EGG/Carter Claimform -

[debthead1]

hi,

I would be so grateful if anybody could give me some advice.

Back in September we received a notice saying that brain carter had began proceedings in Northampton cc on behalf of egg against my husband.

We put in an embarrassed defence as no CCA was supplied despite us correctly requesting this, and last we heard until this week was that brain carter was awaiting further instructions from egg and the account was on hold.

This week we received a notice of transfer of proceedings, and a form to fill in. the case has now been moved to our local county court.

Please can anyone give me some info as to how to proceed now?

My husband is actually in hospital right now as he has had a stroke, i am scared to tell him as he will get even more stressed out and i don't want to make him more ill.

PLEASE HELP!!!

[MandM]

Is it a form N149 or N150?

 

And don't panic - standard stuff!

 

And what date does it need to be returned (plus a rough value)

 

Ta

 

M

[debthead1]

hi,

it needs to be returned by 25th jan, it's for just under 2 grand, and it is a n149 form.

thanks

[MandM]

OK. In the meantime have you had any other info through from the Sols?

 

Let me do a bit of digging (or others may post up also hopefully). Mine have been N150 for bigger amounts so there are some differences to N149. But you have time on this so absolutely no panic.

 

In the meantime, if you could scan up or type up their detail in the Particulars of Claim (bottom left without looking) and keep your personal details out. Are you on tomorrow evening?

 

M

Edited January 18, 2010 by MandM

[debthead1]

ye, i will be on tomorrow evening. i don't know where the particulars of claim is! i do remember there were not many details on there, and no documents listed etc, they said they were starting the claim as we had not kept up with agreed payments. does this help at all?

thank you so much, i really am so grateful for any help you can give

[MandM]

No probs. Try and find the original POCs in the meantime and maybe a copy of your defence.

Will be on tomorrow. hope husband is doing OK btw. No need to bother him with this, still a long way off of court.

OK. Found your original thread>>>>> http://www.consumeractiongroup.co.uk/forum/legal-issues/220966-brian-carter-co-county.html and i am assuming this is all the same problem.

I see you submitted an embarrassed defence and you also sent CPR31.14 to the solicitors. Did you get any response to your CPR request?

Will be on this evening and give you a hand with the N149. I have one here so can talk you through what to fill in.

Depending on how you answer the above you'll have another bit of typing to do for Draft Directions to assist the court in what to ask them for.

This form is so that the court can decide which "track" to allocate the case to. Also, am I correct in assuming that this is a loan rather than a card?

Perhaps Site Team would be kind enough to merge the two threads so as to keep all the history/issues together and that should alert one or two others to the fact that you're posting again.

 

OK folks. Have been doing a bit of digging and it seems that Mr Carter has an uncanny knack of falling flat on his @r5e once beyond AQ stage.

If anyone has a good set of draft directions they could post up it will help this thread enormously (and save a bit of hunting later on )

Onto the AQ>>>>

Make a copy first so you can do a draft. Fill in as follows.

Sec A Settlement........No (unless you fancy it)

B Location .......No as long as it's from your local court

C Track....... Yes to small claims

D Witnesses 0 zero

E Experts.......No......then leave the next 3

F Hearing.......up to you what you put here....hols etc.

G Other Information.....Write " as attached sheet Section G Other Information.........Draft Order For Directions

H Fee........No

I Signature etc

Will post more up later.

Got to dig through the threads a bit as my PC is kaputt (again) so on a laptop with limited info.

M

[debthead1]

thank you so much, will fill the form in later on.

should i then post it, or wait and enclose a letter with it? ye, it is a loan

[MandM]

Don't post yet. Still got another bit to type and add in. Scouring Cag at the moment so i can cut and paste what you need as my own PC with all my bits on has rather died lol.

Will try and get it up tonight for you so bear with me.

When you're all done you'll need 2 further copies - one for the court (obviously) and one for them. You're supposed to send them one out of manners, personally speaking i'd say tough on them (but your choice) and not give them the heads up. BC are horrible anyway.

Aim to send this in the post by say Saturday, there's no panic!!! If it's your local court and you can hand it in you have until Tuesday.

OK. Section G. type this on a page by itself. This covers Other Information!

Leave up for 24 hours or so in case anyone wants to add or amend.

Section G - Other Information

 

In the XXXXXXXX County Court

Claim number XXXXXXX

Between

Egg banking plc - Claimant

and

You - Defendant

 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.

I'm giving you the stuff kindly given to me and adapted for MY Egg loan account. For the benefit of all those not up to speed, mine is a higher figure and on Fast Track so if there are any differences then feel free to shout

I'll put you up a Draft Order for Directions next. Again, adapt and print off on a page by itself.

I'm assuming that you had no response to your CPR31.14 request. Is that correct?

Also, are you aware if BC own the debt or can we assume that they are acting for Egg?

Draft order for Directions as follows;

Again, anyone looking in please feel free to comment. Have adapted these again from my own case and changed the 2006 references to 1974.

DRAFT ORDER FOR DIRECTIONS

In the XXXXXXXX County Court

Claim number XXXXXXX

Between

Egg banking plc - Claimant

and

You - Defendant

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 1974 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 1974 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 an amended defence sufficiently particularised in response to the documents supplied by the claimant.

Edited January 19, 2010 by MandM
added a bit

[debthead1]

thank you!

bc are acting on behalf of egg as far as i know, and nope, i didn't get a reply for the cpr31.14

[MandM]

pleasure. take your time to read and (try your best) to understand the above. There's still no hurry here yet so the longer you can wait then the more comments and help you're likely to get.

Try and answer any questions in the posts above as any info may help and may tweak things.

Hope the hubby is doing well.

Good, changes nothing yet then

OK Mrs Debthead,

doesn't look like anyone wants to join in

So I suggest that if we don't get any responses by the weekend then you get the previous bits copied, pasted and printed off.

Add your bits on obviously and we're good to go.

I'm happy with it, have looked at mine and it doesn't differ too much, just the amount.

Any questions feel free to post them up and i'll check back later,

M

[debthead1]

ok, will di, thank you again