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

[lilly white]

SO TO THEM NOT YOU

 

1. It is denied that the matters pleaded in the Particulars of Claim actually disclose any cause of action. In particular:-

 

 

a) It is denied that that the Defendant can have liability to "pay" the Claimant sums of money simply on account of "requests for payment" in relation to a egg credit card- the only matters pleaded.

 

 

No cause of action known to English Law exists on the basis of such "requests for payment" (whether repeated or not).

 

 

 

b) Neither the Claimant being xxxxxxx which it appears (on the face of the Particulars, although due to their vagueness it is hard to know) to be being alleged were due

 

 

c) In any event, it is denied that the Defendant has or ever has had liability to pay - whomever that may be - any sum whatsoever.

 

2. It is expressly denied the Defendant is liable to pay any money pursuant to contract or otherwise to the Claimant.

 

3. Without prejudice to the above contentions, the Defendant asserts that in particular, given that the original of the liability is said to be a credit card given by " (which is a person / entity / company not known to the Defendant), it will be the case, taking into account the amount of the liability, that the transaction and the underlying agreement (if any) between egg credit card and the Claimant would be regulated by the terms of the Consumer Credit Act 1974.

 

4. It is the express contention of the Defendant - again without prejudice to the contention that there is in fact no agreement - that any such agreement as exists does not comply with the Act. It is impossible to plead further in the absence of a pleading by the Claimant as to what the agreement was and what its terms were and the Defendant reserves the right further to plead Particulars of failure to comply in the event that the Claimant amends it Particulars of Claim to allege the agreement

[mandyjayne]

Hi V...lilly has added one above and below from this post on my thread may help

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/195656-egg-barclays-help-please-6.html#post2460055

 

regards MJ:)

[vinegarvera]

Thanks Soooo much ladies!!

 

Looking through paperwork there have been many DCA's chasing this debt:

 

October 2007 - DLC

Nov 07 - April 08 ARC/ Trevor Munn

Nov 08 - March 09 Lowells/Hamptons

May 09 - Red

And now Nov 09 back to Lowells/Hamptons

 

Cant believe it has been passed around so much!!

[vinegarvera]

OK 6.4 and 6.5 filled in! SAR on its way to Lowells. Do I need to take copies of all my peperwork to the court or just these forms and the SD?

[lilly white]

just the forms

[42man]

I've just had a look at Probe Investigations....they say on their website that their credit licence number is 505489

 

Now type that number into the OFT's licence checker and it brings up an elapsed licence..!!

 

Check under the post codes at their offices in Liverpool and Birmingham, and if it is the same person, I think you need to check that in order to serve documents like this I think their licence needs to extend to Debt Collection (which this one doesn't)...and Probe is NOT named on this entry....it could be a serious abuse of process....

 

Application / Licence Details

 

 

 

Licence Number:0564548

Licence Status:Current

 

Current Applicant / Licensee:

 

NameChristopher Costello

 

Categories:

 

Consumer credit Consumer hire Credit brokerage

 

Right To Canvass Off Trade Premises:No

 

 

Trading Name(s) (Current):

 

Sofa So Good

 

Issued Date: 16-Jan-2005

Expiry Date: 15-Jan-2010

 

 

Legal Formation:

 

Sole Trader

 

Current Address(es):

 

Address TypeAddressPrincipal Place Of Business20, Edwards Lane, Liverpool, L24 9HW

 

Historic Address(es):

 

Address TypeAddressPrincipal Place Of Business20, Edward Lane, Liverpool, L24 9HWPrincipal Place Of Business20, Edward Lane, Speck, Liverpool, L24 9HN

[42man]

On the probe Birmingham address there is no licence at all....I would contact the OFT to get them to check and ask whether a process server's licence needs to extend to debt collection. There is certainly no reference to Probe as a company on any licence that I can find....Are Probe the ones that have served the demand ? or is there any reference to a particular person ? - PM me the details if need be....

[42man]

A check on the licence they state is theirs ( 505489 ) reveals that this licence is lapsed.....might be worth getting a screen shot of their website !!!

 

Application / Licence Details

 

 

 

Licence Number:0505489

Licence Status:Lapsed on 26/06/2006

 

Current Applicant / Licensee:

 

Business NameCompany Registration NumberOn-Line Medical Reports Limited4141422

 

Categories:

 

Consumer credit Consumer hire Credit brokerage Credit reference agency Debt adjusting/counselling Debt collecting

 

Right To Canvass Off Trade Premises:Yes

 

 

Issued Date: 27-Jun-2001

 

 

Legal Formation:

 

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

 

NamePositionMichael Vincent DempseyOFFICERSusan Jane DempseyOFFICER

 

Current Address(es):

 

Address TypeAddressPrincipal Place Of Business14, The Crescent, Epsom, Surrey, KT18 7LLRegistered Office14, The Crescent, Epsom, Surrey, KT18 7LL

[42man]

If they do not have a current OFT licence then this is an abuse of the process....

[vinegarvera]

On the probe Birmingham address there is no licence at all....I would contact the OFT to get them to check and ask whether a process server's licence needs to extend to debt collection. There is certainly no reference to Probe as a company on any licence that I can find....Are Probe the ones that have served the demand ? or is there any reference to a particular person ? - PM me the details if need be....

 

 

Hi 42 man,

 

Yes probe served the demand, well I think so... They sent a un letterheaded letter. The only reason I knew it was them was because I googled the telephone number.

 

Then as they threatened the SD was passed under my door the following Tuesday.

 

I can scan up the letter if need be?

[vinegarvera]

Just back from court, have put in forms and the clerk advised me that I should wait now to see if the judge grants a set aside on the merits of the forms... Forgot to ask for a reciept

 

I guess it is just a waiting game now? Any suggestions of what to do in the meantime would be most welcome...

[vinegarvera]

Also, what would happen if the Judge were to decide that he was not going to grant a set aside, sorry for all the questions... just feeling a bit out of my depth again at the moment!!

[42man]

Keep us posted....try and relax as best as you can !! have a glass of strong........................tea !! Await a court date, i'd also check their licence status with the OFT, and if need be raise this with the judge !!

[lilly white]

keep us posted.

 

WILL KEEP A WATCH.

 

REGARDS LILLY

[vinegarvera]

Thanks for all the help everyone!

 

Was just wondering, is it a given that this will be set aside? The clerk seemed to think not.

 

I don't want to be landed with having to prepare a defence at the drop of a hat....

 

I know i am probably making a mountain out of a molehill at the moment but it would be just my luck!!

 

Also, should I have sent copy's of the forms (or anything else) to Lowells??

[vinegarvera]

Any advice from the above query? Also I have some very interesting information regarding Probe investigations. Will pm you 42 Man!

[mandyjayne]

Thanks for all the help everyone!

 

Was just wondering, is it a given that this will be set aside? The clerk seemed to think not.

 

I don't want to be landed with having to prepare a defence at the drop of a hat....

 

I know i am probably making a mountain out of a molehill at the moment but it would be just my luck!!

 

Also, should I have sent copy's of the forms (or anything else) to Lowells??

 

Hi Vera..

 

No i dont think so V, in answer to your first Q, the judge i think looks over what you sent in and if they think you have good grounds to fight then then the hearing is set.

second Q, you should have had 3 sets of your paperwork, one for you one for court one for lowlife! the court sent my set to them.

 

I am starting to worry slightly about mine, it seems to be galloping nearer at a huge rate of knots:eek:

 

Hope this helps and you do on the other hand have some great ammo, re: the probe investigations outfit! 42man will sort that bit for you!!

 

all the best

 

MJ:)

[42man]

QUOTE - "Was just wondering, is it a given that this will be set aside? The clerk seemed to think not."

 

I think you'll find it will be now !!! especially when you raise this point with judge along with your response from the OFT !!! It is an abuse of process and you should get your costs back !!! (which you'll need to submit to be in the court at least 24 hours before the hearing !!!)

[vinegarvera]

Just checking in to say have recieved a court date for February....

Panicking about not having a court date and now completely panicking about having a court date??!!!

 

No response from Egg re SAR (although I have already recieved the CCA)

 

Any assistance with preparing my defence/ counterclaim complaint to OFT would be VERY appreciated..

[42man]

Don't panic...sit down and relax. And spend sime time reading around these forums VG.....

[vinegarvera]

OK, also have a loan with Egg, and have received a letter from Lowells advising basically that they are attempting to retrieve my CCA from Egg??? Thought they now owned the debt??

but don't blame them if it takes longer than 12 days. This is in response to sending the SAR (I Think) and "Account in dispute" letter.

[mandyjayne]

V..

 

My understanding is that Lowells should have your CCA, as they are the ones who now own the debt.

 

They still have not sent my CCA, requested back in Sept. Account now in dispute letter sent.

 

You say you have received your CCA (from Egg?), is that all you got in response to your SAR??

 

regards

 

Mj:)

[vinegarvera]

Yes got my CCA from Egg a while ago after sending an SAR they gave me some guff about needing to sign a form and returned my 10.00 postal order (which reminds me) can we cash these in if they are payable to EGG?

[mandyjayne]

Hi v..

 

thats a good point, i wonder what you can do with them if they return them! maybe someone on here knows, not me thou!!

 

So did you only receive the CCA from egg nothing else? no dn, tn or noa any terms and conditions?

 

The application form needs to be looked at for enforcability...wait for someone to advise weather to post up here, as we do get some prying eyes! My one does not contain a "your right to cancel" box check this on yours.

 

all the best for now V...

 

mj:)

[vinegarvera]

Sorry MJ been away for a while with illnes, Xmas etc...

I have only recieved a CCA from Egg ( or the DCS that was chasing me at the time)in Aug 2008 (somewhere on here) will try to find later as I am on my lunch hour. I SAR'd them a while ago and recieved a ream of paperwork pack asking me to clarify and sign for the exact information I wanted??!!

 

Could someone advise if I shoulkd post it up again? I did not recieve anything else...

 

P.S have had a court date through for February and dont have a clue on how to prepare a defence??? EEkk