Carter claimform - old Egg Loan 'debt' - stayed

[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

 

 

[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"

[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

[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

[creditcardmug]

Hi again, Carter has to pay a (small fee to lift the stay, if he does the case will automatically be transferred to you local court, and you (and he) will each be sent an Allocation questionnaire), in which you can insist among other things that certain original documents are brought to the hearing.

 

However, if he does not lift the stay, it could in theory remain as is forever!

Hence my suggestion re: N244, cost, i think 40-75, recoverable should you win.

 

Hope this helps with some of your questions.

 

PS, on the downside that defence is very weak!

[creditcardmug]

Hi all thanks for that, I had spoken to the court and they have said after 4 months, if Carter has not applied for the stay to be lifted, then it will be struck out (assuming I have to apply for it to be struck out)

 

 

 

 

which defence is very weak? could you advise anything to improve it once you have pointed out which one. Thanks ccm, much appreciated.

 

BonM

 

Post 67, was i presume your defence to this action?

 

If not i suggest you post up here the POC from carter, and you defence to it.

[creditcardmug]

does having it struck out prevent Carter from 'resurrecting' the claim in the future ie it is permanently killed off? if not, does anything do that?

 

If it is struck out, the claimant must first persuade the court offering new evidence, this is something almost unheard of!