County Court Summons From Egg

[malaga1]

I have received a court summons from Northampton cc today. The Claimant claims 291 pounds such sum being part of a debt due under an agreement whereby the defendant agreed to pay the claimant 6417. For the avoidance of doubt in making this claim for a part of the debt the claimant does not wave any rights as to the balance of the debt which the defendant continues to owe to the claimant under the agreement. Why have they not asked for the whole amount? I have just received my SAR information this week I had been waiting since June! Egg had passed this on to another company and they wrote a couple of letters to me. I rang them(withholding my number) and told them the account was in dispute. Then I got a letter from a differant company telling me I had untill 23rd August or they would start court proceedings.Sorry this is so long but Please can anyone advise me what to do now!

[payingonlyencouragesthem]

Why have they not asked for the whole amount?

 

Presumably they are using Bryan Carter to go after you. Firstly send this to BC and copy it to the court. This has worked well before. Obviously you'll need to tailor it to suit your circumstances and you'll need to acknowledge service saying you'll defend:

 

Dear Sir

 

In the XXXX County Court

(CLAIMANT) -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,

I agree with you POET, the POC is a BC&Co template.

I found out from my old C1 S.A.R - (Subject Access Request) that usually the original creditor has no knowledge it has gone to court. This is BC&Co enforcing their "cut". Hence only a part claim.

I don't know the legalities or consequences of starting court proceedings without consent. Especially as solicitors cannot act of their own free will by bringing a claim.

[malaga1]

Thanks for replies! Yes it is Bryan Carter that has issued this. Egg have sent me my CCA and SAR. The CCA is signed by me and is 2 pages like others I have seen on here. The SAR shows about 250 pounds of charges and over a thousand pounds PPI that was stopped last year as I didnt ask for it and it has been applied since I took out the card in 2003. Do you still think I should send the above letter?

[payingonlyencouragesthem]

No. Counterclaim over the mis sold PPI. That will wipe their part claim out. Also ask why exactly are they claiming only part of the amount and reserving the right to keep taking you back to court for more. Contend in you defence that this is an abuse of procedure. They will probably back off if you do this. PM tomterm8 and ask if he can help draft a defence for you.

[payingonlyencouragesthem]

Hi,

I agree with you POET, the POC is a BC&Co template.

I found out from my old C1 S.A.R - (Subject Access Request) that usually the original creditor has no knowledge it has gone to court. This is BC&Co enforcing their "cut". Hence only a part claim.

I don't know the legalities or consequences of starting court proceedings without consent. Especially as solicitors cannot act of their own free will by bringing a claim.

 

Very interesting - I wonder if you could mention this in a defence. That should definitely be reported to the Law Society.

[tomterm8]

hang on... does name on the form as the claimant say "Bryan Carter " or does it state "Egg"

[malaga1]

The Claimant is EGG. Address for sending documents Bryan CARTER & Co

[tomterm8]

can you scan your agreement, remove personal data and post it to http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html ? I am interested to see what peterbard says about it. I've always had the feeling these egg agreements are unenforcebale, but have never quite come to the conclusion of why.

[malaga1]

I Dont have a Scanner!

[malaga1]

The Agreement says..... Credit Agreement regulated by the Consumer Credit act 1974 myname their address limit; we will tell you from time to time the approved limit we have set etc. We will charge interest on purchases and balance transfers at a monthly rate of 1.093 Unless you are an existing egg customer we will charge a handling fee of 1.25 for each cash advance The apr for cash advances is 16.3 we charge a handling fee for each credit card cheque It then goes on to say about repayments. On 2nd page Yous should read your rights, and loss or misuse of egg card It is signed by me then Az alibhai No mention of PPI

[tomterm8]

Hi, you said it was the same as a credit agreement you had already seen on the site... can you give me the link?

[linz2011]

subscribing - good luck

 

tom this links to an egg agreement which is what everyone has received in response to CCA - thanks

 

http://www.consumeractiongroup.co.uk/forum/general-debt/109107-cca-cap-one-m.html

[tomterm8]

subscribing - good luck

 

tom this links to an egg agreement which is what everyone has received in response to CCA - thanks

 

http://www.consumeractiongroup.co.uk/forum/general-debt/109107-cca-cap-one-m.html

 

Linz, what you have posted is a a fixed term agreement (i.e. loan agreement); the statement of protection on the second page suggests that the first and second page are not linked, since it is a statement of protection that is normally found only on running credit agreements.

 

Further, your agreement - as a fixed term agreement - doesn't contain the total charge for credit prescribed term, and I believe that may render it void as unexecuted.

 

 

i would suggest PMing peterbard, and seeing what he thinks. if possible, could you CC me on the PM, since I would also be interested in the matter.

 

 

 

what the OP has posted so far sounds more like running credit (i.e. credit card agreement. Can the OP confirm that the agreements are identical.

[linz2011]

Hi Tom

 

You are absolutely right it does relate to a loan agreement - completely forgot about that doh!

 

There are loads of egg agreements on here for cards I will keep looking and get a link posted for you

[NitrousOxide]

I found out something interesting about egg loans today.

See my posts on the last page Tom gave the link to.

[tomterm8]

Hm.

 

Well, whadda ya know? Been looking through the statute law, and found the little gem:

 

s35 of the County Courts Act 1984 states

“

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.”

[linz2011]

Result!! way to go hee hee

[payingonlyencouragesthem]

Hm.

 

Well, whadda ya know? Been looking through the statute law, and found the little gem:

 

s35 of the County Courts Act 1984 states

“

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.”

 

Tom you really should have taken silk:grin:

[malaga1]

Does that mean I could use that as any defence? I really hope so!

[tomterm8]

Hi, you said it was the same as a credit agreement you had already seen on the site... can you give me the link?

 

Hi, Malaga1, can you answer this question, thanks.

 

 

Does that mean I could use that as any defence? I really hope so!

 

Um... yeah, I've drafted 3/4 of your defence, and that's in there... my normal doorstop format... but I need to know:

 

(a) did they send you a default notice, and when

(b) did the default contain this information:

 

 

 

 

Default notice – form and content

The following information must be contained in the default notice:

i a description of the agreement sufficient to identify it

ii the name and a postal address of the trader

iii the name and a postal address of the customer

iv a statement that the notice is a default notice served under section 89(1) of the Consumer Credit Act 1974

v details of the part or parts of the agreement which, according to the trader, the customer has breached

vi details of the nature of the alleged breach of the agreement specifying clearly the matters complained of

vii if it is possible for the customer to put the matter right, details of what he is required to do in order to achieve this, and the date before which he is required to do so. This date must be at least seven days after the date of service of the notice, or

viii if it is not possible to put the matter right (for example, where goods have been damaged beyond repair), details of the amount (if any) required to be paid as compensation and the date before which it should be paid. This date must be at least seven days after the date of service of the notice.

 

 

 

 

Point to note

The date of service of the notice is the date on which the trader either delivers or sends the notice by post to the customer. Where a notice is sent by post, allowance should be made for delivery time when calculating the date by which the breach must be remedied.

 

 

 

Where any action is required under vii or viii above, the following statement must appear immediately after:

 

 

 

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.

 

The following statement must appear immediately before the specification of the action to be taken by the trader:

 

 

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU [OR A SURETY]

 

The words in square brackets are to be omitted or deleted if it is not intended to take any action to enforce any security.

 

 

[malaga1]

I saw it in the egg site but i cant remember who. Ive been looking through ill have another look! It was the same 2 pages, same signature etc. I had a letter from Bryan Carter saying they would start court proceedings by the 24th august as my account was in Default. Thank you so much for all your help!

[tomterm8]

I saw it in the egg site but i cant remember who. Ive been looking through ill have another look! It was the same 2 pages, same signature etc. I had a letter from Bryan Carter saying they would start court proceedings by the 24th august as my account was in Default. Thank you so much for all your help!

 

A default notice is a notice expressly headered "default notice under s89(1) of the Consumer Credit Act 1974"

 

It is very important, since they can't take legal action against you without one.

 

Your letter is merely a LBA; not very important... but improperly formatted, nontheless.

[Hopeful1]

Hi Everybody!

 

Tomterm8 - I've posted my Egg card agreement on P.10 http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

[malaga1]

Hi Hopeful! My agreement is exactly the same! Thanks for posting