Egg vs Me

[Penny4your]

Hi,

 

I have an Egg debt for about £4000. However, egg are only claiming £300 but say they are not waivering the rest of the debt. I do not know where I stand with this as they could potentially take me to court 20 times....meaning 20 court costs, 20 judgments or drag it out over years profiting from the interest.

 

I have no statements do I have no record of what I originally owed only what they tell me in the court claim.

[payingonlyencouragesthem]

Smegg have started aggressively chasing homeowners through the courts lately. My guess is the they are trying to get an oh so reasonable judgment against you for £300 just to get a charging order over your property. Try this (provided courtesy of Sherlock):

 

(Make sure you go online and acknowledge service of the paperwork, this will give you 28 days instead of the usual 14 days. Full instructions should be with the claim. DO NOT send them any money, or bother talking to Smegg. Just send them this letter, and wait patiently.)

 

Date

 

Dear Sir

 

In the XXXX County Court

Smegg plc -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

REQUEST FOR FURTHER INFORMATION

 

I have today filed the Acknowledgement of Service (copy attached) in order that I may file my Defence to these proceedings in due course. By my calculations this must be filed and served no later than 4.00pm on (28 days from the date you received the court claim). However, before doing so, I take the view that your pleadings are not entirely clear and as such, do not appear to disclose any reasonable cause of action against myself. Although this matter may be suitable for the Small Claims Track the purpose of this letter is to make a request for some additional information in order to fully understand your claim and how it is calculated.

 

I note in your pleadings that you are claiming (alleging) that an amount of £AMOUNT is ‘part of a debt due under an agreement number (AGREEMENT NUMBER)’, and also that I ‘agreed to pay the Claimant £(TOTAL)’ – however you do not provide details of how you have reached these amounts, nor any information, or a copy of this ‘agreement number (AGREEMENT NUMBER)’ you refer to.

 

In light of this, can you please provide me with the following:

 

* A true copy of the alleged agreement you refer to.

* How you calculate the sum of £(AMOUNT)

* How you calculate the sum of £(TOTAL)

 

We would be grateful if you would respond within 21 days of the above date.

 

In the event that I do not hear from you at the end of this period, I may apply for your Claim to be struck out on the grounds that it does not disclose any reasonable cause of action against me, together with an Order for Costs in the Defendant’s favour. I trust that you will note this particular point.

 

In any event, kindly acknowledge safe receipt of this letter.

 

Yours faithfully,

 

YOUR NAME

[Penny4your]

Thank you payingonlyencouragesthem.

[payingonlyencouragesthem]

Thank you payingonlyencouragesthem.

 

Let us know how you get on. This letter has worked wonders for me and others on the site. Smegg's agreements are very iffy so even if they do come up with something on time all is far from lost.

 

Obviously send the letter recorded delivery and keep a copy.

[Penny4your]

Should I select defending all the claim when acknowledging service?

 

Lets say Egg send me this information within the 21 day period. What then?

[Penny4your]

Just seen your posting above mine.

THX.

[payingonlyencouragesthem]

Should I select defending all the claim when acknowledging service?

 

Yes absolutely.

[Penny4your]

OK.....have not heard back from Egg or their solicitors on this. The 28 days ends tomorrow.

 

What now?

[Penny4your]

OK....Ive braved the defence and put.....

 

"A request made to THE CLAIMANT, for further information pertaining to this Claim was requested by myself, the defendant, on 18th April 2007 (by recorded delivery).

I take the view that the claimants pleadings are not entirely clear and as such, do not appear to disclose any reasonable cause of action against myself. The purpose of my letter sent on 18th April 2007 was to make a request for some additional information in order to fully understand the claim and how it was calculated.

It was noted in the pleadings that an amount of £284 is ?part of a debt due under an agreement, and also that I agreed to pay the Claimant £4835.39 ? however they do not provide details of how they have reached these amounts, nor any information, or a copy of this agreement they refer to.

I requested the following:

* A true copy of the alleged agreement.

* How they calculated the sum of £284.00

* How they calculated the sum of £4835.39

I also said that I would be grateful if they would respond within 21 days so I could respond to the court with my defence.

I did not hear from the claimant during this period, I am applying for their Claim to be struck out on the grounds that it does not disclose any reasonable cause of action against me, together with an Order for Costs in the Defendant's favour".

Right now im hoping I can pull through this mess and thank you for your advice you've given me.

 

I guess its sit back and wait to hear.

[Penny4your]

Its been sent to be heard by my local court. I have to send the Questionaire back this week. Any advise on what to do next? Im assuming that the court will send me a date.

 

Ive got no information on this debt to defend myself. Am I doing the right thing?

[Penny4your]

Ok. Got a date for September. Now im scared. How can I defend this.

[NitrousOxide]

Is egg suing themselves? Or is this as I suspect Brian Carter.

On the court claim you recieved what is the name of the solicitor?

[Penny4your]

It says Egg in the Claimant part and Any correspondence to go to Brian Carter Solicitors.

[Penny4your]

Ive been doing some digging, to find a way out of this mess.

 

2 points....

 

1/ No CCA No ENFORCEABLE debt

2/ Bryan Carter CEASED trading on 28 Feb 2007

 

Have a look at this thread: Bryan Carter- Ceased as a Company???!!!

 

1. I requested a copy of the agreement back in April after the claim was made 12th April 2007. So, it would appear, I have a something. Bryan Carter signed the Claim form so they submitted it after they ceased trading.

[payingonlyencouragesthem]

Re send an appropriately modified version of the letter to Bryan Carter:

 

Dear Sir

 

In the XXXX County Court

Smegg plc -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

REQUEST FOR FURTHER INFORMATION

 

I have today filed the Acknowledgement of Service (copy attached) in order that I may file my Defence to these proceedings in due course. By my calculations this must be filed and served no later than 4.00pm on (28 days from the date you received the court claim). However, before doing so, I take the view that your pleadings are not entirely clear and as such, do not appear to disclose any reasonable cause of action against myself. Although this matter may be suitable for the Small Claims Track the purpose of this letter is to make a request for some additional information in order to fully understand your claim and how it is calculated.

 

I note in your pleadings that you are claiming (alleging) that an amount of £AMOUNT is ‘part of a debt due under an agreement number (AGREEMENT NUMBER)’, and also that I ‘agreed to pay the Claimant £(TOTAL)’ – however you do not provide details of how you have reached these amounts, nor any information, or a copy of this ‘agreement number (AGREEMENT NUMBER)’ you refer to.

 

In light of this, can you please provide me with the following:

 

* A true copy of the alleged agreement you refer to.

* How you calculate the sum of £(AMOUNT)

* How you calculate the sum of £(TOTAL)

 

We would be grateful if you would respond within 21 days of the above date.

 

In the event that I do not hear from you at the end of this period, I may apply for your Claim to be struck out on the grounds that it does not disclose any reasonable cause of action against me, together with an Order for Costs in the Defendant’s favour. I trust that you will note this particular point.

 

In any event, kindly acknowledge safe receipt of this letter.

 

Yours faithfully,

 

YOUR NAME

[NitrousOxide]

Hi,

As suspected. Brian Carter again.

You need to defend. Other more knowledgable people will be able to help.

[Penny4your]

OK, I'll go to the above thread and post there as lost of people there can help.

[Penny4your]

Hi

payingonlyencouragesthem vbmenu_register("postmenu_1034831", true);

 

It is already going to court. Got a court date in Sept. Im sending another request but for the CCA with a cheque to Bryan Carter & Co Solicitors for £1. Im not sure if there is a time line that you can make to request this (im cutting it fine I suspect). However they did not respond to the above letter asking to explain self so Im not sure they will respond to this.

[Penny4your]

One thing I was concerned about was that Egg operate online only. Something I was not expecting was no postal statements. Like most banking you have the option to opt out of postal statements.

[payingonlyencouragesthem]

Hi

payingonlyencouragesthem vbmenu_register("postmenu_1034831", true);

 

It is already going to court. Got a court date in Sept. Im sending another request but for the CCA with a cheque to Bryan Carter & Co Solicitors for £1. Im not sure if there is a time line that you can make to request this (im cutting it fine I suspect). However they did not respond to the above letter asking to explain self so Im not sure they will respond to this.

 

OOPS sorry not a very useful contribution:p. As said before you will need to defend this. BC are probably asking Egg for the agreement and will discontinue the case if they don't get it. I have never heard of them going ahead when there has been a CCA default. You must at no stage admit the debt of course. Even if they didn't send you statements in the post you can still ask them to print out what they have in electronic form if you are going to SAR them.

[NitrousOxide]

Hi,

Maybe a PM to Tomterm8 or Rory32.

[Penny4your]

OK. Made a request for CCA and SAR. The CCA has gone past the 12day period. What does that mean? Also no response on the SAR either. Due to submit Bundle soon. Is there anything inpartular that I should put in it? Baring in mind I have no record of this debt I am assuming there is not much to go in the bundle.

[Penny4your]

OK. Made a request for CCA and S.A.R - (Subject Access Request). The CCA has gone past the 12day period. What does that mean? Also no response on the SAR either. Due to submit Bundle soon. Is there anything inpartular that I should put in it? Baring in mind I have no record of this debt I am assuming there is not much to go in the bundle.

[Penny4your]

Played this one out on the main Bryan Carter Ceased Trading thread. As I believe it bore relevance to the demise.

 

To cut a long story short... CASE CLOSED. BC were apparently instructed to discontinue after I asked for the CCA.

 

SO I WIN... BC - YOU LOSE. BUT DONT THINK IM DONE WITH YOU YET!

For all the grief you have caused.... I am coming back tenfold. So whether its the Creditor, DCA or the legal team to Blame. Whomever wishes to hang onto your purse string, they are about to feel my wrath.

 

And guys - feel free to tip my scales.