Egg/dryden lost dual CCJ Card+Loan - No REstons after CO.

[large boy]

Hi everyone

 

I'm desperately in need of help again please

 

I've got another case running with Egg banking and their lawyers, Drydens, have sent through some papers which are applying for an unless order?

 

They state

 

" The defendant be ordered to file and serve his dosclosure statement and witness statement within 7 days from the date of this order, failing which, his defence be struck out and he be responsible for the costs of this application.

 

The reason for this is that the court ordered the parties to serve their disclosure statements by 4pm on 29th July and their witness statements by 4pm on 9 September 2009. The calimant served its disclosure statement on 25 August 2009 and its witness statement on 11 September 2009, but the defendant has failed to serve his statements."

 

What are they on about, I haven't ever received any directions for a disclosure statement or witness statement?

 

What do I do please?

 

Hi, can anyone offer me any advice on this please?

 

Maybe there is a solicitor or some local help I can visit to help with my troubles please?

[supasnooper]

I would ring Drydens and ask them to send you a copy of their statements ASAP by whatever method you can electronically receive them ( Fax, e-mail, etc).

 

Clearly state that you have never received them and ask were they sent by a trackable method .

 

Did you receive a letter from the Court informing you of the required action to be done ?

If not, phone the court and ask them for a copy of the letter

 

Ask them can they read out the letter and take a note of it as you are running short of time.

I'd also check the court has your correct address and ask Drydens the same.

[large boy]

Hi all,

 

well, I spoke to the Court on Friday, they were very helpful, is this normal?

 

The lady I spoke to asked me a couple of questions regarding dates for the case and when she was convinced that I knew nothing about it, she advised me to write a letter advising the judge of this. I faxed it through on Friday and she put it to the judge who already had the file?

 

I have asked the court to advise me if the letter can be reissued so I have a chance of filling the relevant papers and they have said they will call me with a reply.

 

Is this the right action and, should I still be asking the claimants solicitors for their documents please?

[hungrybear]

Hi there largebox

 

I've sorted your recent posts and documents for you...

I received a letter a while ago asking that Egg should have an order against me as I hadn't filled a few documents.

reason why I hadn't was due to the fact that I hadn't received anything asking me, or instructing me, to do so.

 

I spoke to the court and they advised me to write to them explaining the situation and that would surfice.

Well, now I have received this in the post this morning

 

Can anyone help or advise please as I have no idea what I am supposed to do now?

 

I've just received these documents through the post and am in a complete panic.

 

Can anyone advise me please, what should I do, how do I respond?

 

Sorry, I also got a "Listing Questionairre"

 

(Pre Trial Checklist)

 

A green document which I have to fill in and return by 18th December

[palomino]

The dates are a bit puzzling - why is everything dated in June?

 

The letter from Drydens is quite straitforward and makes good sense - they have requested two hearings which had been allocated to two different dates. All they are asking for is for them to be held together. There is nothing to be worried about by them asking for this.

 

What is worrying is their asking for summary judgment. I'm not sufficiently knowledgible to be able to comment about this aspect.

 

As to the order dated 17th June : when did you receive this? Have you complied with your part? If not, then this might explain the application for summary judgment.

[large boy]

The dates are strange! Allegedly, they were sent to me but I didn't receive anything. When I heard from the solicitors asking for a summary judgement, this was the first I knew about it so I called the court and was advised to write explaining the situation, which I duelly did. This is the first correspondence since then.

 

As to the order dated 17th June : when did you receive this? This arrived this morning!

 

When you ask if I have you complied with your part? I had no idea anything needed to be done as I hadn't received anything so, the simple answer is No I haven't.

 

Not sure what I need to do now?

[large boy]

Hi, is anyone able to offer me any help please?

[kurvaface]

Can you tell the story from the beginning - so it's clear for anyone reading.

[supasnooper]

Please keep any questions to one thread as helps keep it all in one place

 

As you haven't complied with the Courts order regarding disclosure Drydens have applied for Summary Judgment.

 

You are going to need some documenation regarding this so I would suggest that you get a CPR 31.14 request off to Drydens giving them 7 days to respond. Amend to suit and Send by Recorded Delivery.

 

 

 

 

Your Name

 

 

Your Address

 

 

Your Town

 

 

Your County

 

 

Your Postcode

 

 

 

Date

 

 

Dear Sir,

 

Re:

In the XXXXXXXXXXX County Court

Claimant XXXXXXX -v- Defendant – Your Name

Claim Number: xxxxxxxx

 

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the Northampton County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1. The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2. The assignment*

 

3. The default notice*

 

4. The termination notice*

 

5. [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

 

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

 

 

Yours faithfully,

 

 

 

 

 

Your Name

 

 

 

 

You will need the docs to oppose the application for Summmary Judgment.

 

Your opposition will take the form of a Witness Statement opposing the application.

 

I would also advise you ring the court to enquire to the whereabouts of your copy of the Summary Judgment application; of which you will need a copy in order to oppose.

 

Ask them about why you have received all the Court papers late.

 

What date is on the envelope of the June correspondence ?

 

I would also speak to Royal Mail about the late service of your post as you could have had a CCJ awarded against you if the Judge was so minded.

[WelshMam2009]

I'm sure someone with litigation experience will be able to help but you need to post more details as to the case and where you're at exactly.

[supasnooper]

I'd also advise getting a CCA request off to EGG.

 

letter 8 here - The Consumer Forums - Debt collectors

 

Enclose a £1.00 postal order, print your name but do NOT sign the letter and send by Recorded Delivery

[large boy]

OK, the whole stroy.......

 

I, like many others, bought a package from Ebay which was supposed to make me walk away from debt.

 

I followed every last instruction which was based on the Bank prooving the debt exists.

 

I did this with a number of lenders and they have all ended up in court.

 

This one is for Egg where I had a credit card and bank loan.

 

The solicitors, Restons, have gone for my throat and straight to court. The two cases have been requested to be heard as one on December 21st.

 

These documents I hasve posted, are as a result of me not receiving one letter, they have gone for a summary judgement.

 

I wrote to the court and these papers are the result of this letter.

 

Thank you!

 

Do I need to change the Northampton bit to Satines?

[supasnooper]

Thank you!

 

Do I need to change the Northampton bit to Staines?

 

 

Yes .

 

Is the solicitor Drydens or Restons ??

[supasnooper]

Please keep to one thread on the subject as it makes it easier for everyone to help you.

[large boy]

Its Drydens Solicitors

 

You will need the docs to oppose the application for Summmary Judgment. Do I have time as they are supposed to be back on Monday?

 

Your opposition will take the form of a Witness Statement opposing the application.

Do I just write this out?

 

I would also advise you ring the court to enquire to the whereabouts of your copy of the Summary Judgment application; of which you will need a copy in order to oppose.

I have an application notice asking for summary judgement. I did post about this as this is when I was advised to write to the court informing them I hadn't received anything to date regarding witness statements etc.

Ask them about why you have received all the Court papers late.

 

I got these papers last week and posted immediatly but had no response until now.

What date is on the envelope of the June correspondence ?

 

01. 12. 09

 

I would also speak to Royal Mail about the late service of your post as you could have had a CCJ awarded against you if the Judge was so minded.

 

 

Sorry, wrong date, I need to get the papers to the court by next Friday

[supasnooper]

I've flagged the thread for the attention of the rest of the Site Team.

 

The court have left you very little time to prepare for this as they have sent out documents dated from June in an envelope dated December.

[large boy]

Thank you for your advice to date, I just hope I have time to sort this out otherwise I fear I might loose my house or anything else I've worked for

[citizenB]

Have you telephoned the court ? If you explain there has been a delay in receiving these documents then they may extend the time.

[large boy]

OK, I called the court to ask if I could have the date put back to allow time for me to build my defence and they said "NO"!

 

I've just received a document named "General Form of Judgement or Order" dated Saturday 05 December informing me that both applications are to be heard on 22nd December - whoopee!!!! (NOT)

[citizenB]

Just bumping LB

 

largeboy, I have merged both threads together so people can see what has been happening.

 

It would appear you didnt receive an original order and so failed to provide an amended defence and disclosure at the correct time.

 

Is it a defence or witness statement that you need to sort out by Friday ? and are you able to hand deliver to the court ?

 

There appears to be very little information from you and I am not sure what information will be required to help you build a defence to the SJ application which will be heard first at the hearing date of 22nd December.

 

Have you got Default notices, termination notices, what were the original POCs.

 

What are the debts in relation to, how did you get to this point in time ?

 

Did you send off the cpr letter to get information ?

[large boy]

Hi

 

I did send off a cpr letter so am still waiting for that info to come back.

 

It is a defence and witness statement that I need to sort out by Friday 18th which I can hand deliver to the court

 

Also, I have a green form, a listing questionaire that I have to fill in too but it's all a bit confusing.

 

In response to, "how did I get here".......

 

I bought an info pack from ebay suggesting I could walk away from my debt. I followed every stage of their plan and this is where I find myself. The debts with Egg are 1- a credit card 2- a loan.

 

Now, I know for a fact that there is no signed agreement for the loan, I never signed one and they have refused all along to supply me with even a photocopy, the credit card agreement again, I'm still waiting for and I asked for a copy last December, 12 months ago and they still haven't supplied anything.

 

As for Default notices, I'm not sure I ever recveived anything as, I kept writing to them saying I would happily pay everything I owed if they supplied me with all the info I requested and they still wouldn't.

 

I know I don't have much time to build a case here but, I'm hoping the hearing is just to see where we are, do you call it an allocation and directions hearing? If it is, I will ask for more time and show them the envelopes postmarked December asking if its fair that I have no time to prepare a defence or subsequent case against Egg?

 

Sorry if this sounds garbled but, there are loads of things going through my mind regarding this and, I'm not enjoying it at all!!!!

[hungrybear]

If the cpr letter is in then you need to get a holding defence together. Its quite common for them either to not reply or reply very late to a cpr letter - all designed to throw you off balance, dont let it. Prepare a holding defence

[large boy]

This shows what little I know about all this but, I thought they had a legal obligation to provide me with the relevant info within a certain timescale upon receipt of the cpr letter, is this not right?

 

What form or direction should my holding defence take shape please?

 

Should my holding defence be classed as just that? Do I need to supply this to the court with a covering note to explain that, as the other party hasn't supplied the relevant info, how can I prepare a case and at such short notice?

 

It seems that the system favours the banks as they are quick to pounce if we do something wrong (like not receive relevant papers) and don't have to comply with regulations.

 

AAaaaagggghhhhhhh!

[hungrybear]

Ok chill.

 

I'll dig out some links for you to a holding defence.

Once you have a read through you will know what it means and why.

 

The sols will try and play mind games with you, not withstanding the fact that they should have all the info to hand before they submit to the court.

 

These mongs are old school they still hark back to ten years ago before the internet when they could get judgement by default or run rings round you. Now with cag etc we are fighting back.

 

You need too do 2 things:

1)work out exactly when the defence has to be in

2)get a holding defense ready

3)chill out and enjoy crimbo.

4)get a calculator and work out that hungry bear cannot count

5)decide if you want to take advise from someone who cannot count:p

 

I'll get back to you in a bit with some links

 

here's a link to some:

http://www.consumeractiongroup.co.uk/forum/legal-issues/236555-howard-cohen-so-begins.html#post2626623

 

have a read come back with a draft / questions

[large boy]

Cheers Hungry Bear

 

Thats the first smile for a while!!!!!

 

Oh, I'll always accept your help and advice, you lot are Gods!!!!!!