Brian Carter Claim issued EGG card **Discontinued**

[eggy12]

HI all, quick run down.

had egg c card, ran into probs (lost job) offered egg 1 pound a month. they accepted and ive paid. account passed to fredricson then onto carter. carter then go for claim. rang them saying i have agreement in place with egg to no avail and they say fill in claim form.. rang egg and they confirm ive been paying and they know about my difficulties.. how best to respond ?

[Sunshine54]

good morning eggy12

 

sorry to hear about this development.

 

As the Claim has been made, presumably via Northampton?, you need to acknowledge the claim - please make sure that you don't miss the deadline as you will have judgement awarded against you by default.

 

It makes sense to defend the claim as, if you don't you defend then you will get a CCJ anyway and if you do defend then you have a chance of winning.

 

If you can post up the relevant details of the claim and copy of the agreement (minus personal details) if you have it, then the more experienced Caggers will be able to advise you appropriately.

best regards

S

[eggy12]

Hi and thanks.. Laptop stopped working but back again now..

 

OK, Court(Northampton) Issued papers on 22nd Jan!!!

 

Particulars of claim

 

The Claimant's Claim is for the balance due under an agreement which is now all due and payable.

The Defendant agreed to pay monthly instalments under account number xxxxxxxxxxxxxx but has failed to do so.

 

And the claiment claims the sum of xxxxxxx

 

The claimant also claims interest thereon pursuant to s.69county court act 1984 limited to one year to the rate of 8% per annum amounting to 0.00

 

 

 

 

I cannot find agreement as yet but still searching, im sure if i did sign one it would have been around 2001/2

 

 

Regards

 

Eggy12

[eggy12]

Would I go toward the "ive got an unbroken agreement" with Egg for £1 a month in my defence or go for extra 14 days and ask for a copy of the agreement ?

 

Any input is most welcome

 

Eggy12

[Hopster]

Please keep me posted. I am not far behind you. Thx

[eggy12]

I will do, just acknowledged and will have to ask for copy of agreement.. I take it I need not send any money and just ask for it.. I Take it I just write and ask for it with a recorded letter request ?

 

Thanks for any input

 

Eggy12

[Peterbard]

Hi

Yes

You need to send a letter requesting a copy of your agreement under section 78 of the Consumer Credit Act.

Send it recorded post and enclose the statutory fee of £1

They should respond within two weeks.

Peter

[eggy12]

Hi Peterbard and thanks.. Do I need to send the £1 as its now a court matter.. I also take it I send to B Carter who are representing Egg as they made the claim ?

 

Thanks for your input

 

Eggy12

[Peterbard]

Hi and thanks.. Laptop stopped working but back again now..

 

OK, Court(Northampton) Issued papers on 22nd Jan!!!

 

Particulars of claim

 

The Claimant's Claim is for the balance due under an agreement which is now all due and payable.

The Defendant agreed to pay monthly instalments under account number xxxxxxxxxxxxxx but has failed to do so.

 

And the claiment claims the sum of xxxxxxx

 

The claimant also claims interest thereon pursuant to s.69county court act 1984 limited to one year to the rate of 8% per annum amounting to 0.00

 

 

 

 

I cannot find agreement as yet but still searching, im sure if i did sign one it would have been around 2001/2

 

 

Regards

 

Eggy12

 

Hi

Sorry didnt read the whole thread,always a mistake,still no harm in sending the section78 i wouold give it to the DCA and mention that they should passit on to the creitor if the cannot comply as per the new OFT guidline.

 

Theremaay also be a CPR route that you should pursue to try and get a copy have a liik at PT257 threrad on the subject.

 

Is the statement above a confirmation of the agreed £1 payment do you have any proof you kept this arrangement.

 

Peter

[eggy12]

looks like I missed a payment in sept of last year for £1

Im unsure if this is for the £1 agreement !

Edited February 7, 2010 by eggy12

[eggy12]

Is this edited right for my circumstances or should I leave out

2 the default notice

3 the termination notice

 

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the default notice

 

3 the termination notice

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

 

Thanks Eggy12

[eggy12]

Ok leaving 2 and 3 out.. Sending CPR 2morrow

[eggy12]

Is there a template on how to reply to the courts saying you want to strike the matter out of court because the claimant has not given me the agreement i asked for in the cpr ?

[eggy12]

Received letter from Carter's regarding the CPR request..

 

Dear Eggy12

 

We thank you for your communication regarding this account

 

We have referred this matter to our clients and will revert to you as soon as we are in receipt of instructions.

 

In the mean time, we confirm we have placed the account on hold.

 

 

 

Guess i will have to wait till they get back to me

 

 

Think i have till the 18th to file defence but will have to ring and check

 

Thanks for any input

 

Regards

 

Eggy12

[eggy12]

Could someone advise me about how to file my defence as Carter's will not get the agreement to me on time (If there is one)

 

Thanks

 

Eggy12

[eggy12]

Can anyone help me please, im running out of time. How do i make an application to have it struck out for none compliance ??

 

 

Available options

You have submitted an Acknowledgment of Service using Money Claim Online. You can view, print and save your Acknowledgement of Service and respond to the claim by filing a Defence or Part Admission.

 

Received on 4 Feb 2010

Claim status

A claim was issued against you on 22 January 2010.

Your Acknowledgment of Service was received by the Court and processed on 4 February 2010.

[eggy12]

bump

[supasnooper]

I think you need to look at this thread -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

[eggy12]

Thanks SS reading now

[eggy12]

So in my defence i should state that CPR was sent and

"

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing."

 

Has not been fulfilled as they only said they will pass it on to Egg and have placed account on hold.. NOT court action.

 

Maybe included in the CPR 31.14 Request should be a "note about CPR 15.5" in most circumstances ?

 

Quote from PT

 

sadly this is a contradiction, how can you properly assess the merits of the claim without the documents you need?

 

hence why you ask under 31.14 for the docs.

 

now the lender fails to comply, you have a claim that effectively amounts to an abuse of the process as the pleadings are vague, fail to state the account number, fail to set out the nature of the contract in most cases , therefore, how can you defend this?

 

if you do file a defence, then its really going to be 2 or 3 lines

 

The Defendant is unable to plead due to the Claimants failure to comply with its CPR 31.14 duties in disclosing requested documents

 

The Defendant is embarrassed at the lack of detail within the claimants claim and therefore cannot plead due to the Claimants ongoing failures.

 

The Defendant reserves the right to amend this defence and intends to make an application to the court for an order compelling disclosure.

 

 

KK I believe i got the answer i was looking for..

 

Eggy12

[supasnooper]

you will need to submit a holding defence as the claimant has not supplied any documentation to support the claim.

 

Please format your defence properly and post it up for comments before you get it submitted.

A good defence rebutts the Claimants assertions point by point. (read the pt link I posted earlier).

 

Unfortunately, you are now on the back foot as you missed the opportunity to get BC to comply with CPR 31.14

[eggy12]

Ok put a defence in on the 18th, got letter from court today saying BC have 28 days or tuff.. Missed postman on sat as package was delivered but to big to put in letter box, picked up today and it has a signed agreement, screen shots of egg actions up until they froze interest and accepted £1 a month when cccs offer. Now the default notice is all wrong, its just a copy of what they send out minus any details regarding me.. Its an unfilled in default notice printed before any details are added !

BC covering letter

 

Dear Eggy12,

 

We refer to your recent letter or telephone conversation with this office.

 

Please find enclosed account documents, provided by our client, as requested.

 

We hope that this clarifies matters and look forward to hearing from you with your proposals for the discharge of this account.

 

 

 

 

Will post up documents tomorrow as time is short tonight but what strikes me is why did BC take me to court when £1 a month agreement is in place with Egg ? Makes no odds as thats all they will get if CCJ is awarded.. Do they get there money from securing debt ?

 

Eggy12

Edited February 22, 2010 by eggy12

[eggy12]

Sorry SS did not see your above post...

 

I put this in the defence part of claim

 

 

The Defendant is unable to plead due to the Claimants failure to comply with its CPR 31.14 duties in disclosing requested documents

 

The Defendant is embarrassed at the lack of detail within the claimants claim and therefore cannot plead due to the Claimants ongoing failures.

 

The Defendant reserves the right to amend this defence and intends to make an application to the court for an order compelling disclosure.

 

Eggy12

[eggy12]

Ok quick freshen up on whats happened..

 

Case got transferred to my local court, I did not fill in the allocation questionnaire as I decided it would be best to let Egg have there CCJ then they will not be able to get any more interest on the Credit card.. 2 days before allocation due in recieved letter from BC offering reduced 1 off payment or the full ammount with instalments of £50 a month.. Ignored that also as wanted them to get CCJ.. Local court gave me an extra week to fill out allocation Q so I ignored that also, that was due in 2 days ago.. TODAY I recieve a letter from BC with a NOTICE OF DISCONTINUANCE OF PROCEEDINGS ( N 279-Notice of discontinuance or withdrawal of part of claim).. !!

 

I take it EGG have told them off and they are free now to slap interest back on my c/card ?

 

Regards

Eggy12

[DonkeyB]

Er... you've won! That's it - you were paying £1 a month happily, and now thanks to Egg and Carter being greedy, the debt has effectively gone away.

 

Oh dear Mr Carter... you appear to have a reverse-Midas touch. Everything he touches turns to sh1t!