Cupcake vs Egg 03

[cupcake68]

I sent the S78 request last week to Egg.

 

Today I have received a copy of my agreement from Brian Carter.

 

His covering letter is dated 20th October but the actual copy of the agreement says it was sent to me on 16th July 2010. This was when I was waiting for further docs from them. I never received this but if they show this letter to the court it could look as if I am lying!!!! That will not look good.

 

I have been through the agreement word for word with the one I was sent in Nov last year and there is an extra term in the new one. It is in relation to customers who applied before June 07 so doesn't relate to me but it does make the agreement different to the one they sent before.

 

So now I don't know if this is in reply to my CCA request or because they have read my AQ and realised they didnt send it.......

 

This woldn't be the first time they said they sent something and I never received it!!

 

Where do I go from here?

 

Cupcake

[gh2008]

Ok, so they have sent 2 'true copies' yet they are different .....

 

read through the OFT guidance on what they should be sending you - there should be a copy of the original agreement, & all terms that have changed since that and a signed statement of account etc.

 

What was in your AQ? what's in theirs?

[cupcake68]

Hi GH

 

Sorry I have made a mistake there is no difference between the two agreements I have. My mind is not on it today!

 

My AQ was saying if they haven't supplied the docs how can it proceed.

 

Their AQ says yes they would like to use small claims mediaton service, No reason to transfer to another court, small claims track is the most suitable track (i thought it was fast track for £15k?), No expert witnesses, No days they can't attend court, yes they have attached the fee (3x £100 cheques!?!!), signed by Bryan Carter.

 

Cupcake

[cupcake68]

Have been thinking about this and kept the envelope todays letter arrived in. The covering letter just says further to your telephone call or letter please find enclosed docs requested.

 

This proves that I had not received it before so maybe the judge wil not be mad with me!

 

Does anyone know how long it normaly takes to hear back from AQ?

[MandM]

2 to 3 weeks, can be longer depending on whether there's a backlog - so anytime now then. You can call the court and get an update, they're pretty helpful.

 

M

[cupcake68]

Thanks M

 

I am getting really concerned about this one now!

 

Cupcake

[gh2008]

see what the AQ says.

 

You always knew this was a going to be a difficult one to defend as we did come to the conclusion that you didn't actually have a defence !!

 

See what happens, and then we can have a think about the best way forward.

[gh2008]

Hi M

 

- we could do with a wavy smiley ...

 

[cupcake68]

Thanks GH

 

I am very aware of that, that is why I am concerned! No doubt I will hear from the court before long.

 

Cool smiley!

 

Cupcake

[MandM]

Hi M

 

- we could do with a wavy smiley ...

 

 

WOW. gh, that's some smiley lol.

[cupcake68]

Still no news from the court.

 

I have been kind of busy as other half seriously broke his ankle and has been in hospital for two and a half weeks awaiting operation!!

 

Just trying to get back on top of things and have realised that my CCA request sent on 15/10/10 has not been replied to.

 

Are they seriously going to try the "we sent it but you never recieved it" line for the third time?

 

What should I do now?

 

Cupcake

[cupcake68]

Should I be reminding Egg or the court that they have failed to comply with my request?

 

Cupcake

[Gallahad]

bump

[cupcake68]

Me again!

 

I have today received notification from the court.

 

It's a General Form of Judgement or Order

 

It is ordered that

 

1 Allocate to the small claims track

 

2 not less than 14 days before the date of the final hearing both parties shall send to the Court and to each other copies of any documents upon which they intend to rely at the final hearing. Further copies of documents already supplied are not required. Any witness intending to give oral evidence fr either party to this claim must file and serve a written statement of that evidence with the documents referred to above.

 

3 In addition, the claimant to disclose y 25h November 2010

 

a) copies of the agreement relied upon.

b) copies of any default or termination notice served under the agreement.

c) copies of any assignment of rights under the agreement.

d) a balance of account.

Or failing disclosure provide an explanation for the absence of documents by the same date.

 

4 Time estimate of 2 hours.

 

Any advice?

 

Cupcake

[AndyOrch]

Standard Notice of Allocation follow the orders and the relevant dates and times.

 

Regards

 

Andy

[cupcake68]

Thanks Andy

 

So next I will get notice of allocation date and time.

 

I sent CCA request to Egg on 15th October as advised by GH. They have not replied. Is there something I should be doing about this in the meantime?

 

Cupcake

[AndyOrch]

Thanks Andy

 

So next I will get notice of allocation date and time. Should be on the one you have

 

I sent CCA request to Egg on 15th October as advised by GH. They have not replied. Is there something I should be doing about this in the meantime? No if you reflected that in your defence.

.

Cupcake

 

Regards

 

Andy

[cupcake68]

No mention of time or date on this!

 

Cupcake

[cupcake68]

No mention of time or date on this!

 

Just claimant to disclose by 25th November

 

Cupcake

[cupcake68]

No mention of time or date on this!

 

Just claimant to disclose by 25th November

 

Cupcake

[manchesteruni]

A date probably hasnt been set yet for the final hearing, so you neednt really worry until it has been - check with the court whether one has been set since sending you the letter.

 

The more interesting bit is the claimants have been given until 25th November to supply their documents. Thats good news and it may be the court will wait for compliance of that from the claimant before setting a date

[cupcake68]

Thanks MU

 

I will call the court next week.

 

Do you know anything about the CCA request situation?

 

GH suggested I CCA them again as they cannot take it to court until they comply. I sent the CCA on 15th October and they have not yet replied.

 

Do you know if I should be informing the court or anything?

 

Cupcake

[manchesteruni]

Not sure, I'll have to read back through your thread. I have to say though I am a little concerned you are continuing defending having read posts on this page from GH ''You always knew this was a going to be a difficult one to defend as we did come to the conclusion that you didn't actually have a defence !!''.

[manchesteruni]

You have a copy of the agreement and T&Cs and the account was taken out online in July 07.

 

The claim is £15k.

 

You entered an embarassed defence, but now have the docs from BC. Not really sure why you need additional copies from Egg. And don't know who you had the first copy from in November 2009 and havent seen the copies. Worrying you stopped paying off the back of the first CCA request last April - as that has lead to you being defaulted and having this in court now You did CPR requests etc off the back off your embarassed defence ?

 

Regardless you have the order for them to comply with the docs by the 25th November so you cant really do much till then.

 

If they supply those docs, you are really needing to admit and offer to pay now aren't you to get an installment order at an affordable rate, reduce the risk of further costs against you and limit the possibility of a charging order ? (unless I'm missing something major) If they don't then consider further options.

[pt2537]

The High Court has ruled that Egg credit card agreements are enforceable

 

So, i share the concerns of MU