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carter 2Xclaimforms - EGG debts

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Hi,

 

I could do with some advice if possible, I have received 2 Claim forms from the court today (they are delayed due to a mail redirection), both concern Egg CCs that are not statute barred, issued by B Carter.

 

I got a notice of assignment from Barclaycard to Arrow, (originally EGG Cards) on 17 Nov 2011. I thought I had CCa'd them but cannot seem to find anything relating to it.

 

The claim states I offered to pay monthly instalments, I'm not sure this is correct , I offered to make reduced payments to Egg at the time due to my financial difficulties, but I had to stop them a year or 2 back.

 

What should I do next?

Any help would be greatly appreciated.

Edited by G2M

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Hi, I am in the same boat and have CPR 'd brycartr. not sure how to link to my thread but search egg/moorcroft/bryancarter and it should come up. I think the first thing you should do is go online and register at MCOL moneyclaim using the password on the claim form. Acknowledge the service and use something similar to my cpr letter, templates on here in the library to at least find out what they are relying on in court for their claim. If you want to file a defence then do so within the 14 days after acknowledgement and you will get another 14 days grace to prepare your defence. I am sure someone will come on with a bit more help than I can give you.

 

Regards,

M.

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Many thanks guys, from what I understand I should send them a CPR31.14, I'll have a read around to formulate a defence reply to the claims too.

 

I'm guessing I should also send Arrow a CCA request in the meantime?

 

Thanks for your help.

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Many thanks guys, from what I understand I should send them a CPR31.14, I'll have a read around to formulate a defence reply to the claims too.

 

I'm guessing I should also send Arrow a CCA request in the meantime? Absolutely

 

Thanks for your help.

 

Not sure if you hare read this:- bryan carter sent a court claim, statute barred i think? ** DISCONTINUED **

 

Andy


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Hi,

 

I received 2 claim forms from BC regarding my Egg cards, 1 Visa, 1 Mastercard, I sent a CPR 31.14 request as advised on here to get the agreement that they relied upon in the claim, I also CCA'd Arrow to get the credit agreement.

 

The problem is I have moved out of my old address (split with wife) and gave my new address on the requests and the AOS , they have written back saying they cannot provide me with either as under the Data Protection Act they cannot send it to my new address without me confirming this with them by phone or by sending in proof.

 

What is the best defence to file at the moment, as they have neither complied with my CPR request nor have they provided me with my agreement from my CCA request. Would this AC now be in dispute and if so is this the best defence to use in the meantime please?

 

Any advice would be much appreciated.

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Why do you not owe the money?

 

The best defence is a simple statement of why you say the creditor is not legally entitled to collect the debt.

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Tell them to send them to your old address then, they wont comply anyway to either address.

 

Andy


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But how would he know?

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But how would he know?

 

How would he know what?


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If they've complied by sending his post to an address he no longer lives at.

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If they've complied by sending his post to an address he no longer lives at.

 

Ask his wife to inform him or pass his mail on? They are only using the change of address as an excuse, do you think there would be a problem with the DPA if they issued the summons to the new address?


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In fairness I can absolutely see the creditor's point. What's to stop me writing to them and claiming to be him? "oh, I've changed address..."

 

Obviously there wouldn't be an issue with serving at the new address because that's where he lives :-)

 

Anyway, a bit of a side point this so I'll leave it there until the OP gets back in touch.

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do you think there would be a problem with the DPA if they issued the summons to the new address?

 

 

Not a chance!

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Thanks for the replies, I have a redirection in place, so I would get it in any case, albeit delayed. I'll put a defence in and see what happens..

 

I'll send them a copy of a bank statement too, but I need to get a defence in before they will have a chance to reply to it.

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Thanks for the replies, I have a redirection in place, so I would get it in any case, albeit delayed.:wink: I'll put a defence in and see what happens..

 

I'll send them a copy of a bank statement too,Blank out the balance and account number and sort but I need to get a defence in before they will have a chance to reply to it.

They wont reply so you must submit a basic holding defence he will soon discontinue

Andy

 

 

 


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Thanks Andy, any pointers as to where I can find info on what sort of basic holding defence to use?

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Just do a search, plenty of threads with holding defences as he never responds to anyones CCA/CPR request.


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If you could type out the P.o.C (less anything identifiable) verbatim, lets see if its identical to the other 1000 this year:roll:


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Particulars of claim

 

The claimants claim is for the balance due under an agreement which is now all due and payable.

 

The defendant agreed to pay monthly instalments under account number ******* but has failed to do so.

 

And the claimant claims the sum of ****.**

 

The claimant also claims interest thereon pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00

 

 

It is the same as all the others it seems, so a holding defence would be a better defence than the non compliance with my CCA request to Arrow, although they claim they are unable to send it due to the address issue?

 

Thanks again for your help.

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I would do a short 'get knotted' defence as follows

 

The defendant has minimal knowledge of the amount claimed by the claimant and needs strict proof thereof.

 

The claimant continues to use the defendants old address as an abuse of court process

 

A CCA request has already been sent on xxx date - and still remains unfulfilled by the claimant.

 

The claimant has a history of discontinuing clames when challenged for the paperwork, therefore a CPR request has been sent to them, as they should have had this paperwork prior to the claim NO extension to produce the required paperwork should be allowed.

 

This is a statement of truth by xxx

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Judges do not like pages of templated defences from the net, they like short, sharp factual defences now which cast doubt on the claimants claim at the beginning and do not waste the courts time (or yours for that matter).

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Yep identical to all his rest just expand slightly on SG1,s CPR etc.

 

Andy


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Thanks Andyorch, some of that was pinched from an earlier one of yours. Just need to hit him where it hurts (his moneybags rather than other parts of his anatomy!

  • Haha 1

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Thanks Andyorch, some of that was pinched from an earlier one of yours. Just need to hit him where it hurts (his moneybags rather than other parts of his anatomy!

 

 

Your welcome SG thought it looked familiar :wink:

 

Regards

 

Andy


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