PLEASE HELP! - egg v Mark20 -- MEIII / Mortimer Clarke

[Mark20]

Re: PLEASE HELP! - Northampton Bulk Clearing Centre Form

Hi Guys,

An update! Yesterday I received a letter from my local court to say I have a hearing on 15th July at 11am.

So I think I need to start on my defence. Any pointers other than what was mentioned earlier?

Thanks

Mark

[FlamingParrot]

Re: PLEASE HELP! - Northampton Bulk Clearing Centre Form

An update! Yesterday I received a letter from my local court to say I have a hearing on 15th July at 11am.

So I think I need to start on my defence. Any pointers other than what was mentioned earlier?

Have had a quick look at your thread and can't see very much being mentioned, other than the usual hurdles obtaining documents. Last thing you posted was that you'd submitted an unless order as below:

I have sent over the N244 form, witness statement & order including all the associated documentation via royal mail special delivery, should arrive by no later than 1pm tomorrow. I rang the court and paid the £80 after trying to convince the chap on the phone for 30 mins that it was the right thing to do.

Is the hearing relating to the unless order? Presumably you haven't received the documents you requested. :noidea:

What arguments do you think you have to defend this claim? Did you ever get a copy of your agreement from Egg? From memory, those were often tricky to argue against.

How about the default notice? Did you receive one? A notice of assignment to Marlin? Any PPI on the account? Phone harassment? These are the issues you'd normally be looking into. :thumb:

If you have any documents, it would be good if you could remove your personal details and post them up. :typing:

[Mark20]

Re: PLEASE HELP! - Northampton Bulk Clearing Centre Form

Sorry yes would be useful if I provided some more information.

I have had no correspondence from anyone other than the solicitors. Have no agreement from Egg, no default notice, no transfer of debt letter, I have no letters that say anything about it being in default. It was only by chance I got the clearing form that I knew anything about this, when I called up Fredrickson they said it was transferred and I checked with my bank which showed the funds where being returned each month.

They have not sent anything I have requested in my letters and that is what I put to the court to request it was struck off. I can only go over the evidence I presented to the court as that is pretty much all I have.

I am not worried anymore I have gone past that point I just want the whole mess to be over and done with and from what I can see if they had all the documentation in order I would have received that by now.

[FlamingParrot]

Re: PLEASE HELP! - Northampton Bulk Clearing Centre Form

Sorry yes would be useful if I provided some more information.

I have had no correspondence from anyone other than the solicitors. Have no agreement from Egg, no default notice, no transfer of debt letter, I have no letters that say anything about it being in default.

So you never received a DN when you first defaulted, was it in 2007? Did Egg have your current address at the time?

It was only by chance I got the clearing form that I knew anything about this, when I called up Fredrickson they said it was transferred and I checked with my bank which showed the funds where being returned each month.

Did you have a payment arrangement with Fredrickson and they sold the debt on and started returning your payments without notifying you or sending you a NoA?

They have not sent anything I have requested in my letters and that is what I put to the court to request it was struck off. I can only go over the evidence I presented to the court as that is pretty much all I have.

I am not worried anymore I have gone past that point I just want the whole mess to be over and done with and from what I can see if they had all the documentation in order I would have received that by now.

I note you send a CCA request, presumably they never replied? If that was the case, you can use this in your defence. :thumb:

Thanks Amethyst I really appreciate your response I have looked over the documents and put together the CPR letter. I will sort out the acknowledgement tomorrow and send the CPR letter and CCA including the postal order by recorded mail.

[FlamingParrot]

Re: PLEASE HELP! - Northampton Bulk Clearing Centre Form

I have also found out if a CCJ is placed on my record my job would be at risk due to the work I carry out requires SC clearance. This would seriously affect my business conducting its duties of which I am the sole director. I have read about a Tomlin Order is this something that can be drawn up after the judgement has been made or should I state my issue in my defence?

I sent the letters via recorded mail yesterday and enclosed the £1 postal order. So I suppose time will tell.

A CCJ affecting your job is not something to be stated in your defence, however, non-compliance with a CCA request IS! :grin:

A Tomlin Order has to be drawn up BEFORE judgment, not after. The idea is precisely to avoid a CCJ being recorded against you. :thumb:

[Mark20]

Re: PLEASE HELP! - Northampton Bulk Clearing Centre Form

So you never received a DN when you first defaulted, was it in 2007? Did Egg have your current address at the time?

Yes I did get a letter back in 2007 however I no longer have this, not sure where I have put that.

Did you have a payment arrangement with Fredrickson and they sold the debt on and started returning your payments without notifying you or sending you a NoA?

Yes I did have a payment arrangement with Fredrickson but I didnt get any letter to say the debt was sold on nor did I know about the returned payments until I spoke with my bank

I note you send a CCA request, presumably they never replied? If that was the case, you can use this in your defence. :thumb:

Never replied also called them numerous times, all they say is they are chasing it.

[mystery1]

Re: PLEASE HELP! - Northampton Bulk Clearing Centre Form

Have you ever submitted a defence ? Has the case ever been allocated to a track ?

Might be best to put up a copy of the order minus your name and address.

M1

[Amethyst]

Re: PLEASE HELP! - Northampton Bulk Clearing Centre Form

There's no need to enter a defence at this stage, the hearing is to decide whether to make an order on the terms set out in your draft order (for them to supply the documents).

You might be ordered at that hearing to submit a defence but as things stand (unless there's something unusual on the hearing letter you received - always best to post up a scan or type out in full if possible save any misunderstandings) you will simply be stating that you are unable to defend or admit the debt - basically what you put in your witness statement.

[Mark20]

Re: PLEASE HELP! - Northampton Bulk Clearing Centre Form

I will get a scan up for you shortly, thanks for all your help guys.

[Mark20]

Re: PLEASE HELP! - Northampton Bulk Clearing Centre Form

Hi Guys,

I have uploaded the hearing letter. Seems pretty straightforward.

[Amethyst]

Re: PLEASE HELP! - Northampton Bulk Clearing Centre Form

Indeed that is straightforward as you can get

1 hour seems rather long though I must say.

[Mark20]

Re: PLEASE HELP! - Northampton Bulk Clearing Centre Form

Basically what I put in my claim is what I will be defending. I haven't received any documentation that I requested and would like to see that before things progress. The way I look at it is if they had it, I would of had it by now.

[mystery1]

Re: PLEASE HELP! - Northampton Bulk Clearing Centre Form

On top of knowing that the claim hasn't been allocated so rule 27 isn't in effect see cpr 27.1 and cpr 26, as well as expandable v Rubin and the over riding objective cpr 1.3 and 1.1 it seems you may need to persuade a judge that a defence does not come before inspection of documents.

How do we do that ?

With respect Sir/Madam, i believe that the rules do not say this. May i draw your attention to cpr 15.4 which mandates a minimum of 14 days after service for filing a defence which can be extended by filing acknowledgement by another 14 days. This in turn can be extended by a further 28 days by agreement between the parties a per cpr 15.5. Cpr 31.15 (c) on the other hand allows 7 days for the claimant to comply with an inspection request. This is well within the time limit for filing a defence and i submit this is because the claimant should have these to hand and that the draughtsmen of the rules had intended that inspection would take place before a defence is compiled. Had i instructed a lawyer they would have had no knowledge with which to prepare and i submit that the over riding objective would not be achieved as a defence first might need amending which incurs cost and takes time and resources which could otherwise have been avoided if the claimant had followed the CPRs.


M1

[Amethyst]

Re: PLEASE HELP! - Northampton Bulk Clearing Centre Form

Wonder if adding something along those lines to the application WS would help at all?

[Mark20]

Re: PLEASE HELP! - Northampton Bulk Clearing Centre Form

Well guys tomorrow is show time! I must admit I am bricking it and I am full of a cold. However based on the advice given here I am going to pop some notes down to take in with me and hope that is enough.

I will update on how I get on tomorrow afternoon. Wish me luck!