Cupcake vs Egg 03

[cupcake68]

Thanks guys

 

I was originally buying time to see what the outcome of PT's case would do for me.

 

It has kind of just dragged along from there but GH suggested I CCA Egg because they cant take me to court if they have not complied with my request. Is this the case and if so what do I d about it?

 

I realise I am now just pushing my luck ad hoping that being that it is BC and he is known for not being the best that they may trip themselves up.

 

I know the chances are that I am gong to get a CCJ and possibly a charge but am I not right in saying that as my house is in joint names (we are not married)and there is very little equity in it that a charging order won't do much for them?

 

Can someone also please clarify that because they have chosen small claims track that this is better for me because of the charges being less?

 

Thanks agani

 

Cupcake

[manchesteruni]

Ummm, sorry if I'm being silly, haven't Egg already taken you to court ? (well BC but same debt) so not really sure I get the thinking that even though you already have had two copies of the agreement, sending a CCA request to Egg again will change anything ? Like I said, sorry if I'm being silly, I havent read the entire thread just had a quick peruse earlier.

 

The debts £15k isnt it. What kind of offer will you be making in your admission ?(assuming they send the docs as ordered by 25th Nov) If you go with monthly installments then its more likely you'll get that accepted and ordered and then the liklihood of getting a CO is lower.

[GeoffreyAlby]

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

 

So, i share the concerns of MU

 

 

When did they do that?

[pt2537]

it was around September 2010 when the judgment was handed down

[GeoffreyAlby]

it was around September 2010 when the judgment was handed down

 

Isnt this similiar to the Manchester cases? The onus of proof was on the claimant? Totally different to EGG being the claimant.

[pt2537]

no it is not

 

The High Court was asked to consider the enforceability of the agreement and gave its judgment on the terms within the agreement

[manchesteruni]

When did they do that?

 

Alexandra Slater v Egg Banking Plc - Aug 2010 - have a google

[MandM]

I know the chances are that I am gong to get a CCJ and possibly a charge but am I not right in saying that as my house is in joint names (we are not married)and there is very little equity in it that a charging order won't do much for them?

 

Can someone also please clarify that because they have chosen small claims track that this is better for me because of the charges being less?

 

Thanks agani

 

Cupcake

 

Hi CC. Long time no speak .

 

Even if by some chance they got the CO it's unlikely to be of any worth to them unless you're planning on moving soon. Have your arguments ready though, it's worth a fight.

 

SC will limit your exposure to costs btw.

 

M

[pt2537]

I must point out the risk of costs is still there if you defend a case which is undefendable, this may be deemed as unreasonable conduct and if this is the case, then the court can and likely will depart from the rules on costs in the SCT and can award any costs incurred as a result of unreasonable conduct

[MandM]

Quite right. I should really have said

SC will limit your exposure to costs btw provided you have a case.

 

My mistake

 

Thanks PT.

 

M

[pt2537]

its often incorrectly overlook on these forums, and i have had so many people contact our office saying that they want to appeal cos the judge wasnt allowed to order costs, and we have to explain that he or she can in circumstances such as those in 27(2)(g) CPR

[gh2008]

Ok, just one thing - have you ever received a copy of the agreement & T&Cs that were applicable at the time of signing.

 

IIRC you have only received a copy of the agreement & T&C's that applied in 2009.

 

This is the Timeline you posted http://www.consumeractiongroup.co.uk/forum/showthread.php?198523-cupcake68-Vs-Egg&p=2956717&viewfull=1#post2956717

 

As I have been saying, you are fishing and may be just delaying the inevitable BUT you have raised an official complaint that they are still in default of your original CCA request and they have still not complied with that let alone the recent one. Whilst not complying fully they cannot obtain a Judgement. It may be worth submitting an app to Order their compliance - then you can't get hijacked on teh day before a trial (gives you time to negotiate, submit an S129 app, or admit etc before trial)

 

Still wondering why this account is with Carter & SCT rather than Drydens & fast track .....

[cupcake68]

Hi GH

 

Great to hear from you.

 

I have had no reply to my CCA request of 15th October 2010 and am still unclear as to whether they have supplied the original agreement in the past or whether it was the current agreement or maybe they have not changed it at al since July 07!!!

 

Also when they sent the recent copy of agreement via carter they only sent the agreement so technically they have not supplied the termination or default notices!

 

I am going to wait until 25th to call the court and see if they have complied and if a date has been set but don't know what I should be doing because they have ignored my request.

 

Cupcake

[cupcake68]

Hi GH

 

Great to hear from you.

 

I have had no reply to my CCA request of 15th October 2010 and am still unclear as to whether they have supplied the original agreement in the past or whether it was the current agreement or maybe they have not changed it at al since July 07!!!

 

Also when they sent the recent copy of agreement via carter they only sent the agreement so technically they have not supplied the termination or default notices!

 

I am going to wait until 25th to call the court and see if they have complied and if a date has been set but don't know what I should be doing because they have ignored my request.

 

Cupcake

[manchesteruni]

Any news on this cupcake? Have you checked with the court if the opposition have complied with the order ?

[cupcake68]

Hi MU

 

Yes they did file, the date has been set to 3 days before I am due to give birth!!!

 

I now have to try and negotiate a deal with them.

 

My situation is pretty dire at the moment and I have recently tried to negotiate a deal with my bank re an overdraft. I offered them £5 a month and they refused saying I could't afford it but then went on to order that I pay £350 immediately!!!

 

If Egg behave in the same manner we might not be able to agree a monthly payment!!

 

Wish me luck!

 

Cupcake

[Bigdebtor]

Hi MU

 

Yes they did file, the date has been set to 3 days before I am due to give birth!!!

 

I now have to try and negotiate a deal with them.

 

My situation is pretty dire at the moment and I have recently tried to negotiate a deal with my bank re an overdraft. I offered them £5 a month and they refused saying I could't afford it but then went on to order that I pay £350 immediately!!!

 

If Egg behave in the same manner we might not be able to agree a monthly payment!!

 

Wish me luck!

 

Cupcake

 

Cupcake

 

Surely with a doctor's note you can get this case postponed until after you have had the baby? they shouldn't be asking you to go through such a stressful experience at such a time - unless the judge can double up as a midwife!

 

Secondly, if the Bank has said this in writing they clearly accept your hardship (not being able to afford £5 per month) - so MUST treat you sympathetically - report them to FOS (and cost them around £500) if they won't play ball with treating you appropriately and sympathetically whilst in hardship. They should immediately suspend all interest and charges and agree an AFFORDABLE repayment schedule. There is more on this on the MSE web site (not sure if CAG also has such generic stuff too?)

 

Good luck - hope this helps!

 

BD

[cupcake68]

Hi BD

 

I think I have to try and negotiate a payment plan before the court date (5 months away!) I don't have much of a case now they have supplied an agreement!

 

I am not too worried at this point because to be honest they can't have what I don't have so they will have to wait but I am not expecting it to be easy to agree a plan when they see how little we have right now!

 

Cupcake

[cupcake68]

Ok

 

Can't put it off any longer!!

 

I need to try and arrange a suitable payment to Egg to stop court proceedings

 

Do I write to Egg or Brian Carter to do this?

 

Am I right in saying I explain our circumstances and give them a breakdown of our income and expenditure. I then make an offer (which is unlikely to be more than a couple of pound a month!!).

 

Thanks guys

 

Cupcake

[Bigdebtor]

Cupcake

 

Don't panic!

 

I've just got in and I am very hungry and tired. . I'll post something more useful tomorrow before 10:00am!

 

BD

[wilchy]

Have you considered a Consent Order? Just a thought?

[Bigdebtor]

Cupcake

 

Sorry - I forgot to post yesterday. This is what I did to get Egg and Bryan Carter off my back. I am now paying £5 per month (for next 800 months or so - by which time I'll be over 130 years old).

 

I would send a VERY BRIEF (not at all detailed I&E) along the lines of the Common Financial Statement (got from CCCS or National Debtline) showing that you have fairly divided your remaining disposable income on a pro rata basis among all unsecured creditors.

 

If not already registered, then ring CCCS ASAP and get a telephone appointment. Have all your Income and Expenditure info along with all unsecured debts ready and they'll help you put the I&E together. They should also be able to get Egg to give you a bit of time to get this info to them. NB. They are NOT TOTALLY on your side - funded by Banks and their aim is to get debts repaid but in affordable amounts and longer timescales. They won't help like CAG will regarding unenforceability issues or lower F&F negotiations etc - but a useful tool in your tool box to get a bit of piece of mind and avoid court proceedings.

 

Hope this helps?

 

BD

[cupcake68]

Thanks BD

 

I will look into all of that asap.

 

Wilchy

 

What is a consent order?

 

Cupcake

[Bigdebtor]

Cupcake

 

In late 2009 I tried to get a thread going to gather info on who was likely to go to Court, back off, keep bluffing, etc. etc.

 

Only 2 or 3 guys responded - see attached link.

 

Hope it helps?

 

BD

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?227592-How-ready-are-various-DCA-s-or-Original-Creditors-to-go-to-Court&p=2520642&viewfull=1#post2520642

[pt2537]

you would be better off with a Tomlin Order rather than a consent order