County Court Summons From Egg

[Hopeful1]

Hi Malaga. I hope it helps in some way. i've had problems with my computer - it took me the best part of 2 hours, but i did manage to cook dinner inbetween!

 

I'm now officially subscribed to your thread.

 

Lots of luck

[malaga1]

Ah Thanks so much Hopeful! I hope the dinner didnt get burnt! Ive got a laptop and Im only just getting the hang of this! My 8yr old grandaughter knows more than me! She showed me how to copy+paste the other day! I havnt tried it since though!

[NowFightingBack]

OK....I've had one of these "part claims" from Bryan Carter for an Egg debt, defended and had a Notice of Discontinuation. Does this mean that Egg can't claim for the full amount as this would be against this section? Hope so!!

 

 

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.”

[tomterm8]

OK....I've had one of these "part claims" from Bryan Carter for an Egg debt, defended and had a Notice of Discontinuation. Does this mean that Egg can't claim for the full amount as this would be against this section? Hope so!!

 

They would find it very hard to do so:)

[linz2011]

Hi Tom

 

Just forwarded Peters response to my PM - i think your snippet of info will be very useful for the stat demand issue I have

 

 

FYI

[malaga1]

Hi Nowfightingback, What did you put in your defence with EGG? Did you it take long for the discontinuation to come through?

[linz2011]

Hi malaga

 

I received mine prior to finding CAG and I just logged onto MCOL and defended the whole claim and put in the POC - no idea what this is for and would ask that the claimaint provides more details - that was it nothing fancy and i received a discontinuation letter from them - i am sure someone will be along soon to give you some real POC's

 

Good luck

[tomterm8]

Hi Malaga1, is your copy of the egg agreement the result of good record keeping OR did they send it in response to a CCA request?

 

Also, can you tell me the month and the year of the agreement (either here or by PM)

[tomterm8]

DEFENCE

 

 

 

 

1. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

 

PROCEDURAL ISSUES IN RELATION TO CLAIM

 

2. I object to the claimants’ particulars of claim, in so far as they breach my convention rights under the human rights act 1998 sixth protocol that I should have a fair and speedy trial, since

 

2.1 The claimant expressly states that they have brought an action against me while reserving the right to take further legal action against me on the basis of the same facts for monies allegedly owing at the time their particulars of claim were filed and,

 

2.2 the claimant implies that they intend to take numerous and vexatious actions against me in the future, in contravention of the overriding objective, and on the basis of the same facts for further monies allegedly owing at the time their particulars of claim were filed subjecting me to substantial undue expense, inconvenience and depriving me of my right to a speedy trial.

 

2.3 By retaining the right to launch multiple actions in respect of the same cause of action, the claimant is attempting to breach s35 of the County Courts Act 1984, which 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.”

 

 

2.4 The claimant failed to abide by the pre-action protocols of the civil procedure rules, in so far as they failed to serve on me a properly formatted notice of legal action. The claimant failed to specify adequate details to investigate their claims, or to attach all documents upon which they found their claims.

 

3. I further object to the claimants’ particulars of claims, in so far as they disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the account number of the agreement, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant’s claim.

 

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

4. Consequently, I deny all the allegations of the claimant and do not know what case I have to meet.

 

 

Denial of claims

 

5. In respect of that which is denied:

 

6. On DATE, I sent the claimant a consumer credit agreement request. under the conmsumer credit act act, in response to which the claimant replied with a true copy of an alleged credit agreement. It is not possible for me to establish whether this agreement relates to the document specified in the POC.

 

7. This alleged is for a running credit agreement, and is not in the prescribed form for a credit agreement. It does not contain all the required terms of a consumer credit agreement, and the APR listed in the credit agreement appears different to that charged during the period of the credit agreement. I am not aware that notice of variation was ever received by myself, and put the claimant to strict proof.

 

8. The claimant has also admitted, in respect of the agreement, that it added a charge in the amount of XXXX for the purchase of payment protection insurance. I deny that I entered into a contract with the claimant for the purchase of payment protection insurance, and put it to strict proof of any such agreement.

 

9. It is my belief that during the period in which the Account was operating the claimant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The defendant understands that the claimant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

10. The defendant contends that:

 

10.1 The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the claimant; exceed any alleged actual loss to the claimant in respect of any breaches of contract on the part of the defendant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Claimant which exercises the contractual term in respect of such charges with a view to profit.

 

10.2 The contractual provision that permits the Claimant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law.

 

10.3 Accordingly I put the Claimant to strict proof that every charge and collection charge made to the account was valid and lawful.

 

11. I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach. If the claimant sent a default notice that includes unlawful penalty charges, or fees unlawfully debited in respect of the account, any default notice is invalid under English law for the reason that it is inaccurate and so the claimant may not seek to enforce this debt according to s89(1) of the consumer credit act 1974.

 

12. In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

 

13. Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in paragraph's 4 and 5 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

[malaga1]

Thanks very much for that tomterm! I opened the account in sept 02. I sent a SAR and CCA and this is when I received the agreement. There is no mention of the PPI on the CCA only on the statements is this right? I have acknoledged the claim online when do I need to do defence by?

[tomterm8]

Thanks very much for that tomterm! I opened the account in sept 02. I sent a S.A.R - (Subject Access Request) and CCA and this is when I received the agreement. There is no mention of the PPI on the CCA only on the statements is this right? I have acknoledged the claim online when do I need to do defence by?

 

If you call the court (top right hand corner claim form, extra small type) they will tell you when you need to submit the defence by.

 

If you are happy with the defence, you can file it earlier. with regard to point 7, you might want to do some research on the exact regulations the credit agreement breached (I asked peterbard for a copy, BUT unfortunatly it's too large for my e-mail).

[NitrousOxide]

Tom is an asset to us.

You've incorporated what you discovered the other day as well into the defence.

I would tip your scales, but I need to spread some love around first.

Someone else tip it for me (If you agree the defence is good).

[oneofakind]

My pleasure.....

[malaga1]

I dont know how to or I wouldve done it more than once! Tried the other day and nothing happened (not too good with computors!) Learning lots on here though!

[linz2011]

I think I have tipped Toms scales over the edge:D

 

Malaga it is the button in the middle bottom left of his post inbetween the green dot and the warning triangle

[NowFightingBack]

My defense was not so well written (I hadn't discovered this part of CAG at the time!) I basically said it was all unlawful charges. I got the discontinuance in a few days. Basically I think I could have written anything in the defense as I think Carter just discontinues if you do defend. However I love tomterm's defense!!

[oneofakind]

Many DCAs will just give up if you submit ANY sort of defence.... since they usually have no evidence for their 'case', it's all they can do!!!!

 

But you can't beat a logical, fully thought-out defence!

 

:D

[meshi]

tom is the mutts nutts especially that section 35 of county court act 1984.

 

I ve just tried to add to your rep but it is telling me that I need to spread it out.

 

I am happy to spread the love man

[shirei12]

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/104684-hillesden-dlc-help-needed.html

 

Here is another egg agreement for you to look at. Good luck

[shirei12]

This makes very interesting reading if you are dealing with Bryan Carter

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/88566-bryan-carter-ceased-company.html

[malaga1]

Same agreement as mine 2 pages, signature on second page. Thanks for posting

[malaga1]

Just submitted my defence (Big thanks to tomterm!) Now the wait is on to see their reaction!

[malaga1]

Received a letter from Bryan Carter Solicitors today.Please find enclosed for your information,a copy of the Notice of Discontinuance which we have forwarded to Court.Thanks Tomterm for all your help with my Defence! Can they start any other action at any time? Seeing as they have withdrawn from this?

[NitrousOxide]

Received a letter from Bryan Carter Solicitors today.Please find enclosed for your information,a copy of the Notice of Discontinuance which we have forwarded to Court.Thanks Tomterm for all your help with my Defence! Can they start any other action at any time? Seeing as they have withdrawn from this?

Well done,

This proves they are only doing this now in the hope people won't defend.

Entirely vexatious and simply to make money from people who have no idea how to defend.

[linz2011]

well done !