Northampton CC Claim form received - can someone help please?

[flinko]

Hi all, I have received a claim from "Britannica recoveries - S.A.R.L Arrows" regarding a £2500 ish loan or credit card (cant remember which) from the early 2000s which I last made a payment on in 2006 or 2007 (I think but not sure)

 

I currently have probably around 40k debts in total of the same nature (incl one 20k business overdraft debt which I dont think im liable for anyway) but this is the 1st claim that has been made. Having read 2 similar threads (cant post them as I havent made 10 posts yet) it seems that the 1st thing to do is to send a CPR to Britannica recoveries to find out more about the debt?

 

I was hoping for these debts to eventually go statute barred since the last I had to do with any of it was over 4 years ago, but seems they are keen to recover some! I have moved back in with my mother since 2008 so any letters/notifications may still be going to my old address.

 

Is sending a CPR the right thing to do here, as in the other 2 quoted threads above? many thanks in advance.

Edited November 9, 2012 by flinko

[flinko]

Sorry for the poor format, I can't get the text to split into paragraphs for some reason!

[Guest]

? statute bar is 6 years eng and wales, 5 in the breakaway republic.

can you post up their claim details, less any identifiables.

they would prob be entitled to use last known address if not advised otherwise.

stick to all court deadlines. if defending then acknowledge, with intention to defend, within the 14 days.

cpr 31.14, 18 request may be worth doing, but is likely small claims so they may refuse on that even though it has not been tracked yet. still could be worth doing though.

is there any missold ppi involved? have you previously done a sar?

 

PS, need to find out when last payment was if was in 2006.

also, can round up claim amounts.

Edited November 10, 2012 by Ford

[flinko]

Claimant

Brittanica Recoveries SARL

 

Address for payments

Shoosmith LLP

 

1. The claimant's claim for the sum of 2423.28 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Egg (No. 128*****) and assigned to the claimant on 10/05/11, notice of which has been provided to the defendant

 

2 . The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974

 

3. The claimant claims the sum of 2423.28

 

4. C has complied, as far as is necessary with the pre-action conduct practice direction

 

I doubt I had PPI as I never took it out with anything.

I don't think i've ever done a SAR.

 

What should I do next?

[maroondevo52]

Hi,

 

Sending a Subject Access Request to Egg would let you know what type of debt it is and whether any charges could be reclaimed, should also let you know the score regarding payments made on the account.

[flinko]

Hi

 

I think Egg got sold a few years ago and accounts sold to different companies? Yorkshire Building Society maybe - im not sure, Could I not send a SAR to the people who are chasing the debt (Brittanica)? If not, how could I find out who owns the part of Egg that this claim is for (load/credit card etc)?

 

And also, do I reply anything to Northampton CC in the 1st instance?

[unclebulgaria67]

Ownership has transfered to Barclays since and there is a dedicated Egg team that deals with SAR requests etc. Yorkshire BSoc is Mortgages and savings accounts only.

 

Found this.

 

Egg credit cards were transferred to Barclaycard in November 2011. You can contact Barclaycard on 0844 811 9111 or at www.mybarclaycard.co.uk. If your card was closed before November 2011 or was not transferred to Barclaycard, please contact Canada Square Operations (formerly known as Egg Banking plc) at the following address:

Canada Square Operations

PO Box 4903

Worthing

BN99 3AR

You can acknowledge the court claim online and that you will defend in full. You have to acknowledge within 14 days and then you have a further 14 days to submit your defence. It is only when you get an allocation questionaire for a hearing that you then ask for this at your nearest county court.

You need to send two CPR letters to Brittanica

CPR 31.14 requesting any forms mentioned in the POC. e.g credit agreement, notice of assignment.

Also CPR part 18 request to ask any question pertinent to the POC.

These are two separate requests, so will need to be in two separate documents, but can be sent in the same envelope. Because the amount is less than £5k, it will be the small claims track, so they may say that these CPR requests do not apply to the Northampton bulk process, but you have a right to the information that they are using for their claim.

 

Britannica/SARL may not be able to provide the documents, so may have trouble proceeding, so it is important that you push them to provide the documents they need to provide to the court. e.g Original credit agreement or a copy of the original, default notices etc.

[unclebulgaria67]

This may help re CPR letters

 

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

[flinko]

Thank you ever so much unclebulgaria - will get on with this on Monday!

I will send a SAR to the Worthing address I think as a) im not sure if this is a card or loan and b) if it was a card then it would have been closed back in 2007-2009 I would think.

[ims21]

You might like to check your credit file...it may give you the answer as to whether this is a card or a loan

[flinko]

It seems that it was an Egg loan in this case - so the SAR should go to Barclays or Canada Square Operations?

[ims21]

I'd plump for the Canada Square Operations myself.

[flinko]

This is in the POCs..........

 

"1. The claimant's claim for the sum of 2423.28 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Egg (No. 128*****) and assigned to the claimant on 10/05/11, notice of which has been provided to the defendant".

 

Wouldn't the “(No. 128****)” after “Egg” be the account number? I mean do I still need to send a CPR part 18 to request the account number if that is the account number?

If I still need to send the CPR18 then is this worded correctly?

 

To: Britannica Recoveries S.A.R.L - Arrow (claimant) Please answer the following questions:

 

1. What date is shown as the date the Defendants account was transferred from Egg to the Claimant on the Deed of assignment?

2. What is the Egg account number shown on the Deed as being the Defendants account?...................... the formatting of the post is not following what im actually typing sorry!

Edited November 12, 2012 by Andyorch
Formatted

[flinko]

Can someone also assist with the formatting? It's putting everything I type into one looooong sentence despite the fact I am putting them into paragraphs, adding italics to quotes etc

[AndyOrch]

[flinko]

can anyone please assist me with my query in post #13?

[AndyOrch]

Only you would know if that is the account number flinko.

 

Regards

 

Andy

[flinko]

Sent a cpr 31.14 2Weeks ago giving them 7 days to respond and have had no response.

Called shoosmith and spoke to the claim handler who started that my request had been forwarded to the claimant who will be now dealing with it internally. What should I do now, proceed with n244 or allow more time? The 28 days are up next Tuesday.

[AndyOrch]

Hi flinko

 

You will have to submit a defence and on time otherwise judgment by default will apply.What was your thinking with regards to a N244 application?

 

Regards

 

Andy

[flinko]

Should I put a defence in 1st and then once time has elapsed try to get it struck off with N244? Defence based around the fact that I have had no docs sent to me to support the claim (and the particulars) and thus I don't actually know what the claim is for etc and therefore am unable to plead It was issued on the 5th so I have a week or so left until the 28 days are up (+ 5days of course)

[AndyOrch]

You cant make application for none disclosure you must defend then steer the Court to strike out for none compliance (even more so in Small Claims) They must disclose anyway further into the process otherwise their claim will fail.

 

Andy

[flinko]

Can you advise, or direct me somewhere I can find out, what I should base my defence on please if not non-disclosure? I was planning to submit it online via MCOL, seems easiest method. By the lack of response from them I can only assume they don't have any documentary evidence to back up their Particulars of claim.

[AndyOrch]

A defence simply admits or refutes the P.o.C but there has to be a dispute..reason... triable issue as to why you have defended.The none disclosure will be dealt with later in the process..as stated above there will come a point were the Claimant must disclose to verify its claim.

If the debt is simply not yours...then state that fact.If the debt is yours but you do not agree with the amount or you have reasons to mitigate their pleadings then state that and without sight of documentation to verify the amount claimed you are unable to plead effectively.

This is regarded as an holding Defence (holding the claim).

 

Regards

 

Andy

[flinko]

I can't admit or refute because I don't know and there has been no evidence provided to say what its for even, let alone anything else. I have had a credit card AND a loan in the past with Egg (not with the claimant of course) but cannot remember how they were settled, if at all. So do I enter a "unable to defend" plea or something? (until I DO get evidence of what it's for) I Don't really understand how I can admit to or defend something when I don't even know what it is for and haven't been shown any documentary evidence regarding any agreement made.

[AndyOrch]

Then submit an holding defence but draft it in a way that does not scream " this is a defence because of none disclosure " state that you are unsure of the debt and have requested information via a CPR request dated xxxxxx the claimant has refused to respond or clarify the claim and you are unable to plead with any particularity.There are plenty of examples of holding defences littered around the forum.