Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defend?

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

CPR rule 20

Best to go read it if youre not sure what a part 20 is.

Ok.will do.thanks. It's been awhile since I last read on any legal readings. Since I lost to Amex a couple of years ago actually. Nearly lost the will to live after that battle and that after also paid for a barrister but have to think about my kids. So now need to brush up on all these again.

thanks again for your help

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Just read up CPR Part 20 so now understand what PT was talking about..

Counterclaim against a person other than the claimant

20.5
(1) A defendant who wishes to counterclaim against a person other than the claimant must apply to the court for an order that that person be added as an additional party.
(2) An application for an order under paragraph (1) may be made without notice unless the court directs otherwise.
(3) Where the court makes an order under paragraph (1), it will give directions as to the management of the case.

Defendant’s additional claim for contribution or indemnity from another party

20.6
(1) A defendant who has filed an acknowledgment of service or a defence may make an additional claim for contribution or indemnity against a person who is already a party to the proceedings by –
(a) filing a notice containing a statement of the nature and grounds of his additional claim; and
(b) serving the notice on that party.
(2) A defendant may file and serve a notice under this rule –
(a) without the court’s permission, if he files and serves it –
(i) with his defence; or
(ii) if his additional claim for contribution or indemnity is against a party added to the claim later, within 28 days after that party files his defence; or
(b) at any other time with the court’s permission.

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Now I understand what PT was trying to say, I guess the deadline of the 20th given by Shoesmith does not matter. What matter most is that I need to do a counterclaim against Egg for the PPI part of that claim and once I put Egg as a party in this proceeding I can get an indemnity from Egg.

In the absence of statements, I estimated that Egg owe me about £5k that will help reduce the amount I need to pay.

I think I need to investigate on this site how people put together a POC towards Egg. Anybody knows any link relating to this?

[pt2537]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Now I understand what PT was trying to say, I guess the deadline of the 20th given by Shoesmith does not matter. What matter most is that I need to do a counterclaim against Egg for the PPI part of that claim and once I put Egg as a party in this proceeding I can get an indemnity from Egg.

In the absence of statements, I estimated that Egg owe me about £5k that will help reduce the amount I need to pay.

I think I need to investigate on this site how people put together a POC towards Egg. Anybody knows any link relating to this?

Perhaps it may be worth indicating your intention to seek to add Egg to the claim, to shoosmiths.

It may be worth while doing they may want to avoid that and may be prepared to reduce the debt to a managable sum

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Reading that again above, I don't need to do a POC but apply to court for an order.

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Perhaps it may be worth indicating your intention to seek to add Egg to the claim, to shoosmiths.

It may be worth while doing they may want to avoid that and may be prepared to reduce the debt to a managable sum

Yes I think that's what I will do tomorrow Pt. I will e-mail Shoesmith tomorrow and state that I am applying to court for an order that Egg be added as an additional party as Defendant unless they agree to reduce the loan to exclude PPI plus interest.

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Do you know if anybody else has done this before?

Reason I ask is I am now wondering what to write in that application to court for Egg to be included as an additional party as Defendant. If I have this drafted & include it in my e-mail to Shoesmith then you never know....

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Hi

I was planning to send a letter to Shoosmith in the past few days but life's (kids & work) got in the way so didn't get to send it. I have now drafted an e-mail which I am going to send to a Mr Foley tomorrow and am wondering if you guys can advise me or give opinion if its good enough to send.

I am responding to the letter from Shoosmiths LLP dated 7^th January 2014 reference xxxxxx /xxx inviting me to withdraw my defence and consent to judgment being entered.

I have been contacted by Canada Square Operations, formerly known as Egg Banking Plc informing me that I belong to a group of customers whose PPI was mis-sold.

Following on from that information, I therefore believe that I am not liable for the total amount of £14,991.34. Should you continue to pursue the amount of £14,991.34 from myself, I will make an application to court for an order that Canada Square Operations is added as another defendant to the claim.

I will wait for your respond by 4 pm 29^th January before submitting my application to court for an order to include Canada Square Operations as another defendant.

As I am suppose to respond to them by 4pm 20th January, would this respond suffice? What do you all think?

[mystery1]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

It'll make them think. You aren't playing with procedure but are in fact negotiating so the deadlines are of your own choosing and not really enforceable. The deadlines you set may however be of use when determining costs in the case as the reasonableness of the parties would then come in to play.

Don't get too hung up on their deadline. Whilst it is best to contact them before expiry it is not a statutory rule. For me it would now be reasonable to await a reply from them if you sent them something like that. It does not however mean they won't ignore it. As in all litigation it is impossible to predict what they'll do. As long as you meet court deadlines and comply with court orders then pretty much everything else depends entirely on both parties in the litigation.

M1

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Hi M1,

Thanks for responding. I can't afford for this case to continue and go to Fast track but at the same time am also trying to fight to pay only the right amount. Hence why I am a bit hung up about meeting their deadline.. who knows what they going to do if I don't respond on time. I am already stressed out as it is..

If in your opinion that letter looks ok and there is nothing to change then I will e-mail it tomorrow and wait for their respond.

In the meantime, still searching for threads here of members who has gone through or currently going through a part 20. Do you know any? Could you give me a link? Tried advance search on forum but found no thread link to part 20.

[Amethyst]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Just to help with searching on counterclaims from on here https://www.google.com/search?as_qdr...es.info/forums - also do similar on CAG et al. Sometimes Google works better only it doesn't pick up VIP threads.

http://www.consumeractiongroup.co.uk...ceived./page18 may be of some help - it seems similar but, as usual, outcome not know as thread tails off after defence to counterclaim.

http://www.consumeractiongroup.co.uk...et-aside/page9

http://www.consumeractiongroup.co.uk...ceived./page11


Adding a part 20 defendant would be a N244 application to amend your defence and add part 20 counterclaim I believe but worth asking PT on that front.

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Hi all,

I sent the letter below on 17th January to Shoosmith and till this day I have not received any respond from them nor heard anything from the court.

I have not submitted any N244 to court to add a part 20 defendant as yet as I am trying to settle this out of court but am not sure exactly what I should do next on this matter as Shoosmith has not responded. I don't particularly want to submit N244 to add Egg as a defendant so what do I do now. Do I just stay quiet (its nerve-racking waiting for a respond!) or should i be doing something? Any guidance greatly appreciated.

I am responding to the letter from Shoosmiths LLP dated 7^th January 2014 reference xxxxxx /xxx inviting me to withdraw my defence and consent to judgment being entered.

I have been contacted by Canada Square Operations, formerly known as Egg Banking Plc informing me that I belong to a group of customers whose PPI was mis-sold.

Following on from that information, I therefore believe that I am not liable for the total amount of £14,991.34. Should you continue to pursue the amount of £14,991.34 from myself, I will make an application to court for an order that Canada Square Operations is added as another defendant to the claim.

I will wait for your respond by 4 pm 29^th January before submitting my application to court for an order to include Canada Square Operations as another defendant.

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Just another question, what happen to the court case if shoo smith stay silent?

[mystery1]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

It'll be stayed.

M1

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Hi

I didn't hear anything from Shoosmith since I sent the letter above and I did not sent the application to court either because everything has gone silent. i received the letter below yesterday from the court stating that the claimant has applied for the stayed to be lifted and that the application has been granted. having said that it also stated that i can apply and state my objection. Question is now:

1) which form do I use to do apply setting out my objection for the lift being granted?
2) how much is it going to cost me?
3) What i want to write in my objection is about how I disagree on the amount as it includes illegal PPI and that I have been waiting for them to give me an amount that excludes PPI. Is this a good reason for objecting the lift being granted? can i do this & how do I write in a "legal" way on the application/
4) together with this judgment is allocation to fast track N181. Am I too late to to apply to bring in Egg now?