County Court Procedings by EGG

[Guest ArthurP]

Well i never knew that. EGG are going to get one hell of a shock!

 

Go get em'

 

Too right!

 

I haven't got everything together as yet but it's going to be a fantastic feeling when I send a demand of £1500 to Egg to reimburse me or else I'll pass it on to my collections department with added costs!!

 

As the firm has gone bust I need not supply them with anything either, like receipts, paperwork concerning the trancaction, as my Egg statement is proof enough!!

 

I'm loving it.

[powelll]

MBNA - V aggressive & nunhelpful according to many clients I have spoken to ( I'm a debt adviser )

[Guest ArthurP]

MBNA - V aggressive & nunhelpful according to many clients I have spoken to ( I'm a debt adviser )

 

 

Clearly no fans of MBNA on here folks! Anybody got anything good at all to say about them?

 

I can say Halifax One card have been great with me. Fully understood my position and sympathised, froze interest, withdrew charges of the last six weeks or so and have given me a 12 month token payment period of £5 per month.

 

And they wished me luck in a letter!:o

[bella2007]

Hi Laiste,

 

Hope everything is ok with you.

 

Been having probs with internet just to let you know we got a letter from the court notice of transfer of proceedings. And we need to fill out an allocation questionaire. by the 20th May at the latest.

 

I am at a local hotel using their broadband but hopefully will be up and running from tomorrow.

 

Bella

[Laiste]

Hi Bella,

 

This is the letter I propose we send to the solicitors. As always, send it by guaranteed delivery. Am I correct in believing the first letter from the sols was dated the 21st April 2007? Obviously, amend that date in the letter if I've got it wrong. I don't know what date was on the 2nd letter hence the question marks. I hope this is okay.

 

Dear Sir/Madam,

 

I am writing in response to your letters dated the 21st April 2007 and ????? 2007.

 

You have requested in your letter of the 21st April 2007, that I assist you to "narrow the issues in dispute," regarding the averment made in the Defence, in respect of the alleged agreement. I am under no obligation and neither do I intend to at this stage, elaborate on the points already detailed in the Defence, regarding the purported agreement's failure to comply with Section 60 and 61 of the Consumer Credit Act 1974 and the Consumer Credit (Agreement) Regulations 1983.

 

I note the comments in your second letter of ???? 2007 and the enclosure of a copy of your initial letter. I have absolutely no intention of confirming that I will not take the point further in respect of the alleged agreement. It is denied that your client has furnished a valid credit agreement pursuant to the Consumer Credit Act 1974, and I will be submitting a counter-claim to include further particulars specifically addressing this very issue, amongst others in due course.

 

Having considered the issues raised in my Defence with your client; I would like an explanation as to why your clients have not only failed to comply with my original Data Protection request, but are continuing to ignore said said request, despite it having been included in the Defence as a reason for my inability to file a counter-claim?

 

Your clients are wilfully obstructing the legal process by their non-compliance. I am therefore putting your clients on notice that if all of the information requested under Section 7 of The Data Protection Act 1998, is not furnished within 14 days of receipt of this letter, I will apply to the Court for an Order compelling your client's compliance. Furthermore, the Court will be informed of your client's attempts to frustrate these proceedings by not providing the information lawfully requested; and whilst said non-compliance continued, unreasonably requested information and assurances from me to secure an advantage in this case.

 

I look forward to your prompt response.

 

Yours faithfully,

 

There you have it! This letter should wind them up no end, we'll have to wait and see what their response is! I can't see them being very happy when they read it, but they'll know you mean business!

 

Regards,

 

Laiste.

[GaryH]

So good you named it twice!

 

No seriously, great stuff once again Laiste.

[Laiste]

Hi Gary,

 

Many thanks for your kind words. My ability to use a computer effectively doesn't seem to improve unfortunately!

 

Best wishes,

 

Laiste.

[bella2007]

Thanks Laiste

 

I will send the letter recorded as you mentioned.

 

Did you read my previous post re: court transfer and allocation questionaire!

 

when I get back up (now using a very slow dial up!) and keeps crashing!

 

I will PM you with some new info

 

Bella:)

[Laiste]

Hi Bella,

 

Don't send it by recorded delivery, it's not a guaranteed service and you really don't want important letters and documents to go missing during the proceedings. You really need to send it by guaranteed next day delivery, which will cost about £4.10, if you opt for delivery by 1pm. Earlier delivery is more expensive and unnecessary as very often the 1pm service gets there early am anyway.

 

The allocation questionnaire is very straightforward and the 20th gives us plenty of time complete it.

 

Further information...? I'm intrigued!

 

Regards,

 

Laiste.

[bella2007]

Thanks Laiste,

 

I will use guaranteed next day delivery. I am doing the letter now.

 

Regards,

Bella:)

[jampot]

Subscribing... good luck Bella!

[bella2007]

Thanks Jampot,

 

Anyway will fill you all in on some new developments

 

Just need to iron out a few things first before posting!

 

Bella:)

[Pliny the Penuriosus]

Hi Bella,

 

This is the letter I propose we send to the solicitors. As always, send it by guaranteed delivery. Am I correct in believing the first letter from the sols was dated the 21st April 2007? Obviously, amend that date in the letter if I've got it wrong. I don't know what date was on the 2nd letter hence the question marks. I hope this is okay.

 

Dear Sir/Madam,

 

I am writing in response to your letters dated the 21st April 2007 and ????? 2007.

 

You have requested in your letter of the 21st April 2007, that I assist you to "narrow the issues in dispute," regarding the averment made in the Defence, in respect of the alleged agreement. I am under no obligation and neither do I intend to at this stage, elaborate on the points already detailed in the Defence, regarding the purported agreement's failure to comply with Section 60 and 61 of the Consumer Credit Act 1974 and the Consumer Credit (Agreement) Regulations 1983.

 

I note the comments in your second letter of ???? 2007 and the enclosure of a copy of your initial letter. I have absolutely no intention of confirming that I will not take the point further in respect of the alleged agreement. It is denied that your client has furnished a valid credit agreement pursuant to the Consumer Credit Act 1974, and I will be submitting a counter-claim to include further particulars specifically addressing this very issue, amongst others in due course.

 

Having considered the issues raised in my Defence with your client; I would like an explanation as to why your clients have not only failed to comply with my original Data Protection request, but are continuing to ignore said said request, despite it having been included in the Defence as a reason for my inability to file a counter-claim?

 

Your clients are wilfully obstructing the legal process by their non-compliance. I am therefore putting your clients on notice that if all of the information requested under Section 7 of The Data Protection Act 1998, is not furnished within 14 days of receipt of this letter, I will apply to the Court for an Order compelling your client's compliance. Furthermore, the Court will be informed of your client's attempts to frustrate these proceedings by not providing the information lawfully requested; and whilst said non-compliance continued, unreasonably requested information and assurances from me to secure an advantage in this case.

 

I look forward to your prompt response.

 

Yours faithfully,

 

There you have it! This letter should wind them up no end, we'll have to wait and see what their response is! I can't see them being very happy when they read it, but they'll know you mean business!

 

Regards,

 

Laiste.

 

Excellent letter Laiste.

 

The poster may wish, under a separate heading to also S.A.R - (Subject Access Request) the solicitors with the following: which will REALLY pee thyem off

 

Date:

YOUR REF:

OUR REF:

 

Their Name & Address

 

 

Your Name & Address

 

 

 

Special Delivery

 

S.A.R - Subject Access Request Data Protection Act 1998

 

 

 

Dear Madam or Sir:

 

RE: YOUR CLIENT

As per the Data Protection Act 1998 (Date Protection Act) I require that you supply me with any and all data in your possession which, in anyway appertains to myself including true copies of any properly executed agreements, statements of account all internal and external correspondence, memo’s, telephone attendance notes, internal and external emails

If your client is not the original creditor please also supply a true copy of their letter of assignment or if acting on behalf of another a true copy of their predated authority to bring this action.

I enclose the statutory fee of £10 by way of a postal order and remind you that you have 40 days in which to comply

Also please note that for the avoidance of doubt and to expedite matters if you claim exemptions from the Data Protection Act under part IV section 35 I would respectfully remind you of the following:

Data Protection Act part IV section 35 (2) states "personal data is exempt from the non-disclosure provisions" In addition Part II section 7 (legal guidance notes) "There are no exemptions from the right of access where civil legal proceedings are contemplated or ongoing"

I await your prompt responses

 

 

Yours faithfully

 

CC To the court and all other parties

 

PS Suggest you change the red back to black

[yaffsimone1]

Hi Bella,

 

I have been keeping an eye on the thread. I know there is just over a week to go (20th May) but have you had any response from Egg's solicitors? I hope you dont mind me asking, im familiarising myself for my spat im going to have with Egg!

[yaffsimone1]

Sorry Bella i didn't see the date on your last thread!!! Ignore me...

[bella2007]

Hi Laiste,

 

I know you are a busy bee and I hope you did not mind me pming you yesterday.

 

We received a letter from Egg's Solicitor's today:

 

 

 

Dear Madam

Egg Banking Plc v Yourself

We refer to the above matter

Thank you for your letter dated 7th May 2007 and we note the contents therein.

Pursuant to the Civil Procedure Rules, by which this case is governed, the parties are encouraged to try and narrow the issues in dispute which is what we are attempting to do given the fact our client clearly has complied with the request for a copy of the agreement you made thus, this section of your defence is clearly without merit. Should you pursue this issue then we reserve the right to produce this letter to the court should the need arise.

Should you wish to amend your defence, we suggest that this is done as a matter of urgency and before directions are set to take this matter forward. If you would like to let us have a copy of your amended defence and counter-claim (if you wish to bring one) we will seek our client’s instructions to see whether they are prepared to grant permission for such a pleading to be filed and served; please note that you will require either our clients permission or the court’s permission to lodge an amended defence and/or counter-claim.

In relation to your Subject Access Request, we are seeking our client’s instructions in relation to this and will revert back to you shortly.

We look forward to hearing from you.

Yours faithfully

Drydens

 

 

We need to send the alocation questionnaire on thursday what do you think we should do bearing in mind the pm we sent you yesterday!

 

Bella

[Pliny the Penuriosus]

If your the defendant I suggest writing & telling them that you intend to ask the court to dismiss their claim on the grounds that they have failed to comply with statutory regulation & should not according to law be trying to enforce the debt. That their clients failure to supply a properly executed agreement is a complete defence against enforcment. In addition they should note that without the said properly executed and signed agreement a court cannot make an order for enforcement.

[Laiste]

Hi Bella,

 

I got your PM and I will reply to that tommorow if that's ok. Suffice to say, don't do anything in relation to the matters raised in that message until I've replied-I know you understand what I mean.

 

The allocation questionnaire can be filled in on Thursday and sent by g/d which will be fine, don't worry. It will take no time to fill it in and I'll walk you through the detail. If you would be happier speaking to me on Thursday and going through the form over the phone, I am more than happy to give you my number and we can set up a mutually convenient time. As you will be aware you need to do g/d by 5pm at the absolute latest, so it's best to do it at 4.30pm or before, to be safe!

 

I read the latest reply from the Claimants with a mixture of bemusement and incredulity. Having not complied with your SAR, they believe it is their entitlement to know what your legal arguments are, having denied you the opportunity to file a c/c by not furnishing said information, priceless! I must admit to getting quite p****d off upon reading their latest diatribe. My language was quite colourful for about half an hour as I related the particulars of their letter to my husband! Don't worry he's bound by Laiste confidentiality clauses!;-) They need not worry about invoking their perceived right to show our last letter to the Court, we'll do it for them, whilst we're applying for an enforcement Order! What sanctimonious cretins, explaining your obligations under the CPR, when they have ignored your SAR, how many times.....?

 

What they are trying to do, is get advance notice of any viable claims or not as the case may be, that you have, and if you do have a relevant claim, they will issue a Notice of Discontinuance, concluding proceedings! So essentially any valid claim you do have will have to be started by you, at your own expense and the burden of proving the case falls to you, because you have instigated the claim! Hence all their manoeuvrings and threats in your case! If they believe you have a claim they will run away and they want to do this before you get the chance to submit a counter-claim! Once a c/c is filed, if there is a chance they will lose, they either have to negotiate a settlement with you, or they simply abandon the case entirely and have to pay the full amount stated in your counter-claim-which they want to avoid! There's a lot riding on not supplying you the info, it allows them to continue pursuing you and threatening huge, inflated legal costs in an attempt to force you to come to some agreement. Personally, I don't respond well to threats, it makes me dig my heels in more, but of course this is your situation, I'm just expressing my utter contempt for Companies and Solicitors that use mendacious, despicable and highly questionable methods to exert pressure.

 

We will respond to the most recent letter this weekend. It is complete and utter nonsense, that you need to provide ID. Yes this was originally a DPA request, but now this matter is the subject of legal action and by virtue of the fact that a Court claim has been issued to you, they know who you are and have to furnish what has been requested under the rules of disclosure, without you having to prove who you are! What, they want to enforce a debt against you and are happy to accept your address as valid for serving the claim, but now you have to prove who you say you are....? Utter you know what, with a capital B!

 

If I had the time I would ask you to file an app notice now, as I really don't appreciate the thinly veiled threats in the last letter. By my reckoning, time is up for them on the 21st, so we can put together the app notice and letter to file on that date or as soon as is practicable. I am going to trial on the 23rd May, so if you want file an app notice, we need to get it sorted out this weekend.

 

I hope my rant addresses most of your concerns. If I've missed anything let me know.

 

Regards,

 

Laiste.

[NitrousOxide]

Hi Laiste,

Dear Madam

 

Egg Banking Plc v Yourself

 

We refer to the above matter

 

Thank you for your letter dated 7th May 2007 and we note the contents therein.

 

Etc. etc.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

Drydens

 

 

Bella

They are trying to scare you into believing they have complied. They also say for you to change your defence. Sounds to me like they are hoping you will change your defence.

As Laiste has mentioned, you would benefit from a valid counter claim.

[ODC]

A great post from Laiste. More brains and common sense than all the DCAs and Tracing Agents put together

[Pliny the Penuriosus]

Hi Bella,

 

I got your PM and I will reply to that tommorow if that's ok. Suffice to say, don't do anything in relation to the matters raised in that message until I've replied-I know you understand what I mean.

 

The allocation questionnaire can be filled in on Thursday and sent by g/d which will be fine, don't worry. It will take no time to fill it in and I'll walk you through the detail. If you would be happier speaking to me on Thursday and going through the form over the phone, I am more than happy to give you my number and we can set up a mutually convenient time. As you will be aware you need to do g/d by 5pm at the absolute latest, so it's best to do it at 4.30pm or before, to be safe!

 

I read the latest reply from the Claimants with a mixture of bemusement and incredulity. Having not complied with your S.A.R - (Subject Access Request), they believe it is their entitlement to know what your legal arguments are, having denied you the opportunity to file a c/c by not furnishing said information, priceless! I must admit to getting quite p****d off upon reading their latest diatribe. My language was quite colourful for about half an hour as I related the particulars of their letter to my husband! Don't worry he's bound by Laiste confidentiality clauses!;-) They need not worry about invoking their perceived right to show our last letter to the Court, we'll do it for them, whilst we're applying for an enforcement Order! What sanctimonious cretins, explaining your obligations under the CPR, when they have ignored your S.A.R - (Subject Access Request), how many times.....?

 

What they are trying to do, is get advance notice of any viable claims or not as the case may be, that you have, and if you do have a relevant claim, they will issue a Notice of Discontinuance, concluding proceedings! So essentially any valid claim you do have will have to be started by you, at your own expense and the burden of proving the case falls to you, because you have instigated the claim! Hence all their manoeuvrings and threats in your case! If they believe you have a claim they will run away and they want to do this before you get the chance to submit a counter-claim! Once a c/c is filed, if there is a chance they will lose, they either have to negotiate a settlement with you, or they simply abandon the case entirely and have to pay the full amount stated in your counter-claim-which they want to avoid! There's a lot riding on not supplying you the info, it allows them to continue pursuing you and threatening huge, inflated legal costs in an attempt to force you to come to some agreement. Personally, I don't respond well to threats, it makes me dig my heels in more, but of course this is your situation, I'm just expressing my utter contempt for Companies and Solicitors that use mendacious, despicable and highly questionable methods to exert pressure.

 

We will respond to the most recent letter this weekend. It is complete and utter nonsense, that you need to provide ID. Yes this was originally a Data Protection Act request, but now this matter is the subject of legal action and by virtue of the fact that a Court claim has been issued to you, they know who you are and have to furnish what has been requested under the rules of disclosure, without you having to prove who you are! What, they want to enforce a debt against you and are happy to accept your address as valid for serving the claim, but now you have to prove who you say you are....? Utter you know what, with a capital B!

 

If I had the time I would ask you to file an app notice now, as I really don't appreciate the thinly veiled threats in the last letter. By my reckoning, time is up for them on the 21st, so we can put together the app notice and letter to file on that date or as soon as is practicable. I am going to trial on the 23rd May, so if you want file an app notice, we need to get it sorted out this weekend.

 

I hope my rant addresses most of your concerns. If I've missed anything let me know.

 

Regards,

 

Laiste.

 

Well said Laiste

 

Whilst it may no longer be required here may I suggest the following SAR which is specific to solicitors.

 

Please note: The red highlighted para should be returned to black.

 

Date:

YOUR REF:

OUR REF:

Special Delivery

SAR (Subject Access Request) DPA (Data Protection Act) 1998

Their Name & Address Your Name & Address

Dear Madam or Sir:

RE: YOUR CLIENT

As per the DPA 1998 (Date Protection Act) and whilst this list is not exhaustive I require that you supply me with any and all data in your possession which, in anyway appertains to me including true copies of any properly executed signed agreements, statements of account all internal and external correspondence, memo’s, telephone attendance notes, internal and external emails

If your client is not the original creditor please also supply a true copy of their letter of assignment or if acting on behalf of another a true copy of their predated authority to bring this action.

If you for any reason decide to withhold any data pleas advise me of your decisions at the earliest opportunity together details of the material being withheld and your reasons in order that I might give such you response due consideration.

I enclose the statutory fee of £10 by way of a postal order and remind you that you have 40 days in which to comply.

May I confirm, as the ICO has stated, that the 40 day time limit is not to be guide for responding to the request but is the maximum period allowed in law and that whenever possible a data controller should proceed with all possible expediency in complying with a SAR.

Also please note that for the avoidance of doubt and to expedite matters if you claim exemptions from the Data Protection Act under part IV section 35 I would respectfully remind you of the following:

Data Protection Act part IV section 35 (2) states "personal data is exempt from the non-disclosure provisions" In addition Part II section 7 (legal guidance notes) "There are no exemptions from the right of access where civil legal proceedings are contemplated or ongoing"

I await your responses

Yours faithfully

CC To the Court (if proceedings issued) and all other parties

[bella2007]

Laiste thank You AGAIN!

 

Everytime we get a letter from The ********!!! we feel so down then when we read your response you make us feel so good:(

 

We really felt intimidated by that last letter:o

 

We would appreiciate any help you can give I am off work tomorrow so can't get time off on Thursday so I was going to suggest maybe sometime Thursday evening as my husband can deliver the letter by hand to the local court on the Friday. (If that is possible to do).

 

Regards,

Bella

 

PS what is a app notice! Sorry for my ingnorance:rolleyes:

 

Thanks for your input Piny:)

 

Would love to do as much as we can to them as they deserve to be taught a lesson:roll: As Laiste states they surely must know the law and the right procedures etc...but they are trying underhand tactics to frighten us into submition.

[ODC]

Laiste thank You AGAIN!

 

Everytime we get a letter from The ********!!! we feel so down then when we read your response you make us feel so good:(

 

We really felt intimidated by that last letter:o

 

We would appreiciate any help you can give I am off work tomorrow so can't get time off on Thursday so I was going to suggest maybe sometime Thursday evening as my husband can deliver the letter by hand to the local court on the Friday. (If that is possible to do).

 

Regards,

Bella

 

PS what is a app notice! Sorry for my ingnorance:rolleyes:

 

Thanks for your input Piny:)

 

Would love to do as much as we can to them as they deserve to be taught a lesson:roll: As Laiste states they surely must know the law and the right procedures etc...but they are trying underhand tactics to frighten us into submition.

DONT let them bully you. They are trying to scare you. Stick with Laiste and she will sort them out for you

[bella2007]

Thank you ODC

[Laiste]

Hi Bella,

 

I hope you are well. It is perfectly understandable that you felt deflated and intimidated by their last letter, that was their intention, to coerce you into submission. Certainly from what you've explained has happened since they received our last letter, we've rattled them! My husband often pays me the backhanded compliment that I know which buttons to press with people, to get a particular response! It's a useful skill, rightly or wrongly, as legal disputes are as much about mind games as they are about law!

 

That said, I was less than amused when I read their latest diatribe. It is inconceivable that having continuously refused to furnish you with the info you are legally entitled to, they think they are in a position to issue threats in a bid to ratchet up the pressure on you. We need to put an end to their threats and procrastination once and for all, we'll do that over the weekend.

 

Okay, regarding the allocation questionnaire,(AQ) we can organise to go through it on Thurs eve. There is no problem with you taking it along to the County Court it has to be returned to. It will state on the AQ which Crt to send/return it to. A couple of points to note, make sure you take a copy of every page of the AQ when it's been completed for your records. You need to make sure you do this with all documents in relation to the case. Get either a datestamped photocopy of the AQ from the Crt when you submit it, or a receipt. You will also need to pick up an Application Notice (get 2 or 3) they always come in handy. Ask a member of staff if not readily available. If you are claiming income support or on a very limited income ask for an exemption booklet, which will mean you won't have to pay to submit the app notice, which costs £65. You won't be submitting the app notice on Fri, that will be used to ask the Court to compel the Claimants to provide the info you have requested. App notices are used when you want permission to do something, say file a c/c out of the normal time for example, or ask the Crt to use its powers in respect of a particular matter. Its used in many scenarios, but that gives you the general idea.

 

The only problem unfortunately that I've got with doing things over the phone, is that I've developed a rather bad ear infection and I can't really hear at all in my left ear, which is causing me real problems. I am having to avoid taking calls! Sorry about that! Can we go through it on here if that's ok. Let me know when you're around tommorow eve.

 

It is usual for the parties to exchange documents during proceedings, the Crt encourages it, so nothing unusual in receiving a copy of their AQ filed at the Crt. What you should do on Friday before the end of business, is fax Drydens the copy of your AQ with a covering letter, which includes the Crt claim no on it. The letter and the copy of the AQ should also then be sent by g/d on Fri to Drydens, so they definitely have the docs in their possession. Of course ordinarily the docs would just be sent by post, but given that Fri is the last day for filing, following up by post is just a safeguard really.

 

The letter to be included with the AQ is very brief indeed. All you need to put are your address, date and claim no. Just put,

 

Dear Sir/Madam,

 

Please find enclosed a copy of the allocation questionnaire by way of service upon you.

 

Yours faithfully,

 

That's it! I will reply to your PM when I get a minute, just flat out at present, with a dodgy ear!

 

Regards,

 

Laiste.