Glennyboy v Egg

[rory32]

They absolutely have not. How can I prove that at court?

You don't have to prove that they didn't. They have to prove that they did, which they will not be able to do. Remember the onus of proof is entirely on the claimant.

I phoned Carters this morning

Okay from now on no more phone calls to Carters or Fredrickson, everything needs to be done in writing. You need to acknowledge service of the claim against you and state that you will be defending in full. This will move the claim to your local court and give you an extra 14 days to submit a defence. I would also send the following to Carters via special delivery (give them 14 days to comply)

In the matter of

XXX vs (defendant)

Claim Number XXX

In XXX Court

Soliciters Address

DATE

YOUR ADDRESS

 

 

Dear X

 

RE: REQUEST FOR INFORMATION

 

I have received the Court claim filed by your Company. 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. The information must be furnished by the (DATE). 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.

 

IN RESPECT OF THE ALLEGED DEBT CLAIMED, I REQUIRE:

 

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of any 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 by your company, or by any previous creditor

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.

d. True copies of any deed of assignment and/or default notice 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 notice of fair use of my data as required by the Data Protection Act 1998

i. 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.

j. A copy of all account statements for the duration of the agreement.

 

 

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.

 

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.

 

Yours Sincerely,

 

 

XXX (Type, don't sign your name).

[rory32]

Please note Carters may tell you that they don't need to supply the information. If they do this don't panic. It actually plays into your hands.

[glennyboy]

Brilliant

 

Rory I can't thank you enough. I am onto it straight away. Watch this space.

[glennyboy]

Sent the letter demanding Carter supply all info as per Rory's post.

 

Filed defence stating Fredericksons have never complied with my CCA, and the fact that my previously agreed payments have gone missing ( only just discovered that, £400 missing).

 

Have now received a notice of discontinuance stating

 

Between EGG BANKING PLC Claimant

and

GLENNY BOY Defendant

NOTICE OF DISCONTINUANCE OF PROCEEDINGS

 

TAKE NOTICE, that the Claimant hereby wholly discontinues this action against the Defendant.

 

We certify that we have given Notice Of Discontinuance of proceedings to every defendant against who the Claimant desires to discontinue.

 

BRYAN CARTER

 

blah blah

 

Where do I go from here? Can they start this all over again?

 

I can't believe how this firm can cause such worry with their bullying, knowing full well they haven't got a case!!

 

Rory, thank you so so much for your help. You certainly know your stuff .

[glennyboy]

Bump

 

Can they start on me again?

[rory32]

Can they start this all over again?

Only with the permission of the court (CPR 38.7).

[spamheed]

You may wish to check out this thread and complain about BC's tactics

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/137702-updated-phoenix-nightmare-carters.html

[glennyboy]

I don't believe this. I have now had a letter from a firm called Lewis. Along with this letter was a letter from Egg saying they had now assigned the debt to them.

 

These people are now demanding full payment, despite the last Court action being wholly withdrawn !

 

Where do I stand.

[rory32]

I would write to them and inform them of your outstanding CCA request and the fact that this account has previously been to court with a discontinuance. I would also make a complaint to the OFT under the Consumer Protection from Unfair Trading Regulations 2008 and inform the DCA that you have done so.

[glennyboy]

Well, five years later Robinson Way are now telling me that Dryden Fairfax will be considering court action. Nothing has ever been resolved regarding my CCA and lost payments to Capquest and I now have to dig out all my previous paperwork (if I can find it !), including the discontinuance letter.

 

Good start to the New Year.

[Andybars]

When did you last make a payment to anyone in respect of this debt - if this is more than 6 years ago (5 in Scotland) any debt wold be statute barred by this point

[ericsbrother]

If they do decide to make a claim counterclaim for every penny you have paid with interest on top. This will add up to a tidy sum and make sure that they cannot dscontinue like BC dis when he realised that he had been rumbled.

[glennyboy]

I have spent half a day digging in the loft for paperwork. Looking at it I have found the following:

May 2007 - CCA Request to Fredericksons Solicitors and Capquest. Ignored by Fredericksons and letter from Capquest returned cheque stating Egg can't provide one.

April 2008 - Bryan Carter Solicitors file Court claim . They were CCA'D and requested to provide all information under Civil Proceedings Rules. Both requests ignored. Defence filed.

My 2008 Discontinued at Court

Nov 2008 - Assigned to Lewis (CL Finance) Debt Recovery. Informed that this matter is still in dispute. CCA'd - no response.

Jan 2009 - Lewis and Howard Cohen Solicitors are preparing Court papers. Both are informed that this is a) IN DISPUTE B) Already been to Court and discontinued. No response, ut no Court action either.

Dec 2013 - Robinson Way ( HLH Holdings) now state that they are passing to Dryden Fairfax to consider Court action.

 

As far as I can see, the last payment to Egg was Dec 2007. I cant believe these people are still hounding me after all this time. My other half is very ill with breast cancer and I'm struggling to cope with this as well. I am loathe to acknowledge any contact from anyone after all this time in case it restarts any sort of clock( statute barred ?

 

Also..... on checking my Egg statement up to Dec 2007, there are a number of " Credit Card Repayment Protector" debits totalling

nearly £800 !!. How did I miss that one.

 

Sorry it's a bit long winded, but I really needed a New Year offload .

 

Any suggestions ?

[ericsbrother]

You can claim back the PPI of £800 but they will probably just credit it against any debt so you need to calculate whether this £800 plus interest is worth chasing or whether to just ignore them and leave it. I would be waiting for them to write again and then send them a SB letter and if they still continue use it as a counterclaim. If BC become involved again you can hit him with a vexatious litigant claim as 2 bites at the cherry are enough to get him barred from using civil procedure without special permission. Yous is one of the few cases that may get him.

[glennyboy]

Thanks for the advice. I think Ill sit tight and go for Statute Barred if they push it to Court. Anyone got a link to the letter ?

 

Thanks a lot