Egg Loan then Barclays then Moorgate now court

[ROCO]

I would be grateful if you could help me with my case.

 

Things became difficult for me and I had to default on my loans and obligations.

 

I had a loan with Egg. who transfered it to Barclays then Moorgate Britannica.

 

I am registered with the cccs and have made the £1 to all bar these.

 

I requested that they send validation that I owe them this money and the only response I have had is a court hearing.

 

I appealed to the court and now have a Defence filed questionnaire.

 

Have I done the right thing and what should I put in the questionnaire?

 

Ps, I rang Moorgate this morning and I know I should have not to tell them that they are taking me to court through Earlswood and they said that I have to deal with Arden(Strange) I rang Arden (I Know) and told them that I had written to their solicitors and I had no response and they have now passed on the details to their legal team that will forward the stuff to me.

 

Do you think that Moorgate have a legal claim to this debt and what should I expect to arrive in the post and will it be enforcable?

 

Thanks.

[smithy70]

First off Moorgate and Arden are the same bunch of solihull idiots.

I do not know how to file a defence but I am sure someone will be along.

Why did you never pay them?

Have you ever sent a CCA request and what was the result?

Do you still have the DN and when was it registered

When did you last make a payment

 

All those questions could alter any defence

[cerberusalert]

Thread moved to the Legal Forum.

[AndyOrch]

Hi Roco

 

I assume you are referring to a summons, you have submitted a defence and are now at AQ (Allocation Questionnaire ) stage?

 

Regards

 

Andy

[ROCO]

I was paying egg the agreed £1 then boom, "I am pleased to welcome you to Moorgate".

I wrote to them with the cccs letter and I think I made 3 payments of £1 then I kept getting you are behind hence the forum browsing.

Having read the forums I believed that they are not entitled to claim this debt because they do not have all the legal documents, so after the 3 payments I stopped.

I received the default sum notice on 12th Dec 2011.

I think my last payment was on the 30th Aug 2011

I have lost my only client to recession then after 1 year of trying to get new work I folded the business (going since 88)

Back foot ever since, with promises from people that never arrise wasting over 1 year on new ventures that people backed out of.

Used credit to survive now £-91,239 in debt to multiple.

Want to avoid bankrupcy, will bounce back.

[ROCO]

Yes Andy, just filling questionnaire out now. Any tips?

[AndyOrch]

Not without knowing further details:

 

Who is the Claimant?

 

What are the Particulars Of Claim?

 

What defence have you submitted?

 

What was the hearing for?

 

Are you basically challenging assignment are there any other factors that support your defence?

 

Which AQ N149/N150?

 

Regards

 

Andy

[ROCO]

Britannica Recoveries S.A.R.L - Moorgate B91 3QE

Solicitors - Earlswood and Co B90 4PD

particulars:

1. Egg made a loan to defendant (D)subject to standard T & C.

2. Claimant ©purchased loan on 01.12.10

3. If any instalment was not paid on the due date C would be entitled to repayment of the original balance of total payable, less (on payment) and rebate to which D may be entitled.

4. D failed to pay instalments due. C issued default notice requesting payment. D failed to pay the sums due which consequently became immediatley due and payable. Formal demand issued 12 sep 12

5. D has failed to pay the outstanding balance of £10024.83

 

no mention of the new charges for solicitors costs that have arrived recently.

 

I have not submitted defence yet, just completing it for emailing today.

 

Started by stating that I have not seen validation that I owe this debt and the date requested 10th Oct 12

 

If they own the debt legally then ok hands up, bit to late to offer the £1 now but if they don't own it, they should not be allowed to take me to court ?

[AndyOrch]

Ok Roco

 

Considering the amount involved and should you proceed to defend this matter it will be placed in Fast Track and you should be aware that you are at risk of considerable further costs.

The fact that you have made payment to the assignee signifies your acceptance of the assignment.

 

Questioning the legality of an assignment is a risky defence formula..the mere fact the Claimants name is on the summons is further proof that they have legal right to issue the claim.

 

My advice would be to offer payment and admit on this occasion...a CCJ appears to be the least of your problems considering the other problems you are juggling at the moment.

 

You could consider Time Order or even a DRO (Debt Relief Order) to encompass this and the rest of the debt?

 

Regards

 

Andy

[ROCO]

Andy thanks for your advice.

 

I am on a deadline to get this questionnaire in for today. Are you saying don't bother with it and how would I reverse the appeal to admit?

[AndyOrch]

If you are submitting a defence...is the first...what appeal? What questionnaire?

[ROCO]

The initial court form (N1CPC) I disputed the full amount (Intend to defend this claim until it has been proven that the claimant has the right to claim this debt and has proven ownership) and then I have been sent form, Notice that a defence has been filed (N152)

 

Natwest now has a charge of £11,228

Total debt of £-91,239

Two are offering esf's but I cannot take advantage, worried now that they are all going to go after property charges.

 

Feel I should have gone bankrupt last year.

[AndyOrch]

Ok so you are at AQ stage N150...as a defence has been filed then the AQ is the next stage to set allocation/Issue draft directions.

 

Here is a draft that you may refer to and edit to suit.....use your AQ though to try to come to mediation...as I have advised you are best not to progress this..the debt will double.

 

 

ALLOCATION QUESTIONNAIRE

 

Have you sent a copy of this completed form to the other party Yes

 

A. SETTLEMENT

 

For All

 

1. Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage?

 

Yes

 

 

B. LOCATION OF TRIAL

 

Is there any reason why your claim needs to be heard at a particular court? NO

 

C. PRE-ACTION PROTOCOLS

 

You are expected to comply with the relevant pre-action protocol.

 

Have you done so? No

 

If No, explain why?

 

This case is not covered by any approved protocol; I have tried to act reasonably in exchanging information and documents relevant to the claim but have had no response from the claimant in this regard.

 

 

 

D. CASE MANAGEMENT INFORMATION

 

What amount of the claim is in dispute? £XXXXXXXX

 

Applications

Have you made any application(s) in this claim? NO

 

Witnesses

 

Xx xxxxx All the facts in the case (Yourself)

 

 

 

Experts No

 

Track.... Fast Track

 

If you have indicated a track which would not be the normal track for the claim, please give a brief reason for your choice:

 

Its is respectfully requested this case be allocated to the Fast Track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer.

 

 

 

E TRIAL OR FINAL HEARING

 

How long do you estimate the trial or final hearing will take? 4 Hours

 

Are there any days when you, an expert or an essential witness will not be able to attend court for the trial or hearing? YES

 

Xxxx xxxxx 1st – 14th October Inclusive.(Example)

 

F PROPOSED DIRECTIONS

 

Have you attached a list of the directions you think appropriate for the management of the claim? Yes

 

If Yes, have they been agreed with the other party? NO

 

G COSTS

 

Leave blank

 

H Fee

 

I OTHER INFORMATION

 

Have you attached documents to this questionnaire? YES

 

Have you sent these documents to the other partyYES

 

If Yes, when did they receive them?

 

Do you intend to make any applications in the immediate future?YES

 

If Yes, what for?

 

An order seeking the Claimants compliance with information previously requested.

 

In the space below, set out any other information you consider will help the judge to manage the claim.

 

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case

 

Its is respectfully requested this case be allocated to the Fast Track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer.

 

Therefore it stands to reason that this document must be disclosed before this case can progress any further.

 

___________________

 

DRAFT ORDER FOR DIRECTIONS

 

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 send to the Defendant and to the Court:

o 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.

o Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,

o Document, contract or deed of assignment

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

o 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

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

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

 

 

Regards

 

Andy

[westfield]

It is never too late to go BR.

It seems you have been the victim of poor advice or at least misinterpretation of that advice on whatever forums you have been on. I do not know if Andy is a lawyer but i suspect you could do with legal advice. I would have thought,but don't quote me,the lack of assignment notices etc would help. Have you requested documents under CPR? I think that is the correct tool to use and i think you can get the case delayed until they comply.

[westfield]

Sorry Andy seemed to have been typing at the same time as me

[ROCO]

Many thanks guys for your help and advice.

 

Decided to go with the safe option or retracting the appeal.

 

Got in touch with Arden and they are looking to try and withdraw the hearing if it's not too late and they will put me back on the £1 cccs plan for a while while I get my businesses back on track.

 

Much appreciated.

 

Robert.

[AndyOrch]

But are they withdrawing the claim?

[ROCO]

But are they withdrawing the claim?

 

Apparently yes, because of the appeal it gave them the time.

 

Will give new budget plan figures tomorrow and go back to £1 for the short term.

 

Should buy me some time then I can start making headway into the debt.

 

Robert.

[Stigman]

Please do not go by their verbal word that they are withdrawing the claim and keep checking with the Court.

 

It has been known in the past for DCA's / Solicitor's to say this so that the Court procedure goes through without the Claimant turning up thinking that the case had been withdrawn only to find it had gone through uncontested.

 

Stigman