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Bryan Carter offering out of court deal


eggbound
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The account has not been sold. No NOA. Just a bunch of statements dating back from 2001, Egg never posted out any statements so this is the first time we have seen any "evidence" They will make interesting reading when the Christmas telly becomes too boring!

There is an address and a date on the agreement. Still waiting to get to my scanner. But the agreement looks similar to post link above.

The Default notice has no personal details whatsover. I think that this will be the clincher.

Edited by eggbound
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Sorry.. I have a bee in my bonnet today, BC has asked for small claims but the figure is well over the £5K.I thought that 5K was the limit.We asked for fast track. Perhaps BC doesnt want to risk the fee involved for fast track as we have no Default notice apart from a standard template for one!:confused:

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You are entitled to ask for fast track, and although it's at the judge's discretion, it's highly likely you'll get it. Carter simply doesn't want to pay the extra cost of fast track. He would almost certainly need your permission to go small claims.

 

Fast track means you can ask Carter for everything, practically down to his underpants (urgh!). The level of disclosure is much greater, and that would, I think, benefit your case as you could make all kinds of demands for relevant documents.

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Ahh! Thats why he wants small claims then. I think he is taking the P***, first off he has up until today waited all this time to send any documents, although I stated on my AQ that he was asked for this as soon as he instigated the N1. They arrived within 2 days of his delayed AQ which would have been struck out on Wednesday! We have not been able to issue a full defence because he witheld the evidence. I stated this on a covering letter to the District Judge which has been noted along with his "Do it or I will stike out your defence" letter!

Is it too late to apply for this case to be struck out on these grounds and also on the grounds that there has been no legit Default Notice issued.

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The data fields fro the dates on the DN only state . Does that mean there is only one entry for date? Not one that says even? In any standard database system, that template would insert the same date at every point it says !

 

It gives no indication of the period between the dates so you can not be sure - and neither can they - if the time given to remedy the default was sufficient.

 

No doubt they'll produce a screen grab from their system saying it was definitely sent, and that of course it's 18 days to remedy...

 

Did you ever receive the original, ie. have you got it?

 

Also, have you read this yet, by the brilliant pt2537?

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html

Edited by DonkeyB
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