County Court Procedings by EGG

[bella2007]

Hello,

 

We got into difficulty paying our credit card payments due to my partners change in circumstances.

 

So after reading up about what to do we sent out letters to all our creditors with the standard letter ie. offering a monthly payment (pro- rata).

 

Most of our creditors eventually accepted our offer except EGG and Barclays.

 

Barclays sent back letters stating that in no circumstances will they accept our offer and not to offer anything else less than 50% of the origional payments. They have also now ignored our letters (but have banked our cheque payments) Anyway they have passed us over to their subsidury MERCERS who are constanly phoning abusive rude and have caused us no end of harassment even after sending out letters for them to stop.

 

Anyway back to EGG

 

EGG have NOT responded to any of our letters of an offer but have banked the cheque which confirms they must have received the letter.

 

We sent one out in December and one in January however EGG responded 3 weeks after our December letter stating that if we do not put our account back into credit they will send out a default notice and will require payment in full. (no mention of our offer letter).

 

We then sent a updated financial statement in January with a Cheque which they banked. Again no reply to this offer letter. However they sent out a default notice within 7 days of the our january offer letter.

 

We then had a letter in Febuary from EGG stating your EGG card account has been terminated.

 

Then we Received a Solicitors letter stating to pay in full within 7 days otherwise they have been instructed to take court procedings.

 

We phoned up the solicitors and explained that EGG have not responded to any of our letters. They wrote back stating that they did indeed receive our letters but their client attempted to contact you by telephone. A message was left requesting that you contact them. (did not get any message) As you did not contact our client a default notice was issued.

 

A week later we received a county court claim forms with 14 days to send back to the solicitors.

 

We then sent out to the solicitors a letter stating that we did not receive any message to contact egg and that we are disapointed that we cannot come to a satisfactory comprimise to this situation. And offered our payment terms again as this is all we could afford.

 

The Solicitors response was to respond to the county court claim that they sent.

 

We then wrote to asking for a copy of our credit agreement and their complaints procedures with a copy to the solicitor.

 

The solicitor reply that they would pass on the information about asking for our agreement and gave us address to complain and to respond to the county court claim.

 

Reading the forms it seems you only have 3 options

 

ADMIT

PART ADMIT

DISAGREE WITH CLAIM

 

 

It looks like the only thing to do is to admit and the solicitor can get judgement without us even having our say as all the papers go back to EGGS solicitors and not the courts.

 

We know that we owe the money we just think that EGG have not even acknowledge our circumstances and have rushed into these proceedings.

All the other crediters have agreed except BARCLAYS/ MERCERS.

 

HELP - any advice would be very much appreciated

[bella2007]

Hi Karnevil,

 

Thanks for your response we have up to the 22nd so I suppose we need to send out the claim by Tuesday 20th.

 

We just checked and their seems to be 2 overlimit charges and interest charges which we asked EGG to stop.

 

Regarding the solicitors their is only the £100 on the court procedings and he court fee of £390.

 

thanks

[bella2007]

It is from the county court bulk centre Northampton

 

 

Court fee £390

Solicitors costs £100

 

 

READING FROM COURT FORMS (on the back of the claim form)

 

"If you agree with all the claim and are asking for time to pay"

 

Complete the admission form (N9A) and send direct to the claimant (see address on front of form to which documents are to be sent) Do not send a copy to the court. Entering an admission may result in judgement being entered against you.

[bella2007]

will take a few minutes to type the particulars

[bella2007]

The Particular of claim

 

The claimant s claim is for monies due from the defendant under a credit card agreement (the agreement) regulated by the consumer credit act 1974 (the act).

 

Under the terms of the ageement the claimant opened an account number........... on ........ and issued a credit card to the defendant. The defendant agreed to repay the claiment together with interest calculated monthly as provided for in the agreement.

 

The defendant breached the agreement by failing to maintain payments in accordance with the agreement and was served a notice under section 87 (1) of the act.

 

The defendant has failed to comply with the default notice and the claimant claims the sum of £.............

[WormHasTurned]

Bella, not sure if you have already seen this - there is SO much information on this site.

 

I was recently taken to court by Egg, and it seems a similar scenario to you. So far, following advice from this site, the claim has been stayed - no CCJ.

 

This link may help.

 

http://www.consumeractiongroup.co.uk/forum/egg/54982-egg-asking-charging-order-2.html#post651493

 

By the way - who are the solicitors acting for Egg?

 

Best wishes

[bella2007]

Thanks Karnevil and Wormhasturned Egg are using a firm called Drydens

 

Have read your link thanks again some good advice....

 

So in our case they have not asked for a charge on our house but when speaking to Drydens they mentioned it verbally but not in writing.

 

So looking back at a couple of our monthly statements we noticed "over limit charges" (thanks to Karnevil) Can we dispute these charges?

 

we sent the £1 postal order asking for a copy of our credit agreement.

 

so reading the info in your Thread Worm the first thing we need to do is to complete the "acknowledgment of service" form to allow 28 days to prepare our defence... And not to fill out the admition form which states must be sent back to the solicitors and not the court..

 

Then before the 28 days are up request a sar and if we still have not received a reply to our cca then write to the court stating that we are waiting for further info from egg.

 

Does this seem a reasonable defense

 

many thanks

[WormHasTurned]

I sent for the CCA and SAR straight away. Then filled in the acknowledgement of service which exends the time to respond to the claim to 28 days.

 

It is unlikely - (if Egg stick to their normal timetables of replying asking you to verify your ID then waiting 40 days) that you will have the SAR back by the time you have to plead on the claim form.

 

However, if they have the CCA you should have received it long before then.

 

When my 28 days was up I did not have either document back so I was unable to verify if the amount they were taking me to court for was in my mind correct (re disputable penalty charges and any errors on the account)

 

Hence the response I gave to the court.

 

Bella I am new to all this too, so I am not in a position to advise anyone - but can relate what has happened to me so far.

[bella2007]

Are debt is approx £14000 With EGG

 

Sent the cca recorded on the 14th March

[bella2007]

Thanks Karnevil ... Can we dispute the Overlimit charges as a defense if the cca comes back before the 28 days are up.

 

( I read someone's thread which said that over limit charges where unlawful do you know if this is correct)

 

Also can we use the fact that EGG have not tried to resolve this matter via corresponding with us totally ignoring our offer! I read somewhere that the court does not favour wasting court time under the new civil procedure rules where the two parties involved have tried to avoid the start of procedings "to act reasonable" (we have tried but egg have not)

 

What do you think

[bella2007]

Great thanks for your help we will read and digest and get the acknowledgement off tomorrow..... will keep you informed of how we get on...

 

Will start another thread re:Barclays /Mercers once this is all sent

 

Thanks again

[bella2007]

Thanks Karnevil you have really put our minds at ease. It is comforting to know that their are genuine people that care and give good advice when sometimes you just don't know where to turn.

[bella2007]

Ok thanks we have not sent out a sar request yet is their a template for this as I looked in the templates section I could see all the other letters but not a sar.

[bella2007]

Sorry found the sar template!! It was only the first one!

[bella2007]

Just to let you know we have sent off the acknowlegement of service form to give us an extra 14 days to prepare our defence.

 

will let you know if we get our requested cca from egg!

 

At least it has given us some extra time thanks again.. Also just sent off letter to barclaycard re: harrassment from Mercers their subsidury who as most of you already know are a dormant company. should i start a new thread re: Barclays or continue in this one!

[bella2007]

Just to let you know the latest our acknowledgement to the court proceedings has been recieved giving us an extra 14 days to defend our case.

 

However just found out that the recorded mail for both our requests for a cca and a sar have not been confirm via the royal mail tracking service.

 

A copy of the cca request was sent to eggs solicitors they acknowledge receipt and stated that they have requested a copy to be sent to us...But again have heard nothing!

 

 

Any suggestions what we do next.

[WormHasTurned]

Bella, this thread, and the advice by Laiste, is worth reading. (Again I'm new to all this so in no position to advise)

 

 

http://www.consumeractiongroup.co.uk/forum/general-debt/73679-illegal-ccj-account-desperate.html

[bella2007]

Thanks Worm will read

[The Lantana]

bella, when you get the agreement post it up here for review.

 

Egg agreements that I've seen are flawed and IMHO unenforceable. In particular the borrowers signature should be on the same page as the key financial terms, and there should be a note about cancellation rights - but there isn't!

 

Egg got a ccj against my brother. If I'd known then what I know now I doubt it would have happened.

 

Regards

 

Lantana

[bella2007]

Will do Latana ....... I am a bit happier as I phoned up EGG and they have recieved my request for a cca on the 16th March But have not noted the SAR but they said it may be because someone has not entered it into the system yet!! :o

 

Should I wait and ask in a couple of days or should I send a letter like Laiste did for Electric lemon (thanks again Worm)

 

Mrs Electric Lemon

XXXXX

XXXXX

Devon

 

27th March 2007

 

Claim Number: XXX XXXXX

Account Number: XXXX XXXX XXXX XXXX

 

 

Dear Sir/Madam

 

I have received the Court claim filed by your company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This letter supercedes the Data Protection request made to GE Capital recently. The information must be furnished by the 7th April 2007, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an order enforcing your compliance will be sought.

 

The following information is required:-

I hereby request all data that GE Capital hold on me from all relevant filing systems, to include a complete list of all transactions and charges on my account formerly held with GE Capital. I also require a transcript of all recorded phone calls pertinent to this account and all notes made in relation to those calls.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of GE Capital, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with GE Capital.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

A true copy of the original signed agreement between myself and GE Capital.

 

A genuine copy of the deed of assignment. Between your Company and GE Capital.

 

Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

 

Details of any collection charge 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 covers.

 

A true copy of any Default Notice issued in respect of this account.

All Data in respect of this account held in the relevant filing systems of CL Finance, including details of all telephone calls made by your organisation to my home and work telephone numbers and notes made in respect of those calls.

 

Specific details of the fees/charges levied by CL Finance in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

I look forward to your co-operation in this matter and receiving the documentation by the 7th April. Additionally, as the information requested contains sensitive personal details, I expect it to be sent by guaranteed next day delivery, to ensure its safe arrival.

 

Yours faithfully,

 

 

 

Mrs Electric Lemon

 

For all the thread click below

 

http://www.consumeractiongroup.co.uk/forum/general-debt/73679-illegal-ccj-account-desperate.html

 

 

So we have untill Tues 3rd for Egg to send the CCA And we have to make a defense by the 10th but I don't think we will get the SAR back in time:(

[The Lantana]

Procedure isn't my strong point bella, sadly, so I'm not sure about which letters to get writing. You should certainly see the agreement well before court, it is essential to your defence. Also, insist that they produce the original on the day.

 

What I can and will help with is unpicking the agreement, get it posted here asap.

 

Regards

 

Lantana

[electric lemon]

Hi Bella,

 

I didnt know I was famous!!!!!!!

 

Hey I stumbled upon your thread by mistake but am sure glad that I did!

 

Good luck honey - so much time & energy...so much stress:( . I'm so sorry that you have to go through this too.

 

Good luck reading through my thread....it's looooooooooong!!! (but very beneficial).

 

I guess this classes us as 'court-buddies'!!! Ghastly really, but there's comfort in numbers eh;)

 

I do hope that things work out for you - I sure as hell hope they do for the both of us. One thing Bella....it wouldnt be for the lack of trying & hard work & energy from us & all around us here.

 

Don't know what I'd do without these guys.

 

Keep in touch.

Best wishes,

Electric:D

[bella2007]

Thanks Electric,

 

Thanks to Worm for getting to your thread and yes it is great that the guys on here are full of knowledge and can help us!

Yesterday I was shaking because of the thought that I had gone to all the trouble to send out all the recorded cca and sar and the court letters off only to find all of them did not register as being signed for but had to ring up the court and egg.

Eventually got through and had confirmation that the court got my acknowledgement and egg got my cca request but not sure about the SAR! But after reading your thread and especially loads of hugs to Laiste I am about to copy and send off the letter to request everything that they have on record about me.

 

I will keep you informed what happens and hope you too have a satisfactory conclusion to your problem lots of hugs and many thanks again to all those helping.

 

(you don't know how much it means to me and my hubby from not having a clue to now preparing our defence like proper professionals!) Good luck everyone and Good night Better finish off this letter and get some sleep!

[bella2007]

Thanks Electric,

 

Thanks to Worm for getting to your thread and yes it is great that the guys on here are full of knowledge and can help us!

Yesterday I was shaking because of the thought that I had gone to all the trouble to send out all the recorded cca and sar and the court letters off only to find all of them did not register as being signed for but had to ring up the court and egg.

Eventually got through and had confirmation that the court got my acknowledgement and egg got my cca request but not sure about the SAR! But after reading your thread and especially loads of hugs to Laiste I am about to copy and send off the letter to request everything that they have on record about me.

 

I will keep you informed what happens and hope you too have a satisfactory conclusion to your problem lots of hugs and many thanks again to all those helping.

 

(you don't know how much it means to me and my hubby from not having a clue to now preparing our defence like proper professionals!) Good luck everyone and Good night Better finish off this letter and get some sleep!

 

Here is my Letter any comments before I send it off

 

Mrs BELLA2007

XXXXX

XXX

XXX

XXX

XXX

 

28th March 2007

 

Claim Number: XXXXXXXX

Account Number: XXXXXXX

Dear Sir/Madam

 

I have received the Court claim filed by your company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This letter supercedes the Data Protection request made to EGG BANKING PLC recently. The information must be furnished by the 9th April 2007, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an order enforcing your compliance will be sought.

 

The following information is required:-

I hereby request all data that EGG BANKING PLC hold on me from all relevant filing systems, to include a complete list of all transactions and charges on my account held with EGG BANKING PLC. I also require a transcript of all recorded phone calls pertinent to this account and all notes made in relation to those calls.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of EGG BANKING PLC, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account held with EGG BANKING PLC.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

A true copy of the original signed agreement between myself and EGG BANKING PLC.

 

Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

 

Details of any collection charge 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 covers.

Specific details of the fees/charges levied in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

A true copy of any Default Notice issued in respect of this account.

I look forward to your co-operation in this matter and receiving the documentation by the 9th April. Additionally, as the information requested contains sensitive personal details, I expect it to be sent by guaranteed next day delivery, to ensure its safe arrival.

 

Yours faithfully,

 

 

 

Mrs Bella2007

[WormHasTurned]

Worm's Introduction Agency ..mmm has a ring to it!