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    • thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
    • Which Court have you received the claim from ? Civil National Business Centre Name of the Claimant ? JC INTERNATIONAL AQUISITION How many defendant's  joint or self ? Self Date of issue – 22 May 2024  Particulars of Claim What is the claim for – 1. The def owes the claimant £300 in respect of gas and electricity charges supplied by OVO. 2. Debt was assigned to the claimant with notice given to the def. 3. Despite formal demand the def has failed to pay the debt and the claimant claims £300 and further claims interest pursuant to s69 of the CCA 1984. What is the total value of the claim? £385 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Energy debt When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Moved home and they were the current energy supplier  Is the debt showing on your credit reference files (Experian/Equifax/Etc...) ? No Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt assigned to JC International Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure probably  Did you receive a Default Notice from the original creditor? Again can't remember but probably  Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Changed supplier What was the date of your last payment? Never  Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
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Egg - its no yoke


Mozz1
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yes...yuo mean the letter I sent by post in 2005 and never got a reply to? ;)

 

That must be the one! Actually, no need to be specific to CrapQuest, as they should never have beem gievn a prior dispute with OC debt anyway, so tell Anne McShame to keep her greasy hands off your wallet.

 

I told her that she should make payments back to me-I had made some token paymentsd.

 

I even offered to call her on her mobile or at home, or arrange a doorstep visit, just like she had offered me when he tried to "help".

 

For some reson she took offence. Funny how she could sh** out but not take it back.

 

I was only trying to help her after she had been caught with her fingerse in the till trying llegally collect on a debt set aside by the county court..

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Out of interest I received this snotty email from Trading Standards about CapQuest's antics:

 

"Dear Mr XX,

 

"Consumer Direct have forwarded your email concerning CapQuest Debt Recovery to us together with your copy correspondence.

 

"I note your comments regarding the response you have received from CapQuest however I would advise that the duty to give information under S77-S79 of the Consumer Credit Act has been under debate for some time and this is currently the subject of consultation by the OFT for clarification. A copy of their consultation document can be found at Guidance on unenforceable agreements - The Office of Fair Trading

 

"I note that you have already been making voluntary payments and you wish to deal with this matter [er, no that's why I involved you!! doh!]

 

"As the OFT have not yet published their final guidance and clarification on the legislation it would be advisable to contact Egg directly (if you have not already done so) for a copy of your executed agreement using the information provided by CapQuest in their letter to enable this matter to be resolved."

Mozzone

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If the agreement is properly executed and compliant (which it appears to be ) then you cannot keep the account "in dispute".

 

You will need to start negotiating with the creditor to agree to a repayment schedule that you can afford.

 

Egg are normally pretty good at accepting reduced payments.

 

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Thanks for replying.

 

Looks like my Egg struggle's at an end then:(

 

The only thing I was unsure about was whether there should have been a multiple agreement in 2005 as they used part of the loan to settle an older loan?

Mozzone

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If the agreement is properly executed and compliant (which it appears to be ) then you cannot keep the account "in dispute".

 

You will need to start negotiating with the creditor to agree to a repayment schedule that you can afford.

 

Egg are normally pretty good at accepting reduced payments.

 

Supasnooper I beg to differ over your final paragraph.

Nothing against you personally, imo they are nothing but a bunch of cowboys who want it all on their grounds.

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Mozzi, if you had a loan in 2004 that was paid off by the loan in 2005 I think that should be a multiple agreement. I mean, if Egg used the money to repay some or all of their loan.

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Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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I think Mozzi's given up hope. Can't blame him either. What's stopping Egg from faking an agreement anyway? Are all other 2005 Egg loan agreements 100% valid?

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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I never found Egg good at accepting reduced payments. They have certainly changed since they were taken over by sh*ti bank in 2005

 

 

When the paperwork goes before a District Judge the £1 or whatever was offered will just be rubber stamped anyway, I have not refused to provide an income and expenditure statement to someone entitled to see it, just that Egg seem to believe that customers have " an obligation " to provide Egg with one.

If Egg want to take matters all the way who am I to stand in the way?

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  • 3 weeks later...

capquest have returned the account to egg. egg haven't replied to my complaint. account is still in dispute depsite valid agreement (!) and am using multiple agreement argument like TDS to see if they have an enforceable agreement plus possible mi-selling of the second loan. will see what happenz...

Mozzone

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the multiple agreement argument is complicated

sure is Eb. Not sure anyone on this site thoroughly understands how to make that argument. looking at other threads it seems that the courts have made statute irrelevant :(

Mozzone

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Egg just won't engage or reply to my letetrs at all. have now complaied to their top complaints bod and hear nowt.

Have written to fos and ico now.

Mozzone

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If they don't reply, send a letter giving your deadline for them to reply. State that if they do not, you will presume they are not challenging your assertions (no valid CCA or whatever). Be polite, give reasonable deadlines (14 working days from receipt of the letter, say), send it recorded or special delivery, and remind them to send their reply recorded or special delivery. When the deadline has expired and they haven't written to you, then do the same to get your credit record cleared. If they don't respond, then complain to the FOS. Force them by being reasonable and demanding a response.

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