Egg, the default notices, the termination and the legal dispute

[TinaTurner2]

I was awarded a Judgement by default against Egg in November 2010 for just less than £5k.

 

I haven't paid the monthly amount on the account since the dispute started around June 2010.

 

The Judgement remains outstanding. Egg have suggested they are going to apply for a set aside but they haven't yet.

 

In Dec 2010 Egg issued a Default notice. The sum quoted didn't include the amount on the judgement.

 

In March 2011 Egg issued another Default notice. Again, the sum quoted didn't include the amount on the judgement.

 

Today I received a termination notice and they now want the full amount (£12k). Again, this doesn't take into consideration the £5k judgement order.

 

Couple of questions....

 

1. The balance owed (and, therefore, the monthly payment amount) was in legal dispute and, I believe, must remain so until the judgement is satisfied. However, I can't see anything in the CCA that stops Egg issuing defaults or terminating accounts when in dispute. Is this right?

2. The defaults don't include the amount awarded under the Judgement order. Would anyone consider that the default amount is therefore incorrect and the default is 'bad'?

 

Ta

2.