Carter/EGG Claim Form **DISCONTINUED**

[The Mould]

OK vic,

 

Have you made a start on filling out the AQ? If you are continuing to defend, then we can go through the AQ tonight so that you have it ready to file and serve on the morrow before 4pm.

 

Kind Regards

 

The Mould

[vic synex]

Just looking at it now and scratching my head!!!

 

This is the termination letter from Egg, the letter terminating the card and the copy of the CCA are filed away, I can scan them tomorrow if need be?

 

[The Mould]

Just looking at it now and scratching my head!!!

 

This is the termination letter from Egg, the letter terminating the card and the copy of the CCA are filed away, I can scan them tomorrow if need be?

 

 

So as far as Egg are concerned a Default Notice was served upon you. There is no pleading in the POC's in respect of DN being served.

 

Do you have anything in writing from the claimant at the time you had a discussion with him to inform him that no DN had been served and he then said he would allow 14 days further for you to file your defence after it had been sent? He then obtained Default Judgment against, you succeeded in having said Judgment set aside, what evidence did you rely upon in support of your application to set aside?

 

Kind Regards

 

The Mould

[The Mould]

Vic, mind you don't scratch that head of your's too hard, you might end up pulling your hair out:lol:.

 

I need tea and smoke break, do you want to go through the AQ after that?

 

Kind Regards

 

The Mould

[vic synex]

Vic, mind you don't scratch that head of your's too hard, you might end up pulling your hair out:lol:.

 

I need tea and smoke break, do you want to go through the AQ after that?

 

Kind Regards

 

The Mould

 

Yes please TM, your input is very much appreciated.

[vic synex]

On my N244 I simply stated no DN had been received and that the Claimant had failed to supply a copy of it under a CPR 31.12 request.

 

This was Carter's reply to my request;

 

[The Mould]

Right then vic,

 

Can you just please tell me what happened before termination ocurred on the loan agreement, did you miss any payments or were any payments to the account late?

 

I need you to be open and honest with me and please do not take any offence to this comment vic.

 

Can you also grab the CCA copy the claimant supplied you with and read through it and find the contratural term thereof that the claimant pleads you are in breach of and post up said term please.

 

Recent case law Judgment handed down this week (Mon 28 Feb 2011) provides an authority for you to rely upon in respect of the Default Notice, said Judgment has held that Statutory Notices such as Default Notices are a pre-condition to enforcement of a credit agreement, this means that without said notice being served enforcement action will not be permitted by the courts.

 

Come back, Roger - over

 

Kind Regards

 

The Mould

[The Mould]

On my N244 I simply stated no DN had been received and that the Claimant had failed to supply a copy of it under a CPR 31.12 request.

 

This was Carter's reply to my request;

 

 

When was Default Judgment awarded against you?

 

Did the claimant file any response to your set aside app?

 

Kind Regards

 

The Mould

[vic synex]

Default judgement entered on 20 October 2010, no response to my set aside application and no representation at the hearing!

[The Mould]

Thank you for that vic

 

Do you think you could reply to my post #24 please. (I am not being funny, I am asking very, very politely vic)

 

Kind Regards

 

The Mould

[vic synex]

Right then vic,

 

Can you just please tell me what happened before termination ocurred on the loan agreement, did you miss any payments or were any payments to the account late?

 

I need you to be open and honest with me and please do not take any offence to this comment vic.

 

Can you also grab the CCA copy the claimant supplied you with and read through it and find the contratural term thereof that the claimant pleads you are in breach of and post up said term please.

 

Recent case law Judgment handed down this week (Mon 28 Feb 2011) provides an authority for you to rely upon in respect of the Default Notice, said Judgment has held that Statutory Notices such as Default Notices are a pre-condition to enforcement of a credit agreement, this means that without said notice being served enforcement action will not be permitted by the courts.

 

Come back, Roger - over

 

Kind Regards

 

The Mould

 

TM, I'm looking at the CCA now, Carter has sent a copy of my T&C from when I took the card out and a "current set which I've never seen before. This one mentions Citi Group as the creditor.

The only term I can find is they will ask for the full amount if I repeatedly fail to comply with my obligations, die or become bankrupt!

 

I was a slightly naughty boy and was late for a few payments and went over limit a couple of times.

[The Mould]

TM, I'm looking at the CCA now, Carter has sent a copy of my T&C from when I took the card out and a "current set which I've never seen before. This one mentions Citi Group as the creditor.

The only term I can find is they will ask for the full amount if I repeatedly fail to comply with my obligations, die or become bankrupt!

 

I was a slightly naughty boy and was late for a few payments and went over limit a couple of times.

 

Thank you for that vic

 

Going over limit is not [a] or [the] problem. So if you repeatedly fail to comply with your obligations, they will ask for the full amount owing. So if that is the case, then they must first serve the Statutory and valid/accurate Default Notice, if you fail to remedy the breach relied upon stated therein, then they become entitled to enforce.

 

Anyway, you say that a few payments were late on the account, so you did not actually miss any payment then? How late and did you notify them that the payment was going to arrive later than the date it was due?

 

Tea and smoke and then AQ time vic.

 

Back in 10 mins.

 

Kind Regards

 

The Mould

[vic synex]

I didn't notify them, bit cavalier I know but they never showed as a late payment on my CRA file.

In my job we get paid every 4 weeks so sometimes I would wait until payday till I coughed up!

[The Mould]

I didn't notify them, bit cavalier I know but they never showed as a late payment on my CRA file.

In my job we get paid every 4 weeks so sometimes I would wait until payday till I coughed up!

 

OK vic, no problem, but what about your statements, your account statements, did they show the payments as late payment? Anyway late payments are most certainly not a fundamental breach of the contract, but can you please tell me how often were your payments late to the account and over what duration of time did this ocurr on the account.

 

Next post is the AQ, so I might not see your response to the above for a short while.

 

Kind Regards

 

The Mould

[vic synex]

Statements alway showed a late payment and a penalty charge where appropriate. I dont have my statements to hand for an exact amount of late payments unfortunately.

[The Mould]

The AQ vic

 

Pg 1:

 

Q. Have you sent a copy of this completed form to the other party(ies) - TICK YES BOX.

 

A Settlement:

 

Legal representatives - self explanatory (leave blank)

 

For all

 

1. TICK the NO BOX

 

2. Leave blank

 

3. Leave blank

 

4. State your reasons in the box below:

 

As the defendant in these proceedings I do not consider that it would be appropriate to discuss the claim with the claimant with a view to try and settle the dispute because it is my assertion that the claimant holds no right under any enactment or any right at common law to have me held legally responsible for his own wrongdoing, further, whatever his quarrel is, he has yet to put his claim and the cause of action thereof to me and so I have no knowledge of just what is his foundation to his claim.

 

Pg 2:

 

B (should be automatically transfered to your local court)

 

C. Leave blank

 

D. Put the amount that is in dispute in said box

 

Applications - TICK the YES BOX

 

Set aside application

 

Witnessess

 

Put your name in said box.

 

Back in a few mins.

 

Kind Regards

 

The Mould

[The Mould]

Back again vic

 

Carry on with AQ in a minuet.

 

You need to dig those statements out so that you can establish the duration of your late payments to the account, i.e was it over a consecutive period of time or was their a particular patten to the circumstances of late payments - how often?

 

Also, did Egg Terminate the agreement/contract after you had made a request for a copy of said agreement/contract?

 

Kind Regards

 

The Mould

[vic synex]

TM, late payments were spread over a couple of years, no pattern just as my finances dictated.

 

Egg terminated the use of my card first, along with thousands of others then terminated the account after my s78 request.

[The Mould]

OK, back to AQ

 

Pg 3

 

Experts - Leave blank

 

Track

 

(the claimant wants his claim to remain in the small claims) - Leave blank (for now anyway)

 

Pg 4

 

E Trial or final hearing

 

Q. How long do you estimate the trial or final hearing will take? - Leave blank

 

Q. Are there any days when you, an expert or an essential witness will not be able to attend court for the trial or final hearing? - If there are any days when you will not be able to attend vic, then put them in the box.

 

F Proposed directions

 

TICK the first box YES

 

TICK the second box NO

 

(I shall draft your proposed directions on the morrow vic)

 

G Costs - Leave blank

 

H Fee - Leave blank

 

Pg 5 (final page)

 

I Other information

 

OK , this is where you need to find those documents that you intend to rely upon, i.e; Account statements showing all payments, letter requesting copy of CCA, copy of Termination Notice etc, etc.

 

Q. Have you attached documents to this questionaire? - TICK the YES box

 

Q. Have you sent these documents to the other party(ies)? - TICK the YES box

 

Q. Is yes, when did they receive them? Put the date (morrows date, because you should serve them upon the claimant (his Solicitors) on the morrow)

 

Q. Do you intend to make any applications in the immediate future? - Leave blank

 

In the space below, set out any further information you consider will help the judge to manage the claim.

 

(In the big box, you are going to bring the Harrison v Link Financial Limited Judgment to the court's attention in respect of Statutory Notices being a pre-condition to enforcement, the claimant has not served a valid nor any Default Notice upon you, therefore as a matter of law he is not permitted to proceed or succeed with his action of enforcement. The claimant is abusing the process and therefore his claim is liable to be struck out by the court without any further notice or waste of the court's resources that have been taken up in the case management of this claim)

 

Signed Mr Vic Date this 4th day of March 2011

(Defendant)

 

Name and address details.

 

Kind Regards

 

The Mould

[The Mould]

TM, late payments were spread over a couple of years, no pattern just as my finances dictated.

 

Egg terminated the use of my card first, along with thousands of others then terminated the account after my s78 request.

 

A couple of years! Blimey, that is very good for your defence vic, I refer you back to said contractural term of the agreement/contract.

 

So you sent CCA request, Egg responded by way of Termination of the agreement/contract, is that correct to say vic?

 

Kind Regards

 

The Mould

[vic synex]

Fantastic TM, will sort relevant docs later on.

 

Many, many thanks for your time and input on this.

[vic synex]

A couple of years! Blimey, that is very good for your defence vic, I refer you back to said contractural term of the agreement/contract.

 

So you sent CCA request, Egg responded by way of Termination of the agreement/contract, is that correct to say vic?

 

Kind Regards

 

The Mould

 

Not quite, they eventually sent a copy of the CCA, about which I sent them a letter questioning it's enforceability. They failed to respond to this letter and I received the termination letter about a month later.

[The Mould]

Fantastic TM, will sort relevant docs later on.

 

Many, many thanks for your time and input on this.

 

No problemo memo vic

 

Yes, dig out those doc's, I shall make some time on the morrow morning for Draft Order for Directions, you should then make copies of everything that you are filing to court and serve a copy of each item/doc upon the claimant's Solicitors.

 

Good night vic.

 

Kind Regards

 

The Mould

[The Mould]

Not quite, they eventually sent a copy of the CCA, about which I sent them a letter questioning it's enforceability. They failed to respond to this letter and I received the termination letter about a month later.

 

OK, when they Terminated, were you in arrears at that time, if yes, by how much and were you in dispute also at that time?

 

Going off-line in 5 mins vic.

 

Kind Regards

 

The Mould

[The Mould]

Good morning vic

 

Have a look at this Draft Order for Directions to see if it suits your case.

 

In the (put your local court)

Claim no. xxxxxxxxxxx

 

BETWEEN

 

EGG CLAIMANT

 

 

 

AND

 

 

 

MR VIC SYNEX DEFENDANT

 

 

 

Draft Order for Directions

 

 

　

The claimant shall within 14 days of service of this order file and serve the following:

 

1. Copy of the Credit Agreement executed pursuant to the Consumer Credit Act 1974 (as amended) and all subsequent Regulations thereof (as amended) that he intends to rely upon in these proceedings, the original Credit Agreement to be produced at the Trial or final hearing.

 

2. Copies of all statements of the account upon which his claim relates, from the date the agreement relied upon was concluded between the two parties to the date of termination thereof.

 

3 .Copies of all Statutory Notices served upon the Defendant pursuant to said act and said regulations that have been issued prior to commencement of these proceedings, originals of said notices to be produced at the Trial or final hearing.

 

4. Copy of documentary evidence that substantiates Proof of service of all Statutory Notices served upon the Defendant.

 

5. Copy of any other document(s) relied upon in support of his claim.

 

In Default of this order or any part thereof, the claimant’s claim be struck out without any further order or notice.

 

The defendant shall within 14 days thereafter file and serve the following:

 

1. His sufficiently particularized amended response/defence to the statement(s) and document(s) supplied by the claimant in the form of his signed Statement of Truth and copies of any documents he intends to rely upon in these proceedings.

 

Costs be awarded to the Defendant for time spent preparing and filing/serving his response to the claim.

　

Kind Regards

 

The Mould

　

Edited March 4, 2011 by The Mould
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