Bryan Carter - advice needed asap please

[RobinWayRobinme]

Yes, good idea to post up copy of agreement with personal info taken out. If you also list the relevant points that you consider can be included in your defence it will recap what has already been said and then go forward from there. It will be a while before this gets to court, are you likely to be well enough in the future to attend court as LiP as I had a similar situation with my wife and it proved very difficult as we couldn't afford a solicitor, without which she had to attend although I was allowed to speak for her.

R

[foolishgirl]

However, if I count 14 days from when he sent the docs, it is a week later than the 17 Septermber, so he is counting on me not getting the docs in before 17th IMHO..

 

Glad to see you're watching your back annubis!

 

Re. your defence, what exactly have you got in the way of docs? Agreement, DN, termination letter???

 

Can you post up asap & we can pitch in & help you get this in on time.

[Annubis]

Okay I spent the last couple of hours scanning and I have uploaded for you to download here

 

 

 

It's in .pdf format and is guaranteed virus free (I use a Mac)

 

Thanks again

 

PS I need to rest now for a couple of hours or so but will be back later to see if anyone has kindly responded.

Edited September 13, 2010 by Annubis

[foolishgirl]

Not forgotten you - will look at file later & drop back

[foolishgirl]

Your file contains just the agreement which looks typical Egg.

 

So now to formulate your defence:

1. Is the sum on the POC for the total balance on your account? (seems from other posts that BC are back to their tricks of splitting claims so you need to know where you stand)

 

2. Did you send for a SAR?

If so, did you ask for the DN & termination letter as part of that request?

 

3. Have you found any default notice in your records? If so, can you post it up please?

[Annubis]

The sum on that agreement from egg that they sent me is what I owe egg, then BC has added more on and is claiming for more than that agreement states, he says they are costs.

 

I did send for SAR but not heard anything back. I didn't ask for termination letter I don't think.

 

I will see if I can find default notice for you.

[citizenB]

The documents seem to have disappeared !

[Annubis]

Here are the only two letters I can find

 

 

http://img685.imageshack.us/f/default2f.jpg/

 

Thanks for your wonderful help so far. I have never done a defence before so I have no idea what to put. I have until the 17th to get it to them.

Edited September 13, 2010 by citizenB

[Annubis]

Hi Citizen, I am so sorry about the disappearing document, only I could not take my personal information out the pdf file Basically all it is is just an egg agreement, if you really want it then I will link you privately.

[citizenB]

aggghh.. I have unapproved the post with your documents in.. you have left the account number on.

[Annubis]

Ohhh I am sorry, I am having a bad day today and in tears at th emoment. I haven't slept all night again due to my condition and I am just about worn down. I will amend.

[citizenB]

Dont worry, I have done it for you. Just click on the image for a larger view, people

 

There are still 2 links there. One is a thumbnail and the other was ok, so have left that.

 

I think you should take an hour or so off.. sit down with a cup of tea and relax. Easy said I know but you dont want to make yourself ill over this.

 

(()))

[foolishgirl]

The sum on that agreement from egg that they sent me is what I owe egg, then BC has added more on and is claiming for more than that agreement states, he says they are costs.

 

What sum on the agreement? It's a credit card, there shouldn't be a sum on the agreement unless you mean the credit limit.

 

And even if you were up to the limit when the account was terminated, haven't you paid something off that total?

 

BTW, he is entitled to add the cost of the court fee & a reasonable sum for the paperwork etc. to the claim. If it's a huge amount, it needs querying in your defence.

 

I did send for SAR but not heard anything back. I didn't ask for termination letter I don't think.

 

They have 40 days to produce the info from a SAR. Did you keep a copy & also send rec. del?

Did you ask for statements as part of that request? When you receive them you may then know better if the sum BC is claiming is correct.

I will see if I can find default notice for you.

 

Be great if you can find it.

 

 

FG

[Annubis]

Hi,

 

Here are the two documents again that I found sorry

 

http://img810.imageshack.us/f/default1.jpg/

http://img267.imageshack.us/f/default2f.jpg/

 

Sorry I am useless, I meant balance, not agreement sorry. Those are the only two letters I can find that resemble some form of default notice.

[citizenB]

Back in an hour.

 

Ok, before I go and eat.. I see he has added £165.00 as costs so far.

 

Will have a read over the thread again after dinner

[foolishgirl]

I have never done a defence before so I have no idea what to put. I have until the 17th to get it to them.

 

Ohhh I am sorry, I am having a bad day today and in tears at th emoment. I haven't slept all night again due to my condition and I am just about worn down. I will amend.

 

Don't stress about this. The defence is easy as you don't have many docs at the moment. As long as we have something posted up for you by the 16th, you should make the court by Spec Del by the 17th or you can file online.

[Annubis]

I can file my defence online? That would be much better for me given my situation.

[foolishgirl]

Those are the only two letters I can find that resemble some form of default notice.

 

These are not default notices so looks like you may not have received one.

The first of these is a LBA, the second is telling you they have filed proceedings.

 

So that CAGers can check your agreement details, can you use imageshack to post the first 2 pages of your agreement please annubis? (the one headed Egg Credit Card Agreement & the following page) The rest of it is standard T&Cs & not really relevant at the moment.

[Annubis]

Hi, here are the two pages you requested, if these are not correct, please let me know thanks.

 

http://img69.imageshack.us/f/forumegg.jpg/

http://img838.imageshack.us/f/forum2g.jpg/

[foolishgirl]

Those are the ones!

[citizenB]

Annubis, on the claim form, is EGG named as the claimant ? I see in an earlier post that you believed that this account had been assigned to Frederickson at some point. Did they write to you and say they owned the account now ?

[foolishgirl]

I think Egg is listed as the Claimant CB (see 1st page).

 

However can you clarify your BK status please Annubis? If you are a declared bankrupt this makes a great difference as to how you defend.

[Annubis]

Hi, I am not bankrupt yet, but do intend doing so before the end of the year is out, probably within the next couple of months or so. This will be a definite.

[Annubis]

I am confused about the situation between Frederickson and Egg - according to Egg, Frederickson are their collectors, and BC is a part of Frederickson.

[foolishgirl]

OK, so BK is off the cards for the moment.

 

My suggestion for a defence is as follows. Input from anyone else welcome. You must read it through very carefully before you submit Annubis to make sure it reflects the facts accurately. (xxx indicate where you need to complete with personal details)

 

In the Northampton County Court

Claim number xxxxxxxxx

 

 

Between

 

Egg Banking plc - Claimant

and

xxxxxx - Defendant

 

 

1. I xxxxx am the Defendant in this action & I am a Litigant in Person.

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimant’s Particulars of Claim and put the Claimant to strict proof thereof.

 

3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

(a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or preceding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method by which the Claimant calculated any outstanding sums due, the details of any default notices issued or any other matters necessary to substantiate the Claimant's claim.

 

b) A copy of the purported written agreement that the Claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served

4. On xxxx the Defendant submitted a request under CPR31.14 for a copy of the agreement. She also submitted to the Claimant a Subject Access Request under the Data Protection Act 1985, requesting a copy of any default notice issued by the Claimant & statements of account from commencement of the account to date.

5. In response to this request the Claimant has only supplied a copy of the agreement dated 30/10/01 & a copy of some terms & conditions.

6. The Claimant has failed to provide a complete statement of account, neither have they provided a method or statement as to how the sum claimed has been calculated

7. The Defendant denies receipt of a Default Notice(s) & puts the Claimant to strict proof of service of such.

8. Under Section 87 of the Consumer Credit Act 1974 (The Act) the creditor must deliver a Default Notice that complies with all of the requirements of Section 88 of the Act and of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 before the Claimant will become entitled to make any demand for early payment.

The Defendant refers to the judgment of Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998 where, in the Court of Appeal, the court addressed in some detail the issue of the contents of a default notice & concluded that should the notice fail to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) it would render the default notice invalid.

9. Service of a default notice is a statutory requirement as laid out in Sections 87, 88 and 89 of the Consumer Credit Act 1974. Section 87 makes it clear that a Default Notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. Therefore without proof that a valid default notice was properly served on the Defendant, it is suggested that the Claimant's case falls flat and cannot proceed. To do so would clearly be contrary to the Consumer Credit Act 1974.

 

10. The claimant seeks to claim interest of £xxx and also interest pursuant to Section 69 of the County Courts acts 1984. The defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) Section 2 (3)(a) which sets out that this is the case where a claim is in relation to a debt regulated by the Consumer Credit Act 1974

11. The Claimant’s entitlement to payment of the sum of xxxx and to interest is denied.

Statement of Truth

I, xxxx, believe the above statement to be true and factual

 

Signed:

 

Date: