Egg finance taken over by Cabot and trying to get CCJ

[spamheed]

What is a default judgement? And how would they have managed this inside the response time in effect? It was only someone who answers the phone at Northampton who spoke to her manager that said I could email my response in and "she wasn't promising anything" but the court list was downloaded after 1600hrs ready for the next day. Mondays list i assume is uploaded on Friday. For this reason i may have technically been out of time but in reality due to process in time. All hypothetical ofc.

 

I know that when I posted online, I had to phone up afterwards and found that there had been a hiccup with their system. there are two systems and they sometimes go out of sync - nice to know when you're dealing with something like this.

 

did you print out the acknowledgement?

 

I was told that this on its own would be sufficient to prevent a judgement by default

Edited December 21, 2010 by spamheed

[Guest]

so as stated in post #7 then.

 

? well not quite. 'cause i think you were saying in #7 that stat. interest is not claimable because it has to be provided for in the agreement? which is not the case. contractual interest from cause has to be provided for in the agreement. stat. interest doesn't. if s69 (4) applies, then there is no stat. interest. the 'other' interest would apply. but, generally, there is no 'other' interest from cause!

imo

[spamheed]

The claimant is claiming

interest

for which they have no valid legal claim.

It is stated in S69 County

Courts Act (4) that

“Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs”.

As they have not provided a copy of the agreement(s) and applicable

terms and conditions

, it cannot be certain that the T&C allow for interest to be applied after the termination of the account, you might want to include the following

"The claimant have provided no evidence of any provision within the

terms and conditions

of either account which would allow such interest to be applied after the termination of either account. The claimant has no grounds to claim interest under s69

county court

Act 1984

.

 

Everything must be in writing, all proofs of posting and proofs of delivery retained, sign nothing!!!

 

no what was stated was,

 

They have not provided any terms or conditions and as such, it hasn't been proven that interest is applicable under the terms of the agreement and equally the opposite is also true as it hasn't been disproven that interest is applicable under the terms of the agreement. until this is clarified s69 cannot be claimed

[Guest]

yes, it can be 'claimed'! agreed, whether it will be awarded or not will depend on s69(4), the rules, and whether it is pleaded correctly or not, and the J's discretion. but, in practice, it is rare for contractual interest from 'cause of action' to be provided for. i see what you mean though. but, the inference in your post #7 quote was that stat int. could not be claimed if it was not provided for in the TC's! if it was the converse, then s69(4) would not be in issue! as conceded in your request for case law. maybe some crossed wires! lets leave it there?

imo.

Edited December 22, 2010 by Ford
typ

[the_shadow]

I have been looking for a thread pt2537 did on Egg agreements, but it seems to have disappeared...

 

Not necessarily, but there have been lots of problems with Egg agreements in the past.

 

Hi DB, if your'e referring to the thread over slater vs Egg case then I dont think it'll help, I believe it was lost... as for the thread i believe it was closed after getting very heated arguments within.

 

S.

[spamheed]

As with everything with Cabot, they need to be made to disclose in full, without disclosure how can onyone possibly defend anything, or indeed decide whether they are entitled to "claim" for anything including interest

[DonkeyB]

Hi DB, if your'e referring to the thread over slater vs Egg case then I dont think it'll help, I believe it was lost... as for the thread i believe it was closed after getting very heated arguments within.

 

S.

 

Thanks shadow.

[poundster]

hi guys, anyone, had confirmation from court that i have until 3rd Jan. Do i send paper CPR paper work to crapbot, morons or the court or all 3?

[AndyOrch]

The Claimants Sols named on the summons.

 

Andy

[poundster]

Thank you Andy, On way to post office now to do guaranteed delivery with signature.

[poundster]

Should i be sending a CPR 18 request now also? and to who?

[spamheed]

All requests for information (CPR 31.14 or CPR18) should go to the claimants solicitors named on the summons

 

CPR 18 should be sent to request information not specifically mentioned or referred to in the POC

[DonkeyB]

All requests for information (CPR 31.14 or CPR18) should go to the claimants solicitors named on the summons

 

CPR 18 should be sent to request information not specifically mentioned or referred to in the POC

 

So you could use CPR 18 to ask about the credit agreement and whether it exists and the form it takes.

[poundster]

Dear Sir,

 

Re: Cabot Financial (UK) Limited v xxxxxx Case No:xxxxx

CPR 31.14 Request

 

On xxxxxxxxx I received the Claim Form in this case issued by you out of the Northampton 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 followingdocument(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 assignment.

 

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

xxxxxxx

[poundster]

Above is the letter I sent to Morons. Is this incorrect given i have used a template that laboured the point of the CCA and point 2. being the Assignment?

 

Should I do I need to do a separate CRP18. Sorry for being so thick, this really is all new to me and the ability to retain the vast info in the varies threads seems to be beyond me.

[the_shadow]

So you could use CPR 18 to ask about the credit agreement and whether it exists and the form it takes.

 

Absolutely and CPR18 responses must be accompanied by a statement of truth declaration thus becoming an affadavit, you can use CPR 31.14 to request all documents disclosed in affadavits as well as PoC's.

 

S.

[poundster]

Thank you Shadow, I note your vast amount of good work on here!! can u look at post 39 please, it is a copy of the letter i sent today with personal removed. Is this going to cut the mustard?? and do you have a link to suitable CPR 18 request please? equally I have to respond with a defence by Jan 3rd and CPR 18 has 14 day window for response so i would in effect be out of time wouldn't I?

 

Oh and I put a cheque for £1 in with the letter, is this correct?? Wife signature so don't panic.

Edited December 22, 2010 by poundster

[poundster]

How much do i need to send with the CPR 18?

[DonkeyB]

Nothing! But you would have to pay their reasonable copying costs.

[poundster]

TY will get that off to Morons now.

[DonkeyB]

Have you read this thread? May be worth it so you understand what you are doing and why you are doing it.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

[poundster]

Worth a try, can some one let me know if this is ok for CPR 18? I think i may have dropped the ball in my CPR 31.14 as i asked for the CCA and it isnt mentioned in the POC.

 

 

Dear Sir/Madam,

 

Request Under Civil Procedure Rules Part 18

 

I have received the Court claim filed by your Company, Claim No XXXXX. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This letter supersedes any previous requests. The information must be furnished by the 29th December 2010, which gives you Seven days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information within the next seven days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

[DonkeyB]

Not sure you can be that specific with Part 18 to ask for the agreement. What you can do –*I think – is ask questions about the agreement, such as is there one, what is its content, were T&Cs which complied with CCA 1974 embodied, and so on.

 

The obvious way for them to answer would be to produce the agreement.

 

Then, at AQ stage, depending on their answers, use your directions to ask the court for an order to make them produce the actual agreement.

 

CRP 18 is about information and clarification, not producing documents.

 

That’s my take on it, anyway.

[poundster]

TY DonkeyB, I think this is more than i can take on to be honest with you. If either of my posts, #39 and 47 will do anything I fear it will only make things worse now. Should just hold up hands and get court to set affordable payments even when i don't believe they have followed the laws of this country.

 

Thank you to all that gave time to help all the same.

[the_shadow]

TY DonkeyB, I think this is more than i can take on to be honest with you. If either of my posts, #39 and 47 will do anything I fear it will only make things worse now. Should just hold up hands and get court to set affordable payments even when i don't believe they have followed the laws of this country.

 

Thank you to all that gave time to help all the same.

 

Thats a pity.

 

The thread that DB posted should explain the differences between CPR 31.14 and CPR18 and their uses, I'm afraid its just something that has to be known to work the system.

 

S.