MandM vs Egg Loan ***Won with Strike Out***

[MandM]

ignore this. double posted

Edited October 4, 2009 by MandM
double posted

[MandM]

All done SH. :)

[ScabHunter]

Yikes! I've just noticed you say the amount is somewhere around £25,000! That puts it over even the threshold for Fast Track.

 

You will probably need to change section D to say multi-track as normal - I've never filled in an AQ before where the case has been for this amount of money.

 

I will post up some directions and other information in a few minutes.

 

SH

 

PS Just before I go any further, is there any PPI issue on this account?

[MandM]

Amount is about 23.5 if that helps so under 25

 

PS Just before I go any further, is there any PPI issue on this account?

 

haven't even got into PPI yet. not touched on it

[ScabHunter]

The threshold for Fast Track is £15,000, so I can't see any way this won't go to the Multi-Track.

 

SH

[MandM]

The threshold for Fast Track is £15,000, so I can't see any way this won't go to the Multi-Track.

 

According to the court doc EX305 fast track deals with 5K to 25K

[ScabHunter]

Here are some suggested directions and other information. They are amended from the pt2537 thread, as this agreement is regulated by CCA 2006 and not 1974. Also, there has not been an assignment to a third party, so there can be no deed or notice of assignment.

 

I have emphasized the need for accurate statements as attacking the DN appears to be your only hope here.

 

 

Draft Order for Directions

 

The Claimant shall within 14 days of service of this order file and serve the following:

 

* Copies of the Credit Agreement referred to in the Particulars of Claim, and any documents referred to within it which complies with the Consumer Credit Act 2006 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended, which the claimant seeks to rely upon. The original document must be brought to the hearing.

 

* Copies of the Default Notice compliant with s87 (1) Consumer Credit Act 2006 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended, which the claimant seeks to rely upon

 

* Copies of all statements for the duration of the alleged agreement, used to establish a balance on the alleged account

 

* Copies of any other document to be relied upon

 

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

The defendant thereafter shall file and serve and amended defence sufficiently particularised in response to the documents supplied by the claimant.

 

 

 

Section I - Other Information

 

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

Without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as non-production of the requested documentation will inhibit the courts ability to deal with the case.

 

1. To be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237). Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is an unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)

 

2. I also respectfully request that the claimant be ordered to produce statements covering the entire duration of the alleged agreement. These documents are necessary to establish the balance on the alleged account, to establish the percentage of the balance caused by unfair terms under the Unfair Terms in Consumer Contracts Regulations 1999 at the time of termination, and to establish whether or not the defendant is indeed indebted to the claimant to any degree.

 

This is a relatively straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

 

Therefore it stands to reason that these documents must be disclosed before this case can progress any further.

 

SH

[ScabHunter]

According to the court doc EX305 fast track deals with 5K to 25K

 

Wow, you're absolutely right. Go with the original instructions then.

 

This must be a recent change. I will link to the page I was looking at, just so I don't look a complete idiot.

 

The fast track and the multi track

 

Apologies for the misinformation. It's a good job this site doesn't let you take rep points off people.

 

SH

[MandM]

lol. i've never read as much as what i've read this week. Thank you so much for the help

[MandM]

I agree that the DN is my best hope, in particular it makes no reference to the CCA!!!

[MandM]

However, the Drydens letter refers to the CCA 1974 even though the loan was 08!! I assume that i just change the 2006 references to 1974?

[ScabHunter]

However, the Drydens letter refers to the CCA 1974 even though the loan was 08!! I assume that i just change the 2006 references to 1974?

 

No, I've just changed them to 2006 because that is right. You want to be right even if they are wrong.

 

SH

[MandM]

However, the Drydens letter refers to the CCA 1974 even though the loan was 08!! I assume that i just change the 2006 references to 1974?

ahhhh. i'm catching up lol. All strikes me as a bit odd that the loan was 2008, Egg don't mention anything in their DN and Drydens revert to 1974lol.

Edited October 4, 2009 by MandM
date

[MandM]

Had a thought why it may be 1974!!! Just spoke to her that must be obeyed and she reminded me that the loan partly paid off a previous egg loan. Relevant?

[mandyjayne]

Hi MandM..

 

pop back to your thread in Debt and press your red triangle in the bottom left hand corner, when the box comes up put in a message for site team to move you to Legal...job done! then you will get some more help! You can also do the same thing if you need urgent advice.

 

all the best with this

 

MJ:)

[ScabHunter]

Had a thought why it may be 1974!!! Just spoke to her that must be obeyed and she reminded me that the loan partly paid off a previous egg loan. Relevant?

 

It shouldn't be. If this was a new agreement signed in 2008 it would be regulated under CCA 2006, no matter what the loaned amount would be used for.

 

SH

[MandM]

gotcha! will start adding in case No etc and start printing then.

[MandM]

It shouldn't be. If this was a new agreement signed in 2008 it would be regulated under CCA 2006, no matter what the loaned amount would be used for.

 

 

Might not be relevant but the original court papers from Drydens also refer to CCA 1974. Am I also therefore arguing the validty of their claim - or am I saying that I don't know what i'm arguing as they must be incorrect

Edited October 4, 2009 by MandM

[MandM]

pop back to your thread in Debt and press your red triangle in the bottom left hand corner, when the box comes up put in a message for site team to move you to Legal...job done!:grin: then you will get some more help! You can also do the same thing if you need urgent advice.

 

thanks MJ

[saintly_1]

I have merged 4 threads ........... You seem to have received excellant advise with your AQ

[MandM]

ty. I certainly have!!

[MandM]

OK all! AQ submitted. Does anyone have a view on the DN on the link below?

http://i983.photobucket.com/albums/ae316/slinkymary50/Top2.jpg

 

Doesn't make any reference to the CCA. The second page just consisted of contact numbers for several agencies where I may seek help or advice.

[diddydicky]

the dates would be helpful

[MandM]

the dates would be helpful

 

Will post the dates when i get home this evening

 

Now that the AQ has been sent is there anything else I should be doing in the meantime?

Edited October 6, 2009 by MandM
note added

[MandM]

I should at this point reitterate that this 'battle' is for in excess of £20K !!!

 

I really need to be strong as possible on this and not sure till someone looks at my docs what my chances are .

 

Have offered the solicitor what I offered Egg. What I can afford with an option to review in 12 months but they still seem to want to take me to court (despite taking my money every month lol). They've never replied to my previous offer.

 

Also I have sent back the Allocation Questionairre to the court (and the other side) and I ticked the box saying i'd like a one month stay and that i'd like to attempt to settle. Should I be writing to them to try and agree a payment plan?

 

Any ideas on where I go next anyone?

Edited October 6, 2009 by MandM
Notes added