Carter/EGG Claim Form **DISCONTINUED**

[vic synex]

Anybody help me with the N244 please?

[vic synex]

Hi Guys, got a set aside hearing in a couple of weeks after Carter got a default judgement against me despite CPR requests for documents which he ignored.

 

I'm not sure as to what to expect or what I need to take, I presume the judge will want copies of all correspondence etc but is there anything else?

 

Thanks in advance

[vic synex]

Polite bump

[vic synex]

Can anybody help please?

 

Getting a bit stressed about this hearing, dont want to make a total prat of myself and let Carter win!

[Endymion]

What does the Notice Order say i.e. Defendant to file a indexed bundle for the hearing etc? If not then just take everything you have for the judge to have a look at, however, it probably would be better for you if you did an indexed bundle that sets out your argument. Have different sections i.e.

 

1. Pleadings and Orders

2. Chronological order of correspondence

3. Document and case law (if any relied upon).

 

If you decide to do this then serve it on the Court and Claimant's and this will help the judge focus their mind - hopefully - plus earn you brownie points for making the judge's life a little easier.

[frettful38]

Hi vic synex hope you find the info below helpful

 

 

http://www.aboutsmallclaims.co.uk/set-aside-default-court-judgment.html

 

http://www.insolvencyhelpline.co.uk/debt_factsheets/how_to_set_aside_a_judgment_in_the_county_court.php

 

http://www.compactlaw.co.uk/free-legal-information/small-claims-court/setting-aside-judgment.html

 

http://www.oup.com/uk/booksites/content/9780199207213/ch_20

[vic synex]

Thanks for the input everyone. Had the hearing on my own as Carter couldn't be bothered sending anyone, Judge wasn't impressed and granted my set aside. Whole meeting lasted less than a minute.

 

Now have 28 days to file a defence, will be asking once again for some help with this.

[frettful38]

fantastic vic, great news and good the judge set aside your case well done

[vic synex]

Right Guys, need to sort this out but struggling with what to include in my defence.

 

Claim was from Carter regarding an Egg Credit Card, he won a default CCJ despite not producing documentation under a CPR 31.12 request. I managed to get the judgement set aside and I'm now building my defence.

 

A brief history, Egg terminated my credit facility early 2009 and hiked up my interest rate, I sent of a CCA request which they defaulted on.

In June 2009 they terminated the account and passed it on to various DCAs of which Carter decided to chance his arm. The account was terminated whilst in default of my S78 request and to this date no default notice has been received.

I requested my CCA and Default Notice under CPR 31.12 after receiving the claim form from Northampton. Carter sent a bundle of statements with a computer print out of Egg's activity regarding the account and then a copy of my CCA. I reminded him of the outstanding Default Notice and he allowed me 14 days from the document being sent to enter my defence. Then I get the judgement by default form.

 

Am I right in thinking I should have had a letter before action before he lodged the claim?

Also the print out from Egg shows no Default Notice listed in their activity!

 

Any help on this gratefully appreciated.

[toymaker1]

Right Guys, need to sort this out but struggling with what to include in my defence.

 

Claim was from Carter regarding an Egg Credit Card, he won a default CCJ despite not producing documentation under a CPR 31.12 request. I managed to get the judgement set aside and I'm now building my defence.

 

A brief history, Egg terminated my credit facility early 2009 and hiked up my interest rate, I sent of a CCA request which they defaulted on.

In June 2009 they terminated the account and passed it on to various DCAs of which Carter decided to chance his arm. The account was terminated whilst in default of my S78 request and to this date no default notice has been received.

I requested my CCA and Default Notice under CPR 31.12 after receiving the claim form from Northampton. Carter sent a bundle of statements with a computer print out of Egg's activity regarding the account and then a copy of my CCA. I reminded him of the outstanding Default Notice and he allowed me 14 days from the document being sent to enter my defence. Then I get the judgement by default form.

 

Am I right in thinking I should have had a letter before action before he lodged the claim?

Also the print out from Egg shows no Default Notice listed in their activity!

 

Any help on this gratefully appreciated.

 

You are right. You should have had a letter before claim.

If they did not send one, they are in breach of Practice Direction Pre-Action conduct, Section II 4.4(1) they are required to provide sufficient information to enable the other party to understand the issues.

and Section III 7.1(1) Before starting proceedings - the claimant should set out the details in writing by sending a letter before claim to the defendant.

and Annex A 2. The claimant's letter should give concise details about the matter. This should enmable the defendant to understand and investigate the issues without needing to request further information.

[vic synex]

Thanks for the help Toymaker, am thinking of using this as my defence, all thoughts and suggestions gratefully appreciated;

 

1. I, Vic Synex of the spare room, am the defendant in this action and make the following statement as a defence to the claim made by EGG Banking PLC.

 

2. The claimants 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 and is thus eligible for a strike out under CPR 3.4.2 (a).

 

3. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I have made a request for disclosure, pursuant to Part 31 of the Civil Procedure Rules, to the Claimant to allow me to properly respond to the claim. The Claimant has failed to respond to the Part 31 request.

 

4. The claimant failed to issue a “Letter Before Action” in accordance with Practice Direction Pre-action Conduct, section 11 4.4(1) and section 111 7.1(1) and Annex A part 2.

 

5. It is averred that before Proceedings may be commenced the Claimant must have served myself with a valid Default Notice complying with the provisions of Sections 87 and 88 of the Act and the Regulations made subsequent to that Act.

 

6. It is not admitted that any valid Default Notice was ever served upon me and the Claimant is put to strict proof that such document exists. The Claimant terminated the account on 30 June 2009.

 

And the Defendant

 

7. Seeks an order that the Claimant’s action is struck out under CPR 3.4.2 (a), or otherwise dismissed, on the grounds that any claim cannot succeed and that the Claimant do pay the Defendant’s costs incurred in defending this action.

Statement of Truth

I believe that the facts stated in this defence are true.

 

Signed

xxxxxxx

Defendant

[vic synex]

Anybody?

[nicklea]

to be honest, I would suggest that embarressed defences like this shouldn't be used. Have a read here for the reasons why:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?283443-Embarrassed-Defences-and-the-problems-with-them.

 

I would suggest that you have a read of some recent threads for defences that might be more appropriate - there are plenty in the legal issues section

[The Mould]

Thanks for the help Toymaker, am thinking of using this as my defence, all thoughts and suggestions gratefully appreciated;

 

1. I, Vic Synex of the spare room, am the defendant in this action and make the following statement as a defence to the claim made by EGG Banking PLC.

 

2. The claimants 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 and is thus eligible for a strike out under CPR 3.4.2 (a).

 

3. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I have made a request for disclosure, pursuant to Part 31 of the Civil Procedure Rules, to the Claimant to allow me to properly respond to the claim. The Claimant has failed to respond to the Part 31 request.

 

4. The claimant failed to issue a “Letter Before Action” in accordance with Practice Direction Pre-action Conduct, section 11 4.4(1) and section 111 7.1(1) and Annex A part 2.

 

5. It is averred that before the claimant can become entitled to enforce any regulated Credit agreement that he intends to rely upon in these proceedings, the Claimant must first serve a valid Default Notice complying with the prescribed language pursuant to Sections 87 and 88 of the CCA 1974 (as amended) and all subsequent Regulations thereof.

 

6. It is not admitted that any valid Default Notice was ever served upon me and the Claimant is put to strict proof that such document exists and that such Notice was served. The Claimant terminated the account on 30 June 2009.

 

And the Defendant

 

7. Seeks an order that the Claimant’s action is struck out under CPR 3.4.2 (a), or otherwise dismissed, on the grounds that any claim cannot succeed and that the Claimant do pay the Defendant’s costs incurred in defending this action.

Statement of Truth

I believe that the facts stated in this defence are true.

 

Signed

xxxxxxx

Defendant

 

I have amended a little bit of your defence, do you have anything else that you can rely upon in order to beef it up a little bit more?

 

Kind Regards

 

The Mould

[vic synex]

Thanks for the help TM, I was away when you posted, the defence I entered was as above but with a few points added including penalty charges applied to the account.

 

I have now recieved my Allocation Questionnaire and am a bit stuck on what I should be asking for?

[The Mould]

Thanks for the help TM, I was away when you posted, the defence I entered was as above but with a few points added including penalty charges applied to the account.

 

I have now recieved my Allocation Questionnaire and am a bit stuck on what I should be asking for?

 

When do you need to file your AQ by vic?

 

Kind Regards

 

The Mould

[vic synex]

Hi TM,

 

The AQ has to be filed by tomorrow, I've been away on a course and came home on Sunday night to find it waiting for me!

[vic synex]

Letter from Carter this morning, he's got a copy of my defence and has offered a reduced amount to settle and avoid judgement!!!

[The Mould]

Letter from Carter this morning, he's got a copy of my defence and has offered a reduced amount to settle and avoid judgement!!!

 

Hello vic

 

Post up said letter please.

 

What were the claimant's Particulars of claim please?

 

What amount is the claim for and what settlement amount are they offering to you?

 

No default notice = no entitlement to enforce the agreement/contract, case law authority - Harrison v Link Financial Ltd 2011 EWHC, HH Judge Chambers sitting as Judge of the High Court. Plenty of info on said Judgment has been posted here on these legal forums since Monday 28 February 2011.

 

Kind Regards

 

The Mould

[vic synex]

Hi TM, thanks for the reply, this is the claim form;

 

 

This is letter received today;

 

 

and this is the attached order;

 

 

The other copy of the consent order is in someone elses name with a different claim number and a different amount, he can't even get that right!

[The Mould]

Good evening vic

 

Settlement to this matter, without prejudice and sign the consent order otherwise we shall apply to the court to have your defence struck out - struck out on what grounds?

 

How much is the claim amount and how much do they want from you as a Settlement payment?

 

Is your AQ form N149 or N150? Have you started to draft your AQ?

 

There is no pleading in the POC's in respect of Default Notice being issued. No Statutory Notice served, no entitlement to enforce, end of claim.

 

OK vic, I have seen your initial (holding) defence against the claim, embarrassed defence and I am not a fan of ED, never mind now. What, as far as your concerned, is your defence against this claim?

 

If you are there tonight vic, I think you need to make an executive decision on this matter, if you are going to continue to defend, then you must make that filing date dead line on the morrow.

 

Kind Regards

 

The Mould

[vic synex]

Hi TM. the claim is for just over £7k, they offered £4500ish as a settlement. The AQ is N150.

 

My defence is no DN but termination notice received, over £300 in penalty charges, not much else really!

[The Mould]

Hi TM. the claim is for just over £7k, they offered £4500ish as a settlement. The AQ is N150.

 

My defence is no DN but termination notice received, over £300 in penalty charges, not much else really!

 

Well, no DN = no enforcement permited.

 

What were the circumstances upon which the claimant terminated?

 

Are you in a position to counteroffer his settlement offer?

 

Do you want to defend, I mean continue defending?

 

Come back, Roger - over.

 

Kind Regards

 

The Mould

[vic synex]

Thanks TM, I still want to defend but I'm now worried I dont have enough to use as a defence?

 

Egg terminated my card and nearly doubled the interest rate on my account. I sent them a s78 CCA request to check if my agreement allowed them to do this. They failed to provide this despite several reminders and the account went into dispute in March 2009.

They sent a letter terminating the account in June 2009. I put in my original post they terminated the account whilst in default of a s78 request but on checking my paperwork they actually did provide a copy in May 2009. I wrote a quick letter expressing my concern over the enforceability of the agreement due to the approved limit wording and they terminated pretty soon after that.

Because they terminated I didn't think it appropriate to continue paying an account which no longer existed.

Edited March 3, 2011 by vic synex

[The Mould]

Thanks TM, I still want to defend but I'm now worried I dont have enough to use as a defence?

 

Egg terminated my card and nearly doubled the interest rate on my account. I sent them a s78 CCA request to check if my agreement allowed them to do this. They failed to provide this despite several reminders and the account went into dispute in March 2009.

Out of the blue a copy of my CCA arrived in May 2009.

I wrote to them expressing concern about the enforceability of the agreed limit wording, next thing they terminated the account. Because they terminated I didn't think it appropriate to continue paying an account which no longer existed.

 

OK, had you missed any payments at the time of termination, if yes, how many payments had you missed and did you or were you in any discussion with the creditor in respect of giving any reason(s) for any such missed or late payments?

 

Can you scan in the CCA copy they supplied you with please?

 

Can you also please scan in the Termination Notice they served upon you?

 

So are you saying that the creditor abandoned the agreement/contract without just cause?

 

Kind Regards

 

The Mould