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Egg Loan CCA


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HI,

 

We have received a County Court Summons from Brian Carter Solicitors in relation to an egg loan. We requested a copy of the CCA which was sent about 4 months after request with no T&C attached and no statement of account.

 

I think I am going to defend the claim on the basis of the loan agreement being unenforceable on the following grounds:

 

1. The loan is in joint names but the CC summons is addressed only to my husband?

2. That there are no T&C attached to the agreement, no total amount repayable and they have not provided a statement of account?

 

Could anyone comment on this and perhaps offer any advice?

 

Also what is the position if I defend and lose? Obviously judgement will be entered but if we don't provide income and expenditure, how do I know that the court won't set a payment that I can't afford?

 

Thanks for any help.

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