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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

EEK!! V Egg - Hearing 15th November.*POSTPONED*


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Yeah I'm in exactly the same situation so I'd like some help :D and yes, Egg section is not very much viewed which is why I put some of my queries in the general section, but then mods just moved them to the egg section where no one answered! :(

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Hi,

 

i would post something in the legalities section with 'Counterclaim' in the title. It should get a fair bit of attention as I don't think any other companies have tried this and that section is read a lot more than this one.

 

I think the idea of welcoming a breakdown of costs with a view to amending the original claim to allow for the true costs is a good one. I really don't see it getting that far though.

 

Good luck with your claim. I hope to send my LBA to Egg soon (started a thread here but having to wait for enough spare money to put in the court claim after the LBA if it goes that way).

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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Yes it should get noticed there - I'm surprised how few people are claiming from Egg!

 

If you get no answers and really need some advice you could possibly PM a mod who's posted some good replies in that section (i.e. not one that everone PMs like BF, Dave etc).

 

Personally I think you should be fine with accepting the counterclaim and seeing what happens. If it goes to court and they lose (which they should do given the wording in their terms and conditions!) they'll have to reveal their true costs for the counterclaim.

 

Like I've said before I'm shocked they would even allow a small chance of having to do this, but then if they don't intend to go to court why file a counterclaim?

 

Anyway, good luck and keep us posted...;)

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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Morning!

 

Well after some very helpful 'tips' from BF I've filed my 'reply to the defence and counterclaim' yesterday. I hand delivered it just to make sure. I've also sent a copy to Egg. I've heard nothing from Egg since receiving the defence/counterclaim and the claim is currently sat with the judge to give me a date for a court hearing.

 

Fingers crossed.

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He basically 'helped' me write the reply to the counterclaim. It makes for very interesting reading I can't wait to see Egg's reply he he

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He basically 'helped' me write the reply to the counterclaim. It makes for very interesting reading I can't wait to see Egg's reply he he

 

Keep us posted, can't wait to see the outcome

 

GOOD LUCK

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Anymore news on yours yet EEK!! ??? response to the Counterclaim?

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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No, all quiet on the egg front, sure they must be scambling up something!!!!will let you know when.....

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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I am watching all the threads with great interest. I realy hope that you hear something soon. Does not look like egg are paying anyuone off, just using l0oads and loads of delaying tactics. Good luck I hope you beat them to scrambled.

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How long does it sit with a Judge before a Court date?

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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I've called the Court and aparently they are very busy at the moment so it's whenever the Judge gets a chance to read it. However depending on the outcome of the case with Yasmin I may write to the Judge and fill him in on Egg's delaying tactics etc.

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I've had my court date through this morning - 14:30 on the 15th Novemeber.

 

At least this gives me plenty of time to organise all of my evidence.

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thats a while off

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

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Good Stuff EEK!!!

 

Very Pleased to hear that you have decided to return to the...

Let's Crack The Egg Club and Remember, that Humpty Dumpty is no different to any other Bank!

 

Angry Cat

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At last you've got your court date! Quite a way off...However don't expect to get mine for some time now. They said first available date after 8th Sept. Hell knows when that will be. Tobes has got his comeing up soon. Suppose they could try the delaying tactics again by not submitting relevant papers.

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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  • 1 month later...

Morning Campers!!

 

After reading Tobes thread the other day I spent the whole day (whilst at work ;-)) organising the paper work for my court case. I know its a way off but if all of eggs court cases get consolidated you never know it might get brought forward. I now have 3 files with 332 pages each in of evidence!!!

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Holy Mumma! I asked the judge about bundles and she said you don't need to include copies of the whole Act(s), just the relevant bits, as they obviously have copies themselves!

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  • 4 weeks later...

Morning fellow Egg Dunkers!!

 

Well this morning I had a lovely surprise a hand delivered individual personal letter solely written for me from egg....

and then I woke up and realised it was just another one off eggs standard mail shots (hehe).

 

I think what bothers me the most is the opening sentence 'Thank you for your recent telephone call' um hello what telephone call I've had no contact with egg for months!!!

 

Like everyone else I am appauled that they feel they are able to use Annalh case as an excuse to 'bully' people into thinking they have the upper hand.

 

I cannot wait for my case in fact I think we should all be a bit more pro-active with/for each other and join forces and help each other out. We should be there for each other so I propose that we, if logistically possible, have at least one other fellow egg cracker as support in attending each case.

 

Hands up all in favour.......

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Morning Campers!!

 

After reading Tobes thread the other day I spent the whole day (whilst at work ;-)) organising the paper work for my court case. I know its a way off but if all of eggs court cases get consolidated you never know it might get brought forward. I now have 3 files with 332 pages each in of evidence!!!

 

Wow - what do you use as evidence. I am a bit scared to be honest about claiming from Egg. Although it's costing them so much more to keep defending the claims etc.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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  • 2 weeks later...

Has anyone won yet against Egg - there seems to be a lot of people claiming but I haven't found anyone on the site yet who has been to court and won!

 

I've just sent my allocation questionnaire off (yesterday). Waiting to hear about a court date.

 

 

Joan

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