CCJ Assistance - EGG

[tomterm8]

Right.

 

Acknowledgement of Service was received on 3 September 2007 giving us a further 14 days to defend the claim.

 

One problem, the letter I sent to Nelsons did not have the amended timeframe i.e. 14 days to respond reduced to 7 days.

 

So, I am obviously going to have to send a further amended letter to Nelsons by Special Delivery tomorrow.

 

Should I just resend the original with the amendment or also forward a covering letter highlighting the error in timeframes?

 

There's not much point sending the new letter, since by the time you the recieve it, it will make only 4 days difference, and they aren't really required to send your info in only 7 days anyway - 14 is much more reasonable.

 

We'll see what they send back on the CCA request, as that is the most important.

[Saint2K]

Ok, thanks.

 

What happens if the 14 days are up and we have no information?

[tomterm8]

Ok, thanks.

 

What happens if the 14 days are up and we have no information?

 

We will submit a "placeholder" defence, and probably have to ammend the defence later, at a cost of £65 or free if you are on benefits.

[Saint2K]

It's for my friend, and he is not in receipt of benefits, but neither can he afford £65.

 

Would he be able to seek a remission due to his low income and fact that he is massively overdrawn?

 

Also, what is a 'placeholder' defence?

[tomterm8]

It's for my friend, and he is not in receipt of benefits, but neither can he afford £65.

 

Would he be able to seek a remission due to his low income and fact that he is massively overdrawn?

 

Also, what is a 'placeholder' defence?

 

Court Fees - do you have to pay them?

 

(keep on going, because you may be eligable for remission, there is nothing stopping you trying, anyway)

 

 

a placeholder defence is one that basically lays out a defence based on the absence of crucial documents, without which the court can't enforce the debt.

 

We would have little choice in filing one, since we would have no other defence - in the absence of any documents. when the required documents "turn up" you would have no choice to either admit the CCJ or amend your defence.

 

I'm sorry it would cause you hardship to do so... but I don't make the rules; failure to lodge a defence would cause you a great deal of harm, since the claimant would get a CCJ by default.

[Saint2K]

No, I appreciate all your assistance thus far and I just hope my friend would be eligable for a remission if we do need to use a "placeholder" defence.

 

Fingers crossed we will receive the relevant documents to avoid this.

 

If he receives the CCJ it isn't the end of the world, but obviously anything we can do to fight this would be brilliant.

 

No stranger to this area myself, having defended claims previously, I really appreciate the help provided so far.

[Saint2K]

Can I just confirm whilst we are waiting to receive the requested paperwork from Nelsons, after filing the Acknowledgement of Service, how long do we have until we have to enter a defence?

 

Is it 14 days, or 28?

[tomterm8]

Can I just confirm whilst we are waiting to receive the requested paperwork from Nelsons, after filing the Acknowledgement of Service, how long do we have until we have to enter a defence?

 

Call the court (top right hand of the form) and ask them when the defence is due.

[Saint2K]

Call the court (top right hand of the form) and ask them when the defence is due.

 

Will do, thanks again Tomterm.

[Saint2K]

Update:

 

No paperwork whatsoever has been received by my friend from Nelsons, despite our formal request.

 

The defence is due to be entered by the 24th, which is this Monday.

 

We can obviously submit this online, however how do we go about submitting this 'placeholder' defence?

[tomterm8]

Can you post the particulars of claim? can you tell me whether the claim is from egg or a DCA? Also, posting up the default notice (minus personal details) would be helpful.

[tomterm8]

Hi you didn't respond to my questions, so you'll have to amend the standard defence yourself, since I won't be around on monday:

 

 

DEFENCE

 

Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:-

 

The claimants’ particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the account number of the agreement, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant’s claim.

 

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

Consequently, I deny all allegations on the particulars of claim and do not know what case I have to meet.

 

 

Further to the case On DATE I requested the disclosure of information vital to this case from the claimant, in respect of each alleged debt the Claimant has failed to produce any of the information requested. The information requested amounted to copies of the Credit Agreement and how they made up the alleged debt. This information has not been furnished in time for me to file my defence, and so I respectfully ask the permission of the court to amend this defence when and if this information is disclosed.

 

This letter requested copies of any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a list of charges applied to the account.

 

The failure to provide this information, and particularly to provide a list of charges made to the account, frustrates this defence and I therefore respectfully ask that the court grants me permission to amend this defence when I have received the necessary information.

 

 

With respect to the claim, it is denied that I am liable to the claimant as stated in the claim, or at all:

 

 

 

In respect of that which is denied, on the DATE, a request was made under section 78, running account credit, of the Consumer Credit Act 1974, to obtain a copy of a credit agreement that the alleged debt refers to. It was sent by guaranteed delivery to the Claimant’s Solicitors, with the statutory £1.00 fee enclosed. It was received on the DATE, which gave the Claimant twelve working days from receipt of the request, to provide said document, which is stipulated in Regulation 2 of The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983. The claimant has not provided this document. Accordingly, having failed to produce a credit agreement within the requisite timescale or at all, the Claimants are in default of said request under section 78(6)(a) of the Consumer Credit Act 1974.

 

The Defendant denies that there has been any failure to make payment in accordance with the alleged contract. The Claimant has failed to produced a copy of a properly executed credit agreement and in the absence of such an agreement, which conforms to sections 60 and 61 of the Consumer Credit Act 1974, the Defendant avers that no agreement has ever existed for there to have been any failure to make said payment.

 

It is neither admitted or denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant.

 

In respect of that which is denied, during the period in which the Account was operating the claimant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The defendant understands that the claimant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

The defendant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the claimant; exceed any alleged actual loss to the claimant in respect of any breaches of contract on the part of the defendant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Claimant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Claimant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law.

 

 

Accordingly I put the Claimant to strict proof that every charge and collection charge made to the account was valid and lawful. I aver that any default notice sent would have included these charges.

 

I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach.

 

If the claimant sent a default notice that includes unlawful penalty charges, this default notice is invalid under English law for the reason that it is inaccurate and so the claimant may not seek to enforce this debt.

 

Further, the claimant states that I have refused to pay sums due under agreement. In its particulars of claim, it has not explained under what terms of any agreement these sums were due and I put the claimant to strict proof that said monies are due.

 

Having instigated these proceedings without any legal basis for doing so, having failed to provide sufficient information required under the pre-trial protocols in order to investigate this claim, or indeed to provide a reasonable time period to investigate this matter, and having failed to investigate a dispute as required by the OFT Debt collection Guidelines I believe the Claimant’s conduct amounts to unlawful harassment under section 40 of The Administration of Justice Act. Furthermore, the Claimant’s behaviour is entirely vexatious and wholly unreasonable.

[Saint2K]

Hi Tomterm.

 

Which questions have I not answered?

 

Also, is everything that you have posted above to be submitted as our defence, with any relevant amendments of course?

[tomterm8]

post 36.

[Saint2K]

Ah, sorry, I must be blind.

 

I'll update this post in around five minutes with the relevant details.

 

By the way, I do really appreciate your help so far, and I'm quite sure my friend does also.

 

Although I am relatively experienced in similar areas, I bow down to your extensive knowledge in this area

---

Update:

 

The claimant is Egg Plc. Helsons is the soliciters firm acting on behalf of Egg and where all communications must be directed.

 

 

The POC are as follows:-

 

 

"Balance under an agreement regulated by the Consumer Credit Act 1974 made between the defendent and the claimant or its predecessor in title and outstanding at this date. The defendent remains liable for making monthly repayments under the agreement until the outstanding debt is repaid. Invoice/Ref: XXXXX

 

 

Balance Outstanding: 1506.37":)

[Saint2K]

Update as above ^

[tomterm8]

do you have the default notice?

[Saint2K]

I don't have a copy of it, I'll call my friend now and ask if he has a copy.

 

If he does, I won't be able to have a look at it until tomorrow though as he is currently working.

 

Also, in your previous post, part of the defence is in italics, the other is in a normal font, why is this?

[tomterm8]

I don't have a copy of it, I'll call my friend now and ask if he has a copy.

 

If he does, I won't be able to have a look at it until tomorrow though as he is currently working.

 

 

Also, in your previous post, part of the defence is in italics, the other is in a normal font, why is this?

 

OK, well I've amended the defence a little; if you haven't got the default notice with you, I'll put in that you neither admit or deny the dn and leave it up to them to prove it is right.

 

You'll still need to chage any dates etc.

 

As for the italics, sometimes when I cut and paste from word into CAG, it does that... it should all be in one font.

 

Good luck...

 

As i said, egg agreements are normally enforceable, and so i would suggest getting into the mindset that you're going to negotiate... but, you do need the info about charges in order to do that, and it's quite possible they might not turn up to court:)

[Saint2K]

Thank you for the help.

 

Will it cost us money to submit this defence at all?

[tomterm8]

Thank you for the help.

 

Will it cost us money to submit this defence at all?

 

No.

[Saint2K]

Hello.

 

I was hoping someone maybe able to help me.

 

I am currently on a self managed DMP, and I have just received a standing order mandate from Egg which I was going to submit to my bank.

 

However, I notice the only details on the mandate are a sort code. No account number, no reference.

 

Does this seem odd?

 

Can my payment reach their/my account through sort code alone?

 

Appreciate any input on this.

[Hopeful1]

Hello.

 

I was hoping someone maybe able to help me.

 

I am currently on a self managed DMP, and I have just received a standing order mandate from Egg which I was going to submit to my bank.

 

However, I notice the only details on the mandate are a sort code. No account number, no reference.

 

Does this seem odd?

 

Can my payment reach their/my account through sort code alone?

 

Appreciate any input on this.

 

Hi

 

That does seem strange, but i'm sure you would bank would tell you if there's a problem. You could look on their website it would give you info about payments via internet banking. They're the same details you'd use for a standing order