a claim running against you and you posted the particulars of claim earlier.

 

The Claimants claim is for the balance due under an agreement which is now all due and payable.

The defendant agreed to pay monthly instalments under acount number XXXXXX but has failed to do so

 

and claimant claims the sum of 607.86

 

The claimant also claims interest Thereon pursuant to s.69 county court act 1984 limited to one year to date hereof at the rate of 8% per annum amounting to 0.00

 

Did you respond to the claim ?

[superg]

Hi Thanks for your reply I did send in defence I used the defence in post 32 of thread I did ad a bit at bottom saying that cpr request had been sent with tracking number also but that was it. but now mr carted says i have ten days to pay or else they will contact the court Hope this helps

[basa48]

Hi Thanks for your reply I did send in defence I used the defence in post 32 of thread I did ad a bit at bottom saying that cpr request had been sent with tracking number also but that was it. but now mr carted says i have ten days to pay or else they will contact the court Hope this helps

 

Did Carters say these docs were in response to the CPR request?

[superg]

it says we enclose the copy of agreement and statements relating to your account and a copy of the notice default which clarifies your liability in this matter please forward your payment proposals to our offices within the next ten days failing which we will pursue through the court for full outstanding balance plus further costs

 

That is what letter says letter is dated 16 of April hope this helps

[basa48]

it says we enclose the copy of agreement and statements relating to your account and a copy of the notice default which clarifies your liability in this matter please forward your payment proposals to our offices within the next ten days failing which we will pursue through the court for full outstanding balance plus further costs

 

That is what letter says letter is dated 16 of April hope this helps

 

OK that's fine.

 

I can't fathom why they are threatening legal action when apparently that has already started??

 

By the way the 10 days is BS.

 

Incidentally, on the court claim form, who is the claimant??

[basa48]

OK just re-read this whole thread.

 

Now that the court have received your holding / embarrassed defence the claimant has 28 + 2 days from 3rd April (3rd May??) to respond and provide you with a detailed particulars of claim.

 

Regardless of who the claimant is (Egg or Carters) the decision as to whether you have to pay or not is now down to a judge not Carters.

[superg]

Thanks for the info I Still don't know what will happen next with this seams strange to me but court did send letter adviceing that they had 28 days to reply

[basa48]

Thanks for the info I Still don't know what will happen next with this seams strange to me but court did send letter adviceing that they had 28 days to reply

 

You wait for Egg's (you still haven't told us who the claimant is??) detailed claim so you can prepare a detailed defence.

 

There may be 'allocation' yet, where you ask the court to allocate the case to fast or multi track (you want fast track where rules of evidence are more rigid).

 

You should be reading all you can here and in general about how cases preceed through the system and what your defence will be about (withour help). Check out Civil Procedure Rules as well.

 

Don't assume we will give you a defence all ready you have to do your homework and understand the process.

[superg]

I am just stuck on what i have to do now do I need to send them anything ie letters and how would they know if agreement is valid They just might make me pay I dont understand now lol

[basa48]

I am just stuck on what i have to do now do I need to send them anything ie letters and how would they know if agreement is valid They just might make me pay I dont understand now lol

 

How do you think "they" can make you pay?? Only a judge can make to pay after all the claims, counterclaims, defences and arguments have been heard.

 

As far as most people in the Egg threads think the type of agreement you have is unenforceable.

 

And you STILL haven't told us exactly WHO is the claimant!!

 

I'm not exactly sure what comes after the 'embarrassed' defence. I'm a bit involved in my own battles at the moment. But I'm pretty sure Egg need to submit a more detailed claim in response to your defence.

 

If you are so unsure phone the court and ask them what the next stage is and if you need to do anything more at this juncture.

[basa48]

A couple of websites will help you understand the process:

 

Civil Court Procedure Advice Page

 

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

(read leaflet ex305_web_0409.pdf )

[superg]

hi Egg is the claiment but I Still dont unerstand how the judge will know if the agreement is not valid because he has not seen it Thats why I thought I had to contact carter and advice thaem that agreement is not vaild outherwise the court may try and come for money

[andydd]

hi Egg is the claiment but I Still dont unerstand how the judge will know if the agreement is not valid because he has not seen it Thats why I thought I had to contact carter and advice thaem that agreement is not vaild outherwise the court may try and come for money

 

You seem a little confused, if this gets as far as a court case then a judge will make a decision on wether or not YOUR Egg credit agreement is enforceable, if he decides it is.. then that is the begining of the LEGAL process to get the money from you, CCJ's, attachments of earnings etc.

 

If he decides the agreement is unenforceable then none of those methods can be used to obtain money from you, although Egg in conjuction with DCA's can still 'ask' you for the money but of course this can be ignored, although it may be in your interest to put the matter to bed and offer them something as a full and final settlement.

 

Of course you may wish to inform Egg and or the solicitors that you believe the agreement is unenforceable but its' unlikely the matter will just end there....much like the bank charges cases they will huff and puff and assure you that everything is completly legal and enforcaebale right upto the last minute.

 

Andy

[rev.ian]

Carter will want to be 100% the agreement is enforceable if he knows you are defending the claim. If he is not 100% he will discontinue as always. Dont write to Carter I think he bins letters without reading then. If it goes to court Carter will need the original agreement, and the judge can look at that.

[superg]

Thanks guy I understand now I will wait and se what happens

[basa48]

hi Egg is the claiment but I Still dont unerstand how the judge will know if the agreement is not valid because he has not seen it Thats why I thought I had to contact carter and advice thaem that agreement is not vaild outherwise the court may try and come for money

 

Basically superg, IF, and it is 'if', this gets to court the 'agreement' will be part of the evidence. The judge will look at the agreement and hear arguments from both sides as to its validity under law (the CCA1974, CCRegs 1983 etc) and make the decision.

[superg]

Hi guys recived allocation questionnaire not sure what to do with this hope its not going to cost loadscos i have no money but i am on working tax credit hope its free lol and one know what this form is for . just looked at info I sort of under stand it is there anything that i need to fill in properly and further advice

Edited April 25, 2009 by superg

[basa48]

Hi guys recived allocation questionnaire not sure what to do with this hope its not going to cost loadscos i have no money but i am on working tax credit hope its free lol and one know what this form is for . just looked at info I sort of under stand it is there anything that i need to fill in properly and further advice

 

Allocation questionnaire - Wikipedia, the free encyclopedia

[superg]

guys it asks if you want free mentor advice or something on them lines not sure if i should do that or not what you think I am quite woried about this now hope I have done the right thing

[car2403]

Do you mean mediation?

[superg]

yes I think it was that it said free advice