Carter/EGG Claim Form **DISCONTINUED**

[sleepingdog]

Hi vic synex , just adding that many on this site have got BC running back to under the stone he crept out from myself included ,he does not seem to like appearing anywhere near a court ,probably embarressed at the thought of a judge reading the drivel he sends people , good luck ,be strong and you will beat this low life.

sleepingdog

[vic synex]

Thanks for the replies everyone, had a reply from Mr C today, an exact copy of the previous letter, even so far as the same date

 

How can this man masquerade as a solicitor?

 

GH how do I go about asking for the order you mentioned?

 

TIA

[vic synex]

Quick update Guys,

 

Carter sent me a copy of my agreement which I recieved today. However, still no default notice. His letter gives me 14 days to enter a defence. Shall I remind him (again) of his obligations or go to the defence stage?

 

TIA

[vic synex]

Polite bump please folks.

[gh2008]

Keep reminding him and ask when he expects to be able to comply.

Detail what you asked for, what he sent & what is missing

 

copy to the Court

 

DO NOT submit a defence yet as it will not be complete and Carter STILL hasn't submitted a proper claim.

 

If time runs out submit an application for an 'unless order' i.e. unless he submits the docs then the claim will be struck out

 

The order would also include a line saying that 14 days from him serving the doc you have to submit a fully particularised defence

 

no change from this really

[gh2008]

If you do want to submit a defence then I would base it around the following.

 

1. Admit having an account which would have been regulated by the CCA 1974

2. Admit applying for it

3. Deny that there ever was an agreement compliant with the terms of the Act

4. Deny a compliant DN was served

5. Therefore the claimant has no cause of action in this case and the claim should be struck out.

 

very simple and clearly answering the POC

[nogoodwithmoney]

Hi there, just been reading this thread with interest as I am in exactyly the same boat with Egg/Brian Carter. Don't want to hijack someone else's thread, but I am sure my questions may benefit the OP too.

 

Received a claim form and submitted a defence on the basis that a non compliant CCA was supplied (no T&C's were included and statement of account never received). I have now received an allocation questionnaire which i intend to return (it's due by Monday) but on reading this thread, it appears I should be doing more? Should I be sending SAR to egg and sending a further request to Mr Carter to provide the T&C's and Statement of Account previously missing from my CCA request?

 

Also what happens after I return the Allocation Questionnaire - is it immediately listed for a hearing? Does the AQ get sent out by the COurt automatically and does it necessarily mean that Mr Carter intends to pursue the claim notwithstanding my defence?

 

Sorry for all the questions but again, hopefully the answers will benefit OP too.

 

Thanks

[vic synex]

Hi all, I've been having an ongoing battle with Carter who sent me a claim form at the end of May for a credit card debt with Egg.

 

I have repeatedly asked Carter for information under CPR 31.12 of which he has only partially fulfilled my request, I am still waiting for a copy of my Default Notice which I didn't recieve when Egg terminated the account.

 

Today a judgement has arrived and I was wondering if anyone could enlighten me as to my next course of action?

 

TIA

[rebel11]

Hi vic

 

Is it possible for you to post it removing all personal details and reference numbers.

[vic synex]

Thanks for the quick reply, here goes:

 

Edited October 23, 2010 by vic synex
personal details left on link

[rebel11]

Hi Vic

 

You need give a better summary of whats happened. I think you will need to ask for a set-aside.

[vic synex]

Thanks for the input, this is my original thread but for some reason I can't edit the title;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262090-Carter-Claim-Form-Recieved-Today&p=2958505&highlight=#post2958505

[Belaflat]

I note that this is from the bulk centre at Northampton.

Did you file defence as normally it would be allocated to your local court for a hearing if you did.

It seems strange to get what amounts to a default judgement if a defence was filed.

I had a look at your original post but you dont state if you ever recieved the D N or submitted an embarrased defence if you didnt get it.

[vic synex]

I sent the defence by post as I was having some problems with the computer, I can only assume they didn't receive it.

I still haven't received a copy of the DN from Carter despite several reminders and eventually submitted an embarrassed defence in September.

[Belaflat]

Carter wont bother doing anything now that he has judgement.

I would call the Court and ask why there is a default judgement when you filed a defence.

See if they have record of one being recieved.

 

You will have to file for a set aside but I am not too sure of the grounds as yet.

Will just do some digging around for you.....it would have helped if you had proof of posting and delivery.

Not sure if claiming a defence was sent but not recieved will be accepted as grounds without proof.

[DonkeyB]

Subbing

[wilchy]

Did you receive a letter from the court to say they will pass your defence on to the solictors etc? As I only filed mine on Monday and got a letter yesterday to say they recieved the defence etc.

[vic synex]

No, I didn't get any acknowledgement at all. I was going to chase it up next week.

[wilchy]

I would say that ringing the court on Monday would be best thing to do. And ask the questions.

[Belaflat]

Have you contacted the Court yet..?

[vic synex]

Yep, they haven't received my defence.

 

Have been advised to apply to have it set aside on the grounds that Carter failed to provide vital docs, does this sound feasible?

[DonkeyB]

And also that you defended! Did you send the defence recorded delivery?

[vic synex]

Unfortunately, I gave 2 letters to Mrs Synex to post and she sent the wrong one recorded delivery!!

[DonkeyB]

B*gger! Which hospital is she in?!

[vic synex]

There's a saying in life, "if you want something doing properly, do it yourself" So it's my own fault really!!

 

Any ideas on what I should be putting on my N244?