Carter claimform - old Egg Loan 'debt' - stayed

[DonkeyB]

If you want to, write and simply remind him of the CPR requirement. However, asking once is enough - he knows the law (well, he should!).

 

You now have a defence in, so if he discontinues, you claim costs and he would find it very hard to issue another claim on the same facts, or lack thereof.

 

Carter generally avoids fast track.

 

Edit: Beat me to it, shadow. Next stage is, if he coughs up, AQs - you can ask for an order that Carter complies with your CPR request. An alternative now is to go straight for strike out for non-compliance, but that would cost money via an N244, and with the AQ can do it for you free and, if he fails to comply, you can still hammer for costs.

[BonM]

He knows the law, but clearly ignores it, strange really!

 

Forgive me, but, can you explain what an AQ is exactly? sorry, but I am unfamiliar with the legal terms.

Edited March 26, 2010 by BonM

[the_shadow]

He knows the law, but clearly ignores it, strange really!

 

haha this guy has a looooonnnggg history on here ;-)

 

S.

[twofoot]

Do a search for allocation questionnaire

[pugz185]

Hi all, First post but i have already got so much help and information from you guys so many thanks.

 

I have an ongoing issue with BC much the same as the OP's, and have so far followed everything to the letter already advised in this thread.

BC's time for my CPR request expired yesterday, and as i have yet to recieve anything from him would it be good practice to wait a further couple of days due to Bank Holiday post etc before submitting my defence.

Also can my defence using the template earlier in this thread (thankyou) be submitted online to Northampton CC in the same way as my Acknowledgment of Service form, which was recieved by the court 24/03/10.

 

Many Thanks for your advice

Pugz

[BonM]

Hi Guys,

 

OK, so I received the details from Bryan Carter today, I have uploaded the attachments to show what I have been sent, can someone please check this for me to see if it is enforceable, I think it is, if so, then fair enough and many thanks for everybody's help thus far.

 

BonM

 

OK Re attached as PDF, hopefully this is better for everyone. Thanks

 

BonM

Egg_Agreements.pdf

Edited April 8, 2010 by BonM
incorrect upload of docs

[creditcardmug]

Look at what they have sent....is your signature on the same page as the prescribed terms, and are those terms all there?

Here are the prescribed terms.

 

1. Number of repayments;

2. Amount of repayments;

3. Frequency and timing of repayments;

4. Dates of repayments;

5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

 

[BonM]

Well to be honest, I really am a novice at this. So in taking what creditcardmug has said, the answer is, no my signature is not on the same page as the prescribed terms. The prescribed terms as creditcardmug has stated 1 - 5 appear on a different page. But does this make it unenforceable, I do not want to assume anything, but that is why I haved asked.

[creditcardmug]

Well if your sig is not on the same page, then does the page with your sig say that the terms are "overleaf" or elsewhere.

If not then unenforceable, on that point, there may be others

 

The "prescribed terms must be found within the four corners of the agreement, they cannot be found elsewhere"

[BonM]

I have read and re read this page upon which my signature shows. It does not state at any point on the same page the terms, neither does it state the terms are overleaf, and niether does it state the terms can be found anywhere else. I have uploaded a copy of both pages as show in post #56 this is all I have received and is why I am asking for it to be checked for confirmation if it is enforceable or not.

[creditcardmug]

ok fine so its not enforceable, can you just post up your defence, and say whether you ever had a Default Notice?, i dont have too much time left, but can see you are still online

[BonM]

I do not recall ever having received a default notice. I am unaware of what defence stance I should take on this, I originally posted an embarassed defence, and this is the only documentation I had received from my CPR request. Thank you for your help creditcardmug, I really do appreciate it. Any further help from anyone in regard to if this is 100% non enforceable, and how or which stance I should take would be greatly appreciated.

Edited April 8, 2010 by BonM

[creditcardmug]

I have looked back through the thread, cant find your defence word for word, going by the posts it looks like the claim is "stayed" at Northampton, so phone the court tomorrow to check on this, then consider an application on form N244 to have the claim struck out.

 

In any event do not contact carter again

 

just to help you with what happens next, if carter begins to move again, you will get a letter from the court to say it has been moved to your local county court, and also a form called an Allocation Questionnaire, dont be afraid of it, this is where you can do the most damage to the other side, if done correctly.

 

i hope tp be able to help you further, but if not, there are many more on here who can

[BonM]

Hi All, the letter from the court after I submitted my defence, the bottom part reads

 

"Where he (BC) wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay"

 

So as of now, this is the 24th working day from the date of the letter from the court which was 3rd March, not including weekends or bank holiday days. I will contact the court tomorrow and see what they say, I believe the next course of action suggested N244 is costly...(not sure how much though?) or how to go about doing this I will try to look it up. Thank you so far again everyone, and any further help or advice would be greatly appreciated.

[BonM]

ok I have done some research and please correct me if I am wrong, but the N244 is a form I fill in to have the judgement stayed. I need to file reasons for this etc, I have had a look around and can not find where a template/help on this for filling out this form is. Can anybody point me in the right direction for help with filling out the N244 and to what I should be putting in it i.e legal terms etc? Many thanks

 

BonM

[gh2008]

no, the N244 would be an application to have the case thrown out as it does not have a realistic chance of success and/or the claimant has breached certain rules (which, knowing BC they will have)

 

Search for strike out and see what you can come up with, otherwise I'll post some links tomorrow

[BonM]

ok, so is the N244 the form I should be using? I am a little confused between this and the AQ. I have alos read that there is an N1 form I would need to fill in also.

 

My previous defence is posted below word for word.

 

DEFENCE

 

"1. The Particulars of Claim issued by the Claimant, discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR.

 

2. Bryan Carter & Co Solicitors have failed to respond to CPR 31.14 letter dated 12th February 2010, requiring disclosure of the documents that the Claimant seeks to rely on in court.

 

3. Further to that above the defendant is unable to plead effectively or at all. The defendant is embarrassed."

 

 

I can find nothing on strike out, it seems it is not easy to find things on here unless you know exactly where you are looking, I have tried but could not and would really appreciate being pointed in the right direction as long as we are all agreed the information I have been sent is unenforceable in form of CPR request post #56 is where it is uploaded. Advice would be great from here gh or anyone Thank you all again so much!

 

BonM

[MorganaNK]

Subbing to this thread

[BonM]

OK So I have the N244 form and I am assuming I would input the following into question 3. Question 3 reads "What order are you asking the court to make and why?"

So I would input the following.

"I am asking the court to strike out this case based on the fact that Bryan Carter and EGG have failed to comply with the full CPR requests, also, upon receiving what they prescribe to be my liability to the debt entailed, I believe this to be not correct and not enforceable as the terms do not appear within the agreement and I believe this will not have a realistic chance of success"

If someone could please advise me on this, would be greatly appreciated, as I do not know if this is the kid of thing they are looking for and if maybe I need to use any certain terminology etc. I can not get through to the court at the moment as their phone lines keep saying they are closed but will keep trying in order to find out if this has been stayed or not, though I doubt it has yet, as today is the 25th day of 28.

Thanks

BonM

[BonM]

Finally got through to the court, case has been stayed, they have informed me i need not do anything else. After 4 months, if the case has not been taken further, it will be struck out. They have advised me to not do anything and just sit and wait BC next move!

 

Thank you to all of you so far for all of your help, you are wonderful and I could not have done this without you so far. Godmother, Vint, Donkey, creditcardmug twofoot and the rest of you, thank you all so much for your support and advice and direction. If I hear anything further and am unusure how I need to progress I will ask.

 

Many thanks

 

BonM

[The GodMother]

Ok what date did the stay take effect?

 

I would make a call to the courts to find this out so u can make a call to the courts every 2 weeks/months on the correct date to say what is going on?

 

Also on yourcalendar make a note and then give the courts a call to find out what is going on.

[BonM]

The case was stayed on the 6th April, I can call them every 2 weeks not a problem. One Issue I have is that Egg sent me a statement through showing payments I had made at random points, like I had said in the beginning of the thread as and when I could afford it etc. Would this effect anything if this goes to court? Also, just to make 100% sure that the agreement I had posted in post #56 is non enforceable could I get some other opinions too just so I can be 100% confident, would be greatly appreciated, thank you so much.

[BonM]

Hi Everyone, thought I would just post this up here and catch any new eyes that have not seen my existing thread where my Loan Agreement is also posted. Can you please give me your opinion to see if this is enforceable. This is on two seperate pages and is what I had received from Bryan Carter in response to my CPR request. I received nothing else from the.

 

Thanks for your continued help and support, and here is the link to my existing thread.

 

BonM

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/244010-bryan-carter-litigation-proceedings.html

Egg_Agreements[1].pdf

[Pinky69]

There is no such thing as a 100% view of unenforceability on CAG as we are not judges and they have the final say. In my view this would be unenforceable as the signature box is separate from the prescribed terms. There is nothing linking the two pages. There are also no Terms and Conditions.

[cerberusalert]

If that was signed at home there is no right to cancel... one of the prescribed terms.