Cupcake vs Egg 03

[Jinx_scotland]

Hi Newbie to the forum here.... Ive just read the entire thread...

 

Where are you up to now Cupcake???

[cupcake68]

Hi Jinx

 

BC have until the end of the month to get back to the court.

 

If not the claim will be stayed.

 

I have a similar case with Virgin that I am having to focus on in the meantime!!

 

I will keep this thread up to date.

 

Cupcake

[bradfordlad]

Subbing - I've just had a nice letter from Egg telling me they will soon issue a DN giving me 28 days (damn!) to clear the arrears.

 

Good luck cupcake

[Bigdebtor]

Don't go damn until you see the DN. Egg might end up with face on their egg!

 

Good luck!

 

BD

[Bigdebtor]

post delted - got answer above

 

BD

[cupcake68]

Hi BD

 

I was leaving it until the last day of the month to call!!!

 

Will let you all know

 

Cupcake

[cupcake68]

Surprise Surprise!

 

Allocation questionaire received in the post today!

 

It has been transferred to my local court.

 

Cupcake

[cupcake68]

Hi Guys

 

Been mulling over my best stance with this case.

 

As they have ignored my last letter telling them I was still waiting for certain docs not suplied I think I should be asking for strike out because they have failed to provide docs and decent POC's?

 

Also one of the AQ questions is when can you not make court appearance. I have just found out I am pregnant therefore what would be considered fair as far as when should I be expected to attend court?

 

Any thoughts gratefully acepted.

 

Cupcake

[gh2008]

Hi cc

 

Could you bring me up to speed with what has happened on this one?

[cupcake68]

Hi GH

 

I sent the CPR request to BC on receipt of the court papers. They replied with a pile of papers but did not include a copy of my agreement back in July. They never replied, I spoke to the court some weks later and they advised me to enter a defence otherwise BC could get judgement.

 

I sent embarrassed defence, they left it right to the last minute to continue so I now have AQ to file by Monday at my local court.

 

 

Thanks for your time

 

Cupcake

Edited October 6, 2010 by cupcake68

[gh2008]

Ok, I would submit a S78 request now, and also submit an app for a SO if you are feeling brave or an app for disclosure & re-plead if you are not.

 

The S78 *could* hold them up in that if they do not comply they cannot obtain judgement - bargain for £1 in my book.

 

App for SO would be £75 with a hearing, app for disclosure & re-plead would be £40 without a hearing.

[gh2008]

My guess, and it is a guess, is that the outcome of PT's case would not be of any help to you

 

unless anyone else knows any different??

[cupcake68]

Thanks GH

 

Would I send the s78 to BC or Egg? I still have not received the agreement they promised to send after the OFT investigation so maybe this would be a good idea!

 

I have just had a similar situation with a Virgin account that had been sold to Hillesden. They did not suplpy any docs or even reply to my CPR but I filled in my AQ suggesting it could not go ahead without docs and within a week got a notice of discontinuance.

 

I nearly applied for SO but £75 is a lot of money to me at the moment. I was not 100% sure but thought I could apply for SO after filing my AQ. Is this right?

 

Thanks again for your advice.

 

Cupcake

[gh2008]

If the value of the claim is under £5k then there are very good reasons to do it before AQ. (Your app would stop the AQ process)

If it is less than £5k it would normally be allocated to SCT where teh rules of evidence are less, fewer CPR rules apply and the costs are limited.

 

If they are going to discontinue or get their claim thrown out doing it before AQ would enable you to claim for your full costs.

 

Have you looked at EX160 to see if you are exempt from Court fees?

[cupcake68]

This is for 15k!!!

 

I was under the impression (with my Virgin case) that I could claim for costs although we had got to AQ and then they discontinued?

 

 

Cupcake

Edited October 6, 2010 by cupcake68

[gh2008]

over £5k yes you can claim full costs if you win

 

It's up to you, you may be lucky and get a decent order out of your AQ - I did with my case with Egg and they discontinued after the Order (a re-plead and all the docs unless order)

 

It's your decision, you need to do what you can afford/what you are happiest with.

 

Send the S78 request to Egg.

 

You will also need to ask permission to submit an amended defence with your AQ as the ED won't help you win.

If there is no agreement then you need to deny there ever was an agreement that fully complied with S61, S65 etc

If there is no DN then again deny that a compliant one was ever served.

etc

[cupcake68]

When you say if there was no agreement/dn I need to deny there was a compliant one. Do I need to do that at this stage or do you mean in my amended defence?

 

Sorry if that is a silly question but I am still tryig to understand all this!

 

Also do you have an opinion on what I should put in the details of when I can attend court? I am not due until April but I have no idea how long it is likely to take to get to court? I am more worried about not telling them and getting their backs up if I say I am unable to attend.

 

Cupcake

[gh2008]

that would need to go in your defence.

 

re dates, if you put in the other info that you are currently pregnant, give them your due date

in the dates section put please refer to other info

 

That's what I would do - although I don't think I will ever find myself in that situation

 

Remember you are a LiP and you do not need to be 100% perfect on the forms.

[cupcake68]

Thanks GH

 

I would have said the same a couple of months ago!!!

 

I will get on with AQ and S78 Egg tomorow.

 

Thanks again

 

Cupcake

[cupcake68]

Been checking my credit file today and I'm not sure if this is important or not!

 

I had DN dated 26/06/09 to pay by 24/07/09.

 

I had termination letter dated 29/07/09.

 

Egg filed a Default on my credit file on 31/07/09 after they had terminated.

 

Should they not have done it before termination?

 

Cupcake

[Bigdebtor]

I think diddydicky has said they can take six months to file these defaults with CRA's - check his posts ( a couple of weeks ago?) on Pinky69's thread.

 

BD

[cupcake68]

Thanks BD

 

Wasn't sure if it was relevant or not!

 

I have today received a copy of BC's allocation questionaire. The covering letter states "please forward your payment proposal to our office within the next 10 days, failing which we will pursue through the court for the full balance plus further costs"

 

I thnk I now need to request that the court insist on them supplyng all docs or should I wait on courts resonse to my AQ?

 

Thanks for your help in advance

 

Cupcake

[gh2008]

Wait for the Court's response to your AQ.

 

Did you submit a S78 request to Egg (I presume they are the claimant)? It's worth £1 as if they do not fully comply then they cannot get a judgement.

 

That should get you a true copy of teh executed agreement (which should be word perfect if not an actual copy of the original signed agreement) they must also send you loads of other stuff

 

Google s78 Carey hsbc and the first result is very good

 

Without ALL that info they CANNOT get a Judgement against you

 

THEN you can start getting funny about Default Notices etc as well

 

Read back to the beginning of the thread and you will remember we are still fishing here ....... (well IMHO anyway)

[cupcake68]

Thanks GH

 

Yes I know we are fishing but because this was an online July 07 agreement all they sent when they eventually did was a printout of what is on my account now (still not sure but think it must have changed at some point since July 07). I'm not clear on what is the executed agreement with an online account.

 

Thanks so much for your suport I can't give you any more rep otherwise i would

 

I will CCA Egg and see what they send.

 

Cupcake

[cupcake68]

Is this still the letter for s78 request?

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Can't find templates on this new site!

 

Thanks

 

Cupcake