cupcake68 Vs Egg

[Mightyacorn]

Cupcake,

Any developments?

 

MA

[cupcake68]

Hi MA

 

No news as yet!!

 

Cupcake

[cupcake68]

Still nothing more from BC.

 

I have just spoken to court and there is no judgement as yet but they advise me to enter a defence in case BC tries to get a judgement.

 

Any suggestions?

 

Thanks

 

Cupcake

[MandM]

Await further posts from others, BUT, if BC still haven't complied then you still can't defend apart from an Emb Def (on the basis of 'you still don't know what you're defending).

 

IMO i'd submit the ED so it shifts to your own court and then apply to have the claim struck out!

 

BC's not good when challenged lol.

 

M

[cupcake68]

Thanks M and M

 

I will do that.

 

Also I have received today the FOS response to my complaint.

 

Egg say they sent a copy of my agreement in July 09, they have no reason to doubt that. Egg wrote in May 10 saying they would send again (still not received) FOS don't care about that, FOS can't uphold my complaint and enclose a copy of my agreement.

 

Guess what?!

 

No agreement enclosed!!!!!!!!

 

Why can no one give me a copy of this agreement although they all say they are?!

 

GRRRRRR!

 

I am going to email FOS and say thanks very much you're as helpful and efficient as Egg

 

Cupcake

[gh2008]

I wouldn't even enter an ED. Enter a very short defence

 

admitting that you applied for an account (if the POC identifies teh account)

deny there was ever a properly executed enforceable agreement

deny you owe the claimant the amount claimed or any amount at all

 

Then it's up tp them to prove otherwise and you will get the chance (if it ever comes to that) to submit full details in your AQ, WS & skeleton (and in any answer to any docs subsequently provided)

[gh2008]

Thanks M and M

 

I will do that.

 

Also I have received today the FOS response to my complaint.

 

Egg say they sent a copy of my agreement in July 09, they have no reason to doubt that. Egg wrote in May 10 saying they would send again (still not received) FOS don't care about that, FOS can't uphold my complaint and enclose a copy of my agreement.

 

Guess what?!

 

No agreement enclosed!!!!!!!!

 

Why can no one give me a copy of this agreement although they all say they are?!

 

GRRRRRR!

 

I am going to email FOS and say thanks very much you're as helpful and efficient as Egg

 

Cupcake

 

I would stick to your guns and ask for another copy of the agreement.

 

I would also send Egg another S78 request - well worth the £1 to see what they come up with this time

[MandM]

Sounds fishy. Like Mightyacorn I got both agreements with my SAR. They seem to pick and choose who they send them to though as you're one of many that i've seen that they won't give it to.

[MandM]

And hello Mr g

[cupcake68]

Thanks Guys!

 

Do I have to follow any particular format when entering a defence? Are ther particular things I must include?

 

I don't want to start off on the judges bad side lol!!!

 

Cupcake

[vjohn82]

This is always sufficient...

 

 

1. I, [insert full name & address], am the defendant in this action and make the following statement as a defence to the claim made by [insert Claimant’s name]

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimant’s Particulars of Claim and put the Claimant to strict proof thereof.

 

3. The Defendant notes that the Claimants' claim is not fully particularised and offers no cause for action and is thus eligible for a strike out under CPR 3.4.2 (a).

 

4. The Claimant as failed to disclose appropriate documentation to support the Particulars of Claim, requested under CPR 31.14 and CPR 18, which leaves the Defendant at a disadvantage and unable to plead effectively or at all. The Defendant is embarrassed in pleading to the Claim as it stands.

 

5. The Defendant denies that they are indebted to the Claimant for the sum of [insert claim sum] and puts the Claimant to strict proof of this sum.

 

6. As the Claimant has not provided proof of the debt or the sums claimed the Defendant denies the Claimants claim for interest pursuant to s.69 of the County Court Act 1984.

 

AND the Defendant;

 

7. Seeks an order that the Claimant’s action is struck out under CPR 3.4.2 (a), or otherwise dismissed, on the grounds that any claim cannot succeed and that the Claimant do pay the Defendant’s costs incurred in defending this action.

[gh2008]

Yep, go with VJ's gives the DJ more to use. Not seen that one before - nice

 

It's good to see that everyone's moving away from the rambling 'copied off the Internet' ED .... I'm sure they were starting to 'get' to the DJs

 

and Hi Mr M - I thought I wrote that earlier but cannot see it .....

[cupcake68]

That's great!

 

Thanks so much everyone.

 

Have a great weekend

 

Cupcake

[vjohn82]

I'm not entirely sure I can take credit for it... I'm sure I've picked up bits here and there but this is my own work in terms of putting relevant bits together.

 

I only use ED's as an absolute last resort. I would always try to agree an extension with the Claimant pending disclosure. If they agree it means the Judge won;t have to spend time reading an ED at all... if they disagree, well - the Judge will have them by the balls.

 

Negotiate first... ED last resort.

[mightneverhappen]

Been following this thread, so I hope these are not stupid questions, but here goes...

 

"Negotiate first... ED last resort." What are you negotiating? Is it just for the documents so you can prepare a proper defence, or to get the claimant to withdraw. If at the AQ stage you haven't got the docs, is that the point where you submit the ED (or, if you have got them, submit the full defence)? Hope it is not inappropriate in someone else's thread to ask these questions (if so, I apologise in advance!)

[vjohn82]

Been following this thread, so I hope these are not stupid questions, but here goes...

 

"Negotiate first... ED last resort." What are you negotiating? Is it just for the documents so you can prepare a proper defence, or to get the claimant to withdraw. If at the AQ stage you haven't got the docs, is that the point where you submit the ED (or, if you have got them, submit the full defence)? Hope it is not inappropriate in someone else's thread to ask these questions (if so, I apologise in advance!)

 

I rarely see stupid questions... only stupid answers ;-)

 

The claim will never reach AQ stage without some form of defence (be it a comprehensive one or an ED).

 

The negotiation is simply this; "give me an extension of the date to file a defence in light of your failure to provide disclosure"

 

You then await their reply. If none is given by the last date of defence filing then you simply file the ED. If they supply documents AFTER you have filed an ED you write to the court requesting permission to amend your defence.

[mightneverhappen]

many thanks, that has made it very clear.

[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