MandM vs Egg Loan ***Won with Strike Out***

[MandM]

Thanks Steven. Will start looking through them now.

 

This site has now got me looking at a few other issues so I may take a few more of em on lol :idea:

 

Mike

[MandM]

I'm reading certain links now regarding completing the Form N150 as part of my defence against Drydens. I've come across a note that says

 

if you get to the Allocation Questionnaire stage the the claimant hasnt provided a copy of the credit agreeemnt and has ignored your CCA and/or CPR request then these Directions may come in handy.

 

Up to this point i've only asked for a detailed breakdown to the sum they are claiming - which they failed to provide and I was able to submit an Embarressed Defence. Am I therefore asking for this other information now by way of the N150 Form?

 

As a further point, do I send a copy of the N150 and the request for information to the Plaintiff? I did note on someone elses page that they always do that as a matter of decency but i'm not so sure decency comes into it lol.

Edited September 30, 2009 by MandM
Point added

[MandM]

As a further point, do I send a copy of the N150 and the request for information to the Plaintiff? I did note on someone elses page that they always do that as a matter of decency but i'm not so sure decency comes into it lol.

 

Date for return of AQ is Monday (5th) so any advice gratefully received.

Edited October 1, 2009 by MandM
Added comment

[MandM]

Really need some pointers on what I should be doing here! If anyone can suggest answers to my last couple of questions it will help me hugely.

Thanks

[MandM]

Bump

[MandM]

In the "Draft Order for Directions" relating to the N150 the following wording keeps cropping up and I wondered if anyone could throw some light on what it means so that i know whether or not to use it:-

 

> Document, contract or deed of assignment

 

> Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.

 

I'm a bit worried about getting my wording wrong incase it gives the plaintiff the opportunity to kick my defence in to touch! Also, one or two queries I still need help with in the previous postings.

Thanks

[MandM]

Decided to put it in shown in its full form as the above by itself didn't make much sense. Hope this is clearer.

 

Quote:

 

 

In the ************* County Court

 

Claim number **********

 

 

 

 

 

 

 

 

 

 

Between

 

 

************* - Claimant

 

 

 

 

and

 

 

 

 

 

 

xxxxxxxxxx - Defendant

 

 

 

 

 

 

 

 

Draft Order for Directions

 

 

 

 

 

 

The Claimant shall within 14 days of service of this order file and serve the following:

• Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon
  
• Default Notice compliant with s87 (1) Consumer Credit Act 1974 andConsumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,
  
• Document, contract or deed of assignment
  
• Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.
  
• Copies of any statement or other document relied upon
  

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

 

The Defendant shall within 14 days thereafter file and serve the following

• An amended defence sufficiently particularised in response to the documents supplied by the claimant
  

 

 

 

Quote:

[MandM]

bump

[MandM]

Really need some pointers on what I should be doing here! If anyone can suggest answers to my last couple of questions it will help me hugely.

Thanks

[ScabHunter]

I'll have a read through and try to help, but this thread should be in Legal Issues. Have you asked the mods to move it?

 

SH

[ScabHunter]

First questions - when was this Egg account taken out? Is it for a loan, or credit card?

 

Is Drydens an in house DCA for Egg, or has the alleged debt been sold?

 

Have you ever received a default notice?

 

SH

[MandM]

Hi SH,

Haven't asked for it to be moved but I think it was moved here early on by a MOD.

First questions - when was this Egg account taken out? Is it for a loan, or credit card?

 

Is Drydens an in house DCA for Egg, or has the alleged debt been sold?

 

Have you ever received a default notice?

 

Egg account was a loan taken out last year around april I think. Had a DN but denied receiving it as it wasn't sent reg post. Drydens appear to be a law firm acting on behalf of Egg.

 

Just to confuse matters slightly more, I submitted an Embarressed Defence (ED)when the court papers turned up from Northampton originally on the basis that Egg/Drydens kept changing the amount owed and I had asked Drydens for a build up to their figure. i asked for the extra 14 days to enable them to produce and they still didn't - hence the ED as i did not know the amount I should be defending. I've continued to pay a reduced amount religously based on my income/expenditure calcs since Feb when I wrote to all of my creditors explaining my situation and change of circumstances.

 

This morning a statement turned up from Egg (just a yearly computer generated one) giving the breakdown of my account as it stands!! To be fair, it does acknowledge ALL of my payments - also adds loads of interest and charges of many hundreds of pounds that have never been notified to me - i'm assuming that this is Drydens costs!

Edited October 2, 2009 by MandM
Added some more

[ScabHunter]

If it was taken out last year then those draft directions are no good - the CCA 1974 won't regulate this agreement. It will be regulated under CCA 2006.

 

Have you had any opinion on the DN?

 

SH

[MandM]

No i haven't. On a pc tomorrow with a scanner attached so could try and upload it if it helps

[ScabHunter]

Yes, we need to know whether that DN is dodgy. Still, the AQ has got to be sent off tomorrow, hasn't it?

 

I'll work on it and be back in a bit.

 

SH

[MandM]

The DN was issued in May. No reference to CCA on it. but the preceeding 'Arrears Notice' from Egg dated 2 days before refers to the CCA 1974!

Also, the 1st letter from Drydens at end of June refers to the fact that Egg have issued and served a default notice on me under the CCA 1974 but the amount grew by £700 compared to the DN

[MandM]

Actually, just read the DN again - it asks for the amount of the outstanding payments only. Further down it gives another 4 weeks after which the alleged full amount will become due. Hope this helps.

[MandM]

Still, the AQ has got to be sent off tomorrow, hasn't it?

 

 

Have moved it to my local court so i will be dropping it in on Monday morning (well, my wife will)

[ScabHunter]

OK, thanks for telling me. That gives us a bit more time. It is my birthday tonight, after all!

 

I won't be online until late afternoon at the earliest tomorrow, but I'll make sure we get this ready for you on time.

 

I don't understand all these papers saying CCA 1974 if it was a CCA 2006 agreement. Sounds like they were too stingy to pay for some new forms.

 

SH

[MandM]

lol happy birthday. I'll get the hang of the scanning thing by then. have a good night(what's left of it)

M

[MandM]

http://i983.photobucket.com/albums/ae316/slinkymary50/Top2.jpg"

 

DN from Egg. Hope this works

 

And the letter from Drydens which preceeded the court action

 

http://i983.photobucket.com/albums/ae316/slinkymary50/DrydensLetter.jpg

Edited October 3, 2009 by MandM

[MandM]

Decided that I should also upload the wording that was used within my Emarressed Defence;;

 

-----------------------------------------------------

DEFENCE

-----------------------------------------------------

1. I **********************************************am

the defendant in this action and make the following statement as my defence to the

claim made by Drydens Limited

2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands

at present, inter alia: -

3. The claimants' particulars of claims 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 method the claimant calculated any outstanding sums due, 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 allegations in the particulars of claim and put the

claimant to strict proof thereof.

5. In respect of that which is denied, on 10/08/09 I requested that the claimant

provide a true copy of the method and breakdown of sums allegedly owed to enable a

proper defence to be submitted and to date I have not received this information.

6. The Defendant denies that the Claimant is entitled to any of the relief claimed

or at all.

7. The Defendant respectfully requests the leave of the court to amend this defence

if and when the Claimant provides sufficient information for the Defendant to do so.

I **************** believe the facts contained in this defence to be true

 

Hopefully that's enough info so that I can be pointed in the right direction to complete my AQ. Got till tomorrow evening to complete it.

M

[MandM]

Hopefully that's enough info so that I can be pointed in the right direction to complete my AQ. Got till tomorrow evening to complete it.

 

 

Thought I would also add the Court Claim Form issued by Drydens

 

http://i983.photobucket.com/albums/ae316/slinkymary50/ClaimFormfromDrydens.jpg

 

Comments anyone?

[MandM]

Please could you have a look at the attached DN and tell me what my chances might be arguing it? Thanks

 

 

http://i983.photobucket.com/albums/ae316/slinkymary50/Top2.jpg

Edited October 3, 2009 by MandM

[caro]

Can't see the date they want it paying by so hard to tell, but this link may help you. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200901-anatomy-default-notice.html#post2186015