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Lowell/Hamptons Statutory demand - old EGG debt *** WON + COSTS *** 2 years later - SD Issued again !!


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sorry

 

who did you sar and who said to clarify what info you require

 

I SAR'd Egg around April 2008 I also requested my CCA, from DCA and Egg.

 

I got the clarification letter from EGG and (I think) my CCA from DCA (cant remember which one and am at work at the moment) it is on this forum somewhere.

 

I have recently SAR'D Egg and Lowells in response to the SD. I have only received a letter so far telling me from Lowells that they have requested the CCA from EGG and one from EGG saying they are in the process of sending my paperwork...

 

Sorry to be so vague, I am in work and not very well so the grey matter is not working properly...

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My head hurts..... have just read on MSE regarding the Manchester case and CCA loopholes!! I dont understand the majority of what is talked about on this forum and cant find out what baring it may have on this case now??? Could someone help me out?

 

I have received a load of bumph from Egg in response to my SAR but it is HUGE and I fell ready to throw in the towel following all the recent bad news regarding the Bank charges and CCA case news...

 

All my old bank accounts are writing to me following the test case telling me basically that they have won the case and I need to pay up on all outstanding overdrafts (completely made up of charges) I even had a thought that it may be worth allowing them to bankrupt me as I have no hope of paying everything - especially if the CCA arguments are thrown out!!!

 

I am about to lose the plot....

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its all rollocks

 

the cca arguments have not been thrown out

 

I don't really understand what has happened and how it will affect us with our court cases.

 

Maybe I just need to read through a bit more when I am less stressed.

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My head hurts..... have just read on MSE regarding the Manchester case and CCA loopholes!! I dont understand the majority of what is talked about on this forum and cant find out what baring it may have on this case now??? Could someone help me out?

 

I have received a load of bumph from Egg in response to my SAR but it is HUGE and I fell ready to throw in the towel following all the recent bad news regarding the Bank charges and CCA case news...

 

All my old bank accounts are writing to me following the test case telling me basically that they have won the case and I need to pay up on all outstanding overdrafts (completely made up of charges) I even had a thought that it may be worth allowing them to bankrupt me as I have no hope of paying everything - especially if the CCA arguments are thrown out!!!

 

I am about to lose the plot....

 

V....stick with it..dont lose it now!:-o

 

Its normal to have moments like this, you need to post anything and everything, even about your bank accounts, for help and guidance, there will always be someone on here that can help you. My hearing is in 10 days and im getting pretty gittery now, but there is no way i would give up and not turn up and let them win!:evil: You have a set aside hearing and you still have a strong case without the agreement, keep focused!

 

Deal with one thing at a time the SD is your only problem just now and you have done all that can to address it:)

 

read the link on post 60, above it may help, the mods on here dont seem to fazed by whats sprung up so dont panic yet!:razz:

 

all the very best MJ:)

Edited by mandyjayne

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  • 3 weeks later...
Hang in Vera, focus on the SD setaside and you will get through.

 

Regards

 

Lantana

 

 

Thanks to all for all your help....

 

I am not sure on what grounds I am fighting this and not sure I fully understand why...Let alone be able to prepare a defence.....

 

My case is less than a month away and i feel like I am drowning in paperwork and terminology that I don't understand:(

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Hi V..

 

When you put in your 6.5 and 6.4 to the court did you put in your witness statement/defence at the same time? below is a link to what i put in, it may help you to get an idea (yours may not be the same so dont copy) unless someone advises

http://www.consumeractiongroup.co.uk/forum/legal-issues/195656-egg-barclays-help-please-9.html#post2675754

 

If you look back on your thread 42man gave you some sound set aside reasons, as in the process server of your SD does not hold a current licence.

 

Other reasons are no notice of assignment, no default notice etc

 

anyway have a read of what went with my 6.4 and 6.5 and it will give you a start

 

cant be of much more help V sorry

 

all the best

 

MJ:)

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Thanks MJ,

 

In the end the server did have a licence.. Having read back over the threads, I think no notice of assignment, no default notice are the reason to defend as I have SAR'd Egg who sent a load of bumf and agreements for a C/C and loan with them, statements, a load of T&C's and some screenshots with account information (also a letter adressed to someone else regarding their account). But no Notice of assignment, termination notice or default notice. Nothing from Lowells... Do I have to prepare/ do anything in the meantime? Present the court with any documents etc..

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Hi V..

 

When you put in your 6.5 and 6.4 to the court did you put in your witness statement/defence at the same time? below is a link to what i put in, it may help you to get an idea (yours may not be the same so dont copy) unless someone advises

http://www.consumeractiongroup.co.uk/forum/legal-issues/195656-egg-barclays-help-please-9.html#post2675754

 

If you look back on your thread 42man gave you some sound set aside reasons, as in the process server of your SD does not hold a current licence.

 

Other reasons are no notice of assignment, no default notice etc

 

anyway have a read of what went with my 6.4 and 6.5 and it will give you a start

 

cant be of much more help V sorry

 

all the best

 

MJ:)

 

 

Have a read of the first paragraph V..did you submit anything along with your 6.4 & 6.5??

 

MJ:)

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Morning Vera..how you getting on with this?

 

hope your ok

 

MJ:)

Edited by mandyjayne

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Hi MJ

 

Thanks, not getting on too well at the moment having some family problems and feeling really confused feel like I am going to come across as a complete imbecile in court. I only submitted the 6.4 and 6.5. I have received a load of bumpf from Egg in relation to my SAR but nothing from Lowells ... I understand that I am defending this as I have had nothing from them (DN, NOA,,) but the more I read the more confused I get- my head is bursting

 

But I would go to bits if the judge asked me if I understood the Manchester test case or anything like that.

 

I have taken the day off to attend court next week but feel I have left everything too late and am absolutely petrified to go to court. Whet happens if I don't go? Will they just bankrupt me? Will I lose my home?

 

I have no idea how to prepare a defence let alone stand up for myself in front of a judge and solicitors..

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Hi MJ

 

Thanks, not getting on too well at the moment having some family problems and feeling really confused feel like I am going to come across as a complete imbecile in court. I only submitted the 6.4 and 6.5. I have received a load of bumpf from Egg in relation to my SAR but nothing from Lowells ... I understand that I am defending this as I have had nothing from them (DN, NOA,,) but the more I read the more confused I get- my head is bursting

 

But I would go to bits if the judge asked me if I understood the Manchester test case or anything like that.

 

I have taken the day off to attend court next week but feel I have left everything too late and am absolutely petrified to go to court. Whet happens if I don't go? Will they just bankrupt me? Will I lose my home?

 

I have no idea how to prepare a defence let alone stand up for myself in front of a judge and solicitors..

 

 

There are not many judges who do understand the manchester casesicon6.gif

 

Judges in the main are as, far as i can see, understand little

 

 

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Hi MJ

 

Thanks, not getting on too well at the moment having some family problems and feeling really confused feel like I am going to come across as a complete imbecile in court. I only submitted the 6.4 and 6.5. I have received a load of bumpf from Egg in relation to my SAR but nothing from Lowells ... I understand that I am defending this as I have had nothing from them (DN, NOA,,) but the more I read the more confused I get- my head is bursting

 

But I would go to bits if the judge asked me if I understood the Manchester test case or anything like that.

 

I have taken the day off to attend court next week but feel I have left everything too late and am absolutely petrified to go to court. Whet happens if I don't go? Will they just bankrupt me? Will I lose my home?

 

I have no idea how to prepare a defence let alone stand up for myself in front of a judge and solicitors..

 

Hi Vera..

 

Sorry to hear things are not to good at the mo....:( the pressure of an up and coming court hearing makes things twice as bad!

 

Firstly...you MUST attend this hearing next week..for all you know the other side may not even turn up..then its a walk in the park!

If they do, then the DJ will make allowances for you, being a LIP. He/she will not expect you to know or present your case like a pro! He will not ask you the ins and outs of the Manchester Case...(my hearing in Jan, the DJ just asked if i was aware of the MC, i just said i yes!)

If you dont go then, they will get the upper hand!:eek:

 

Secondly...this is not a Bankruptcy hearing, its a hearing to set aside your SD, if they win this round then they could go for a Bankrupty Petition...but my belief is this costs them a lot money, and will only do it if they have decent chance of getting some cash out of it.

 

In the absence of someone who knows more than me V i hope i am explaining this well!! And no you wont lose your home;)

 

You are defending the fact that they have not provided you with a NOA, DN, my advice to you as a matter of urgency is to hit the red triangle and find out if you can send in a witness statement/defence or is it to late??

 

Also keep bumping up your thread until someone answers! I believe the NOA plays an important part in the SD set aside...read my thread V and pick out the bits that apply to you as mine is very similar, copy and paste them into notes and print off to take to court with you, also drop 42man a PM, see if he can step back in and guide you, although ive not seen him around of late!

 

All the best V

 

MJ:-)

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See post above first Vera, then this will make sense

 

a couple of post from my thread from 42man

 

"Just know your stuff !!! and if for any reason it isn't going your way then you request the judge ORDER the other side to disclose ALL the documentation, default notice, termination, notice of assignment, deed of assignment, proof that the debt is securitised under English Law. And request costs reserved."

 

MJ..i'm adding comments as I re-read your thread....I think your Subject Access Requestlink8.gif is important in this too. As Egg never sent any DN or termination or assignment then it was incapable of being assigned....if it isn't going well for any reason then you tell the judge that as the Civil Procedurelink8.gif Rules don't apply in the Insolvency Laws then you have had to rely on a Subject Access Requestlink8.gif made under the Data Protection Act which has revealed that they never sent you a default notice, no termination or any assignment !! This could be construed as being an unlawful recission of contract....

 

and this from ODC.....

 

section 136 of the Law of Property Act 1925

 

They must prove that you have been served with a notice of assignment and of course the only way the Leeds losers can prove this is if they sent it by Registered post or recorded delivery.

Edited by mandyjayne

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Where the debtor (a) claims to have a counterclaim, set off or cross demand (whether or not he could have raised it in the action in which the judgment or order was obtained) which equals or exceeds the amount of the debt or debts specified in the statutory demand or (b) disputes the debt (not being a debt subject to a judgment or order) the Court will normally set aside the statutory demand if, in its opinion, on the evidence there is a genuine triable issue.

 

 

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