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Arrows/Reston claimform - old egg loan


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Arrows/Reston claimform - old loan

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hello I tried to login to MCOL but i cannot log in now to my the claim it says error

 

anyway it is ok now i just have logged in

 

Hello any help where can i find these forms thanks again

 

Form N9 (acknowledgement of Service), form N9A (admission form) and N9B (defence and counterclaim form).

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Hello any help where can i find these forms thanks again

 

Form N9 (acknowledgement of Service), form N9A (admission form) and N9B (defence and counterclaim form).

 

Hello there. Your posts are minutes apart, but hopefully people will be along this evening to help you.

 

HB

Illegitimi non carborundum

 

 

 

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MCOL often has issues that last a few hours

 

anyway, you don't need those forms

you can email it if MCOL is still down when the time comes

 

you need to find a defence

and post it up here

and well check it.

 

forget mcol for now

do your defence

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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would this be ok

 

 

1.The claimant claim payments of overdue balance from the defendant under a contract between the defendant and Egglink3.gif dated on pr about feb 16, 2007 and assigned to the claimant on Nov. 30, 2015 Particulars a/c no ...........

 

Date 26/07/2016

Item default balance

Value 4580.14

Post refri Cr. Nil

total 4580.14

 

 

Defence

 

The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Egg. It is denied that I am indebted for the alleged balance claimed.

 

2. Paragraph 2 is denied. I am not aware or ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

 

Any alleged amount claimed could only consist substantially of default penalties/charges levied on the account for alleged late, rejected or over limit payments.

The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair termsicon in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

The claimant is also put to strict proof to:-.

 

(a) Provide a copy agreement along with the Terms and conditions at inception that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated 26th of September 2016 namely the Agreement, Notice of assignment, The default notice, The termination notice and statement of account

 

The Claimant has returned my letter telling me to ensure all documentation is signed failing they will not acknowledge receipt and nor provide any response.

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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I've inserted their POC in red

you need to align to that.

 

 

not sure the charges/fee sentence needs to be there?

that's for an overdraft defence not for a loan

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Amended Defence

 

The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

It is admitted with regards to the Defendant once having had banking facilities with the original creditor Egg. It is denied and I am not aware or ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

Any alleged amount claimed could only consist substantially of default penalties/charges levied on the account for alleged late, rejected or over limit payments.

The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair termsicon in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

The claimant is also put to strict proof to:-.

(a) Provide a copy agreement along with the Terms and conditions at inception that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(d) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated 26th of September 2016 namely the Agreement, Notice of assignment, The default notice, The termination notice and statement of account

The Claimant has returned my letter telling me to ensure all documentation is signed failing they will not acknowledge receipt and nor provide any response.

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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post 23 here.

http://www.consumeractiongroup.co.uk/forum/showthread.php?457192-Arrows-restons-claimform-EGG-Loan-debt-poss-SB-d

 

drop your charges sentence

 

Any alleged amount claimed could only consist substantially of default penalties/charges levied on the account for alleged late, rejected or over limit payments.

The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair termsicon in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

How about this one

 

1.The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted and accepted. I have in the past had financial dealings with Egg. I do not recall the precise details or agreement and have sought verification from the claimant who has not responded to my request for further information.

 

3. Paragraph 2 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in Nov. 30, 2015 by either the claimant or Egg.

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant;

the Claimant has failed to provide any evidence of credit agreement/assignment/balance/breach requested by CPR 31.14, and remains in default of my section 77 request, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant’s particulars to establish what the claim is for.

To date the Claimant has failed to comply to my section 77 request and their solicitors, Restons has returned my letter telling me to ensure all documentation is signed failing they will not acknowledge receipt and nor provide any response.

 

6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer crediticon Act 1974.

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

will this be ok now the send

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looks ok to me.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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just the defence

is MCOL back up now then?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

you should get an acknowledgement MCOL have it

the clock now ticks

they have 28days .

else it gets auto stayed

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 3 weeks later...

Hello again I am back

 

I just received a letter from Reston today

 

We note you have recently filed a Defense to the court proceedings issued against you.

 

We would point out that the claim was issued via a county court business centre which is a procedure specifically provided for in the CPR.

This procedure only allows a Claimant to insert a brief details of the claim and does not allow for the attachment of any enclosure.

 

 

Paragraph 5.2A of Practice direction 7E specifically states the requirement in paragraph 7.3 of practice direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particular of claim are served separately in accordance with paragrapoh 5.2 of this practice direction.

 

In any event, although we believe the particulars of claim contained enough information for you to understand exactly what this matter relates to, we believe that you are aware of what this matter relates to prior to legal proceedings being issued, as you called our firm on 31 August 2016 and made it known that you were intending to offer payment at the rate of around 150 pounds per month.

 

For the benefit of the clarity however and by the way of explanation, Arrow global limited is a debt purchaser.

We would advise that this is a simple debt recovery action and the relevant facts are as follows.

 

1. The outstanding balance referred to in the particulars of the claim relates to a loan facility with account number xxx. Our client's record indicate that the original credit agreement was dated on about 16/02/2007

 

2. Egg should have sent Statement of account to you on annual basis during the lifetime of the account. Such statements will have identified any payments made towards the account and the application of any contractual interest/charges.

 

3. You failed to maintain the contractual monthly payments as required by the credit agreement and accordingly egg terminated the credit agreement;

 

4. In line with the terms and condition of the credit agreement, the original creditor had a contractual right of assignment.

In other words, Egg was entitled to transfer their rights and benefits under the credit agreement to a third party and that right was exercised on 30/11/2015.

 

 

Around the assignment you should have received a letter from the original creditor advising you that the account had been assigned to a third party and you should have received a notice of assignment from arrow global limited.

 

Furthermore, this firm was instructed on 26/07.2016 and a letter before action was sent to you in compliance with the practice of direction - Pre-action conducts and protocols.

 

Our firm did received a request for documents under CPR 31.14, however this request was unsigned and returned o you.

In any event we wish to point out that CPR 31.14 allows a party to request documentation mentioned within a statement of case. The statement of case in this instance is the particulars of claim.

 

 

As such we suggest you review the claim form issued to you as there is no mention of a notice of assignment, default notice, termination of notice or statement of account with you, as you appear to believe to be the case.

 

We are also unaware of any properly constituted request having been made pursuant to S77/78 of the consumer act 1974.

Please therefore provide us with evidence that a valid request has been made to the creditor and that the appropriate statutory fee has been paid.

 

 

In any event we respectfully point out that even if a valid request has been made non-compliance with such request only renders the account unenforceable until such time that the request has been complied with.

It does not mean that the claimant is unable to recover the debt indefinitely.

 

In light of the above we respectfully suggest you check you own personal record as all relevant documentation has previously been provided to you throughout the lifetime of your account.

 

In view of the information set out in this letter, we do not believe your defense has any real prospect of the success and we will therefore recommend to our client that an application be made to strike out the defense and to enter judgement against you for the full amount to be claimed, together with the legal fees and cost. Should you wish to avoid these further cost being incurred then we invite you to withdraw your defense by completing the enclosed form N9A and returning it to this office within 14 days.

 

Any advise!!!!

Edited by honeybee13
Account number removed.
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if you go read other reston claim threads

you will see that's a std letter they send to every defendant in order to unsettle and intimidate them.

 

 

safe to ignore

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

They have issued a claim.

You have responded with a defence.

Next move is theirs if they wish to continue.

They are playing "who blinks first" dont let it be you.

 

If they want a pound of your flesh then you make them work for it.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

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  • 2 weeks later...

Hello again

 

I just want to now what happen next I haven't received anything from the court only that letter from reston and it is more than 28 days now since i sent my defense

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already answered in post 73

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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