Carter claimform EGG card

[Angy]

As long as you're sure it was before 2007

 

It was definitely before 2006

 

@Rev.Jan

 

I will get back to you.

[rev.ian]

Ok I we must think about getting the defence in lets see what others think of this.

When we are happy with it you will need to fill in blanks and get it off to the court.

In the xxxxxxxx County Court

Claim number XXXXXXXXXXXX

 

 

 

 

Between

xxxxxxxxxxx- Claimant

 

and

 

 

XXXXXXXXXX- Defendant

 

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.

 

2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

3. The Claimant’s Particulars of Claim are vague and fail to disclose any cause of action; they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the Civil Procedure Rules even allowing for the constraints of the bulk issue system.

A)  A copy of the purported agreement cited in the Particulars of Claim has not been served attached with the claim form and there is no statement that this is to follow – contrary to CPR – Part 16 – Rule 16.2(2).

B) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged account, has not been served attached with the claim form and there is no statement that this is to follow – contrary to CPR – Part 16 - Rule 16.2(2).

C) The claimant has failed to disclose the type of agreement he refers to and appears to have omitted the Act of Parliament that governs the afore mentioned agreement.

4. The Claimant fails to plead that this claim concerns a credit agreement regulated by the Consumer Credit Act, 1974. However, the Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3), which clearly prohibits such an award.

5. In correspondence dated XXXXXXXX sent via Royal Mail Recorded Delivery, the Claimant was asked to provide information, in accordance with the Civil Procedure Rules.

6. The Claimant has thus far failed to supply any of the requested information or copies of documents. It is requested by the Defendant that the court, in accordance with CPR - Part 18, and CPR 31.14 order the Claimant to comply with the following request for information:

a. Inspection of the original written agreement upon which the Claimant’s claim is based and/or for the original agreement to be made available in court.

b. A true copy of the written agreement.

c. A true copy of the default notice.

d. A copy of all statements and/or transactions detailing how said claim of £XXXX.XX has been attained.

e. Details of any collection charge(s) added to the account - specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge encompasses.

f. Specific details of the fees/charges levied by any other agency in respect of this account, a detailed breakdown of said fees and/or charges, and what each charge relates to and on what date said fees and/or charges were levied.

g. A true copy of the Notice of Assignment sent by the Assignee to the Defendant in compliance with section 136 of the Law of Property Act, 1925.

h. A copy of the assignment, giving the Claimant entitlement to the make the claim.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act, 1998.

 

7. The Defendant contends that point 4 in itself amount to a clear abuse of the process; as the Claimant would be familiar with the law and is endeavouring to bring a claim for monies to which they are not entitled to and knows that this to be the case.

8. Consequently, I deny all allegations on the particulars of claim and do not know what case I have to meet.

9. Without clarification of the Claimant’s claim, the Defendant is extremely disadvantaged and the Claimant’s claim appears without merit.

 

10. Further to the 9 paragraphs above, the Defendant is unable to plead effectively or at all. The Defendant is embarrassed.

 

11. I respectfully ask the permission of the court to amend this defence when the Claimant provides full disclosure of the requested documents.

I BELIEVE THE FACTS SET OUT IN THIS DEFENCE TO THE BEST OF MY KNOWLEDGE ARE TRUE.

 

 

Signed: XXXXXXXXX

[Angy]

Thank you so much Rev.Ian and other good people here.

1) I sent 2 recorded deliveries to him, should i amend that statement?

 

2) Can i change point 4 to paragraph 4?

 

3) Should i leave the "capitalized" and "embolden" like that?

 

 

4) He tried to claim 0.00. on the interest. Can we make issue out of that?

 

Thanks

[Angy]

BC left message on my phone to call their office but i did not call.

 

He then send a letter that "he has put the account on hold"

[MandM]

BC left message on my phone to call their office but i did not call.

 

He then send a letter that "he has put the account on hold"

 

That's an old BC trick. Continue with your defence and comply with the courts timescales. He's hoping you'll take your foot off the pedal - he carries on, wins by default.

 

If, on the other hand, BC is serious then he would have had to have confirmed this to the court. Has he?

 

M

[rev.ian]

Hi guys, does that defence look ok for Angy to send of ?

[MandM]

Looks good. Do you need the 'assignment' parts though, I assume BC is just acting for the OC. Apart from that, looks good to go

 

M

[Angy]

Hi folks,

I just discover that i need to fill one form called "Defence and counterclaim", can somebody help please?

 

Its about 5 sections

[MandM]

Hi folks,

I just discover that i need to fill one form called "Defence and counterclaim", can somebody help please?

 

Its about 5 sections

 

Defending All - put in full amount on POCs

 

Counterclaim - No (unless you know something )

 

What bits are you stuck on?

 

M

[Angy]

Cheers

 

What about the question " Do you dispute this claim because you have already paid it?

 

Option is yes or No.

 

I think the answer is No

 

Am i right?

[MandM]

Do you mean form N9b?

[MandM]

1 Full amount

 

2. No

 

3. Cut and paste your defence into here - will continue on another sheet - allows 8000 characters

 

4. Leave blank.

 

5. is easy

 

M

[Angy]

Thumbs up!

 

3) My defence is the one posted by Rev.Ian above

 

Any problem with that?

[MandM]

Are BC acting for Frederickson or the OC?

 

If it's the OC then you don't need to mention assignment. If Fredericksons have 'bought you' then leave it in.

 

If you're in doubt, leave it in - can do no harm.

 

M

[Angy]

What does OC mean?

 

I was initially paying Fredrickson, missed payments then BC comes in.

[MandM]

OC = original creditor as in the bank the card/loan was with.

 

As I said, if in doubt, leave it in.

 

M

[Angy]

In the court claim, he was acting for the OC.

 

Cheers

[MandM]

No probs, you'll be fine - BC is useless

 

M

[Angy]

A twist now....

 

BC had sent me the requested stuffs but i have already send the defence to the court.

 

It is such a voluminous piece and i am studying the whole document today.

 

Cheers folks.

[MandM]

A twist now....

 

BC had sent me the requested stuffs but i have already send the defence to the court.

 

It is such a voluminous piece and i am studying the whole document today.

 

Cheers folks.

 

A good long read! Post up anything you find of interest or anything you don't understand.

 

Your defence is in so that's BCs tough luck.

 

M

[Angy]

Hi Folks,

 

# I received the receipt of my defence from court.

 

# In the bundle sent to me by BC are the following;

 

1) A blank default notice from Egg

2) A 2003 agreement

3) Up to date statements of Egg

 

N.B: In the statements, there is a regular interest different from the main interest, it is called " credit card repayment protector ".

 

What is this?

 

BC had been leaving messages for me to call him. Should i call him?

[GhostDebt]

Hi Angy,

 

Repayment protector is the cover taken out to cover your payments in case you cannot pay due to illness etc.. PPI basically.

Did you ask for this? Were you aware of this?

 

If not you could consider reclaiming this by way of a counterclaim if it has been missold.

 

Don't call them, just stick to the court timetables and start compiling your proper defence.

 

Please look for further feedback and continue reading other BC threads for info.

 

Regards

[Angy]

Cheers GhostDebt,

 

I never requested for such deduction(s)

 

Many thanks

[MandM]

BC had been leaving messages for me to call him. Should i call him?

Certainly not - he'll write if he really wants you.

[MandM]

Cheers GhostDebt,

 

I never requested for such deduction(s)

 

Many thanks

 

Interesting. What does it add up to and what period of time have they been taking this for

 

M