Arrow/RestonsClaimform - Old Egg Loan - CCJ - Now AOE request

[dx100uk]

the case is stayed nothing to withdraw

 

next move is their's should they wish to pay and lift the stay

if they feel brave enough to proceed

 

if you wish scan up what they have sent?

upload

[barafear799]

thanks for the prompt response.

Just a quickie - I don't have access to a scanner for about a week - so will endeavour to upload the letter and credit agreement at that time.

[barafear799]

trying to upload file - struggling!!!

 

Ah - it seems to be there.

Ok - I've redacted personal info - I've also redacted some of the "numbers" - suffice to say the outstanding debt being chased is more than £11,000.

 

Looking forward to some advice - with most grateful thanks.

restons_egg_redacted.pdf

[Guest]

does that signed doc contain all of the prescribed terms.

is the alleged last payment correct?

[barafear799]

Not sure what "all of the prescribed terms" are.

The final payment of £11.75 does seem to be correct.

As I said in a previous post, I had an old Standing order set up on an account - which I forgot to cancel and it went through one month. Albeit - even without that, my previous payment would not have been outside the SB limits.

[barafear799]

Hi, Having had a search on what the prescribed terms are,

the agreement does show the original loan amount,

also states the interest rate and the amount and number of repayments and when they were due.

 

Can anyone offer some advice please on whether or what I need to do next please?

Many thanks

[dx100uk]

where are the T&C's?

 

 

dx

[barafear799]

T&C?

Is it not just the "Loan amt", Interest rate, repayments, etc that are required?

What would the T&C be?

[dx100uk]

I though you said you'd been reading up......

 

so if we said everytime you post it costs you £10

and we want our money...and its in our T&C's...

 

you'd say...but you've not sent them to me..thats unfair...

 

dx

[barafear799]

Thank you. I guess I owe CAG about £1300 by now then.

 

Sorry - clearly my research was lacking - so does the lack of T&Cs make the debt unenforceable, as it was a pre-2007 agreement?

 

If I push it, are they likely to produce a "reconstituted or standard" set of t&cs?

 

Many thanks for your guidance.

[Guest]

this is the 'old' act, note subsections (3) (4) which are applicable to matters prior to april 07 (and have since been repealed).

http://www.legislation.gov.uk/ukpga/1974/39/section/127/enacted

 

this is the section now

http://www.legislation.gov.uk/ukpga/1974/39/section/127

[barafear799]

Long overdue follow up from me!

 

Apologies,

I haven't really fully understood what's been happening to me in this "case".

 

I received a letter dated 3rd Jan 2017 from Restons Solicitors regarding this case.

 

In the letter it stated

"We enclose by way of service a copy of our Application Notice and supporting evidence which has been filed with the Court today.

 

 

We have asked the Court to deal with the Application without a hearing as we do not consider a hearing is necessary.

 

 

Once this has been referred to a Judge, he or she should then either make an Order in the terms requested or they may decide that the application needs to be considered at a hearing.

 

 

Either way, you should receive an Order from the Court in due course which confirms the decision made."

 

As I say,

I really didn't fully understand this letter

- I probably only read half the above

- saw the bit about not needing a hearing and was "happy and relieved"

 

Attached to the letter was a whole wodge of paperwork

- re: their evidence against me

- which I only glanced over at the time.

 

Looking through the paperwork in more detail,

they have completed an N244 form asking for the following:

 

An ex-parte Order to:

 

1. Lift the stay on these proceedings.

 

2. Strike out the defence pursuant to CPR 3.4(2) of the Civil Procedure Rules on the basis that it discloses no reasonable grounds for defending the claim and/or is an abuse of the Court process; and

 

3: Enter Judgement for the sum of £xx,xxx.xx (more than £10k)

 

Alternatively if the court is not minded to deal with this application on an ex-parte basis, the Claimant seeks an Order:

 

1. To left the stay on these proceedings

 

2. To strike out the defence pursuant to CPR 3.4(2) of the CPR on the basis that it discloses no reasonable grounds for defending the claim and/or is an abuse of the Court process; or

 

3. In the alternative to (2) above, on order for Summary Judgement against the Defendant under part 24.2 of the CPR.

 

 

The defendant has no real prospect of successfully defending the claim and there is no other compelling reason why the case whould be disposed of at a trial; and

 

4. That the defendant do pay the Claimant's costs on a contractual (indemnity) basis, pursuant to CPR 44.5

 

Following on from my post above,

looking at the paperwork (it's vast),

there is a section written by Restons detailing why they feel my defence should not succeed.

 

1) The defendant does not dispute signing the Credit Agreement, being provided with a loan or the fact that the loan has not been repaid.

In fact, in paragraph 2, the defendant admits having had financial dealings with Egg in the past.

 

2) Throughout the lifetime of the account,

the Defendant would have been sent annual statements of account by the original creditor which would have recorded payments made towards the account and the application of interest etc.

 

3) The defendant does not allege he is still being pursued by the original creditor and hence there is no sensible reason for the defendant to challenge the assignment of the account.

 

 

In any event,

evidence has been exhibited which shows a notice of assignment has previously been served on the defendant, contrary to what is alleged in the defence

 

4) Info provided to my firm is that the last payment credited to the account was on 30 Nov 2012, and that a balance of £xx,xxx.xx remained outstanding at the time my firm were instructed.

This is confirmed by a screenshot exhibited as evidence in this pack.

 

5) I am unaware of any valid request being made to the creditor pursuant to S77 of the CCA 1974, but in any event, a copy of the Credit Agreement and a Statement of Account is exhibited in this witness statement.

 

6) The documents exhibited to this witness statement show that the defendant entered into a credit agreement with Egg,

Egg assigned its rights and duties under the Credit agreement,

the Defendant has been served with notice of both assignments and a balance of £xx,xxx.xx remains outstanding.

 

7) I respectfully point out to the Court that the Defence filed is in a format that is circulated on consumer-based websites whereby Defendants are encouraged to use this template in order to avoid repayment of their debts.

 

 

Although the Defendant has made numerous allegations,

it is my belief that the Defendant does not fully understand the nature of the allegations raised and is merely using the template in an attempt to frustrate these proceedings,

without any genuine belief in the allegations raised.

 

I have paraphrased some of the points above.......

 

I think I need some help in understanding some of the allegations I have made, please.

 

Moving on, following this letter,

I then received a letter from the Northampton court advising me my claim had been transferred to my local crown court.

 

I cannot find any other paperwork in between that (dated 13 Jan) and a letter I received last week giving me a court date in March (when I am actually out of the country!)

 

 

- there was some mention that I should have received something to advise on any "black out dates" - but either I didn't get or don't remember or didn't open

- I will have another look.

 

But obviously this is the situation as it stands.

 

I understand if I want/need to change dates, it might cost me a fee

- I couldn't find anywhere how much this might be.

 

Any help forthcoming on moving on with this claim would be very much appreciated

(even though clearly Restons do not appreciate these consumer-based websites helping people avoid paying their debts).

 

Thank you.

[dx100uk]

scan up what they have sent please

[barafear799]

scan up what they have sent please

 

Thanks DX. It is a very, very long pack they have submitted. I will give it a whirl. May take a while to redact, if I can remember how. Cheers.

[dx100uk]

the two letters sound like they are std rectums template replies with your bit added

we've seen them before

 

 

so all we really need to see is

the CCA return [ signed agreement & T&C's]

the default notice

letter of assignment

statement

[barafear799]

Hi, Scanned the first 15 pages before I read your response above - so will now look into scanning what you've asked for above - but here goes for this one that I have scanned.

 

struggling to upload my file.

I follow the help guide - I manage to browse my computer,

find the file and then the only option I have on the "manage documents" page is "close window" - when I click that, it disappears and I'm left with an empty message......any tips please?

 

another try?

 

Aha.....it seems to have worked.

 

and a bit more (including a rebuking letter re: my unsigned letter, which the man from Arrow also left unsigned!)

 

Any assistance much appreciated.

 

I will attempt to dig out any letters regarding the court date at my local court in 5 weeks

(a date which I am unable to make)

- did anyone know what the fee is for me to change this date?

 

ok, here goes:

court papers_2_ Mar 17_redacted.pdf

possible court case Mar_17_redacted.pdf

[dx100uk]

oh and I like the way they complain that your defence is a template document available from website to get out of paying..

 

 

just iike their documents then...

 

 

here exactly what you have just gotten from them word for word

post 43

http://www.consumeractiongroup.co.uk/forum/showthread.php?469544-469544&p=4990635#post4990635

[barafear799]

Any views on what I need/should be doing (other than reading up on similar cases/same solicitors etc.)

How do I go about changing court date?

[Guest]

and a letter I received last week giving me a court date in March (when I am actually out of the country!)

it looks like the court has decided on a hearing re the claimants application rather than without as the claimant wanted.

what are the courts directions, can you post them up.

[barafear799]

So, on 13 Jan 2017, I received a short letter stating:

 

To all parties,

 

This claim has been transferred to the County Court at ****** (my home town) for that court to hear the claimant's application for summary judgement,

 

That court will send you and the other parties notice of the time, date and place of hearing.

[barafear799]

Then, on 26 Jan 2017, another letter stating:

 

The hearing of the claimant's application for Lifting the stay, strike out the defence and enter judgement (see copy attached) will take place at hh:hh on xx Mar 2017 at the County Court, ********.

[Guest]

- there was some mention that I should have received something to advise on any "black out dates" - but either I didn't get or don't remember or didn't open

- I will have another look.

what is this about, did you have 'another look'

 

anyway, if you cant make the date, and want to attend, then wld have to adjourn/relist it. whether you may be able to do that without fee...?

[barafear799]

I couldn't find a letter asking me to fill in suitable dates for a possible court date. Given the two letters above are only 13 days apart, it seems unlikely one came. I think I Googled how to change a court date and read that I should have had a letter requesting black out dates?

Does anyone know about the fee or avoiding it?

Also, some advice about what I should be doing in terms of my upcoming date?

There was some mention the loan agreement they sent did not have the prescribed t&c attached? Can someone confirm whether I could argue this point in court?

Thank you.

[Guest]

cld give the court a discreet call re not being able to attend (usually a 'good reason' is required. being pre booked away shld suffice), see whether they can do it administratively without application (fee).

check with the guys first though.

[barafear799]

Tried to call court. It's just a "general" call centre - so no "discretion" available.

Was told that if I could get the consent of the claimant, I could apply for a consent order to change the date, at a cost of £100!!!

Without their consent, £250!!!

 

So that's a no-goer for me I'm afraid.

 

So, I'm left with providing written evidence in my absence, and probably resigned to the fact that Arrow will send a local solicitor and win the case.

 

Any assistance please?