Carter claimform - old Egg Loan 'debt' - stayed

[gh2008]

Carter only tends to deal with either unenforceable or otherwise 'dodgy' cases. He specialises in a raft of tactics designed to either get the debtor to pay up or to get a default judgement against them.

 

I do not know of a single case where Carter has gone to court and won!!!

 

Normally they withdraw and get costs against them.

 

IMHO in your particular situation I would just follow the advice above.

 

Do not make any more payments, do not acknowledge the debt and the default will 'fall off' you record 6 yrs after it was put on and the 'debt' will be statute barred 6yrs after your last acknowledgement or payment towards it.

 

Other option is to do lots of reading up on the CCA CPR and make an N244 application for Summary Judgement will will get rid of teh debt and force teh CRAs to remove the default as well.

BUT that means a lot of work for you .....

[BonM]

I suppose I should have worded the thread title "Can anyone please tell me 100% if this Egg Loan Agreement is enforceable...in your view"

[BonM]

gh thank you for that, As I have said, the court have advised me that I need not do anything now as it had been stayed, but I will do as GodMother says, I like that advice. Apart from that, I will go along with everything else and just wait and see what Carter's next move is I believe if he does try to go for it, I defend as an unenforceable agreement and issue the N244.

[Pinky69]

It wouldn't have made any difference. No one can give a view that it is 100% enforceable except a judge.

[count orlok]

My egg CC agreement is very much the same as that; nothing to link prescribed terms and sig. Its all down to the judge if he believes them when they say they are, as I very much suspect they do not have the original. Their "representatives" have virtualy told me in as many words they do not. My T&C where seperate in tha they where on Egg's website.

[BonM]

ok, I think what I am saying is, I value peoples opinons here and the help I get from everyone, so essentially what I am asking for is peoples opinions. Thanks Pinky, I really do appreciate your comments and with the help of everyone here I am becoming more knowledgeable as the days go by and am learning a lot.

[BonM]

My egg CC agreement is very much the same as that; nothing to link prescribed terms and sig. Its all down to the judge if he believes them when they say they are, as I very much suspect they do not have the original. Their "representatives" have virtualy told me in as many words they do not. My T&C where seperate in tha they where on Egg's website.

 

 

Interesting Count, so what is your situation at present, and the status of your case?

[count orlok]

Making token payment to egg and playing letter ping pong with DCA. Second DCA now on case. The chicken people where easily dispatched

 

My thread is > here

[BonM]

I have been advised not to contact BC again, but I have read in other threads that when people have received what appeared not to be a true copy or not an enforceable copy (in their view) they had written back and informed them of this. Should I do this? Or Should I just leave it and wait as the case is stayed?

[BonM]

Thanks for that Count, made good reading, learned quite a bit from that, much appreciated!

[Guest HeftyHippo]

in the section "Payable by" (page 1) it refers to clauses 10 (which refers to actions resulting from later payments) and to clauses 6,7,8, and 9 of the "Personal Loan Agreement Terms and Conditions". Page 2 refers to conditions 21 and 22. therefore establishing that what you have there is not the complete agreement (as you already knew).

 

The top of Page 1 refers that the "Loan Agreement incorporates the Personal Loan Agreement Terms and conditions supplied to you with your copy of this Agreement" under which the loan is supplied to you. That kind of suggests the Terms are a separate document. Do you not have anything else? The pages are not numbered so without reading it isn't obvious that anything is missing. Have you pointed out the missing Terms?

 

I wouldn't think what you have would be enforceable without the Terms & Conditions.

[BonM]

Hi HH, thanks for takign the time to look at this for me, it is greatly appreciated. Everything I have been sent, is posted up here, that is what BC have sent me on behalf of egg, and that is what they deem is enforceable. I have not pointed out what is missing as of yet, I am sure they are aware, but I have been advised to not contact them again, though if it is felt I should and to point things out such as this I am more than happy to but would need advice as to what is missing what I would need to point out and how to dress it up. Thanks HH, appreciate your time

[Guest HeftyHippo]

Have just read your other thread and note that you are asking for advice there as well. It is better to stay with one thread so the whole history can be seen. Your agreement was looked at there and described as unenforceable and as you are in the litigations stage and already asked under CPR for the rest of the agreement, there doesn't seem to be any point in duplicating things again unless you have a new query or new info.

[BonM]

Hi HH, fair point, I was just wanting to get new eyes to look over the agreement that hadn't seen it in the other thread, as has been the case here.

[BonM]

Any harm in sending the following letter, please ammend if/where necessary, but I figured something along these lines may be sufficient.

 

______________________________________________________________

 

 

Address

 

Date

 

Dear sir/madam

 

Thank you for your response to my request under the Consumer Credit Act section 78.

In your response you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any (prescribed terms / signature) means that a court would be prevented from enforcing it under s127(3).

 

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

 

After this period you should close the file and cease processing an personal data relating to me on this matter.

 

Yours faithfully

[The GodMother]

leave it you have submitted your defence and l would assume you have said all that you want in that as in unenforcable cca etc.

 

if they want they can contact you they have your address.

[BonM]

Hi GodMother, my defence was an embarassed defence as I had no CCA at that point. But I will leave it until I hear more/if anything, thanks for your help

[The GodMother]

well if its a embarred defence you can if the stay gets lifted ask the courts for permission to update or ammend your defence to show what has happened since.

 

They still need to have the stay lifted tho.

[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!

[supasnooper]

Threads merged for ease of reference for everyone.

[BonM]

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)

 

 

PS, on the downside that defence is very weak!

 

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

 

BonM

[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.

[BonM]

Hi ccm, post #67 was my original embarssed defence submitted as an embarassed plea, which was accepted by the court. He sent me the cca which is unenforcebale after the case had been stayed once the 28 days had expired after him receiving notification from the court of my defence, this was stayed on the 6th april. So at present there is no need for me to enter any other form of defence unless he takes matters further, I believe this is what I have been told, please do correct me if I am wrong. the POC are all posted up as per post #16.

 

Should I now make an application to the court to ammend my defence? or should I leave it and wait to see Carters actions..if any? Getting a little confused

 

Thanks

 

BonM

[new-me2010]

I am totally confused you've written the following.

 

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's next move

 

You don't need to do anything more than phone the court every 2/4 weeks. so make one of those nice little cross off calendars to countdown the days cos already a week has gone by.

[BonM]

Hi new - me.

 

I know that, but then I have people confusing me telling me I need to do other things! so terribly confusing!