NCC Me v Egg/Aktiv/Chivers Easton Brown

[phillippage]

Hi all,

I have received a letter from Northampton County Court in relation to an egg credit card debt. I took the card out in 2001. In 2008 I could not afford minimum payment, had read about possible unenforceability so buried my head and stopped paying.

It is due to be statute barred (I think) on the 01 July 2014. I last paid to the account on 1st July 2008.

I am considering defending due to the agreement, can anyone have a look and see what they think please?? It is an old address that is on the original agreement. This is all they sent when is did a CCA request.

Many thanks

Phil

[MIKE770]

Re: NCC Me v Egg/Aktiv/Chivers Easton Brown

See Duncan Brown of Chivers Easton Brown mentioned and if that is so thru Northampton then SB stops, BUT give peepes more information i.e. the actual date of last payment? default date (note:- last payment would be months before default date?> make sure no personal info on any downloads, and acknowledge receipt on line as per N1 as this gives more time to sort out>
also If default entered July 2008 and no payment just before or acknowledgement since then Statute Barred comes to mind and they are chancing their arm.

6 years england or 5 years scotland SB times

[phillippage]

Re: NCC Me v Egg/Aktiv/Chivers Easton Brown

Last payment July 1st 2014.

default date October 16th 2014

no default notice, deed of assignment or signatures (pre 2005 required I think)

[MIKE770]

Re: NCC Me v Egg/Aktiv/Chivers Easton Brown

Last payment July 1st 2014 (Not got there yet). ???1st July 2008

default date October 16th 2014 again do you mean 2008?

no default notice, deed of assignment or signatures (pre 2005 required I think)

ok stop and think you are getting in a muddle,??

Date last Payment in say 2008?

Date defaulted in 2008?

Any acknowledgement in the meantime i.e. payments or letter stating acknowledge the alledged debt?

Or as you state buried your head in the sand and nothing happened during that time till now???

Date of assignment anf to whom?

[phillippage]

Re: NCC Me v Egg/Aktiv/Chivers Easton Brown

Oops,

default oct 16 2008
last payment July 1st 2008.
never made any payment since. I have been in written contact regarding SAR, cca etc but always stating that I didn't acknowledge any debt to the company.

sorry

[MIKE770]

Re: NCC Me v Egg/Aktiv/Chivers Easton Brown

Oops,

default oct 16 2008
last payment July 1st 2008.
never made any payment since. I have been in written contact regarding SAR, cca etc but always stating that I didn't acknowledge any debt to the company.

sorry

in that case if N1 issued SB is superseaded by court action if you live in England, but scotland then the 5 year rule would set the SB .

acknowledge that you intend to defend on the site mentioned on the N1 form that gives more time to sort things ou, have you got the CCA copy and other request you made?

[MIKE770]

Re: NCC Me v Egg/Aktiv/Chivers Easton Brown

I have asked member of the Main team to look in by reporting this thread to them, they are more able to advise etc?

[phillippage]

Re: NCC Me v Egg/Aktiv/Chivers Easton Brown

Yes I attached the credit card agreement on my first post.

thankyou

[MIKE770]

Re: NCC Me v Egg/Aktiv/Chivers Easton Brown

Yes I attached the credit card agreement on my first post.

thankyou

anything else attached to that signature page etc??

[phillippage]

Re: NCC Me v Egg/Aktiv/Chivers Easton Brown

Terms and conditions were but that is all

[MIKE770]

Re: NCC Me v Egg/Aktiv/Chivers Easton Brown

Terms and conditions were but that is all

ok wait and somebody will be along soon to ask/help you!

[MIKE770]

Re: NCC Me v Egg/Aktiv/Chivers Easton Brown

By the way you must delete the so called CCA and resubmit on here MINUS your personal details////urgent111

[Amethyst]

Re: NCC Me v Egg/Aktiv/Chivers Easton Brown

Okay, CCA looks compliant and you're not statute barred. The time stops accruing once a court claim is submitted.

Approx how much is the claim for ?

The credit agreement you have attached when did you last request the CCA formally? You can send another CCA request to the claimants (if either 6 months since last time or its a new creditor - ie debts been sold) and you should also send a CPR 31.14 request (http://www.legalbeagles.info/forums/...ic-information) and ask for the default notice, assignment and the agreement/contract on which they are basing the claim, and of course, make sure you have acknowledged the claim. - Could you also type up the particulars of claim from the claim form pls.

I#ll remove the CCA pending removal of personal details I appreciate your username is real name and the address is old but best to be secure)

[phillippage]

Re: NCC Me v Egg/Aktiv/Chivers Easton Brown

Hi, claim is for £7000. I have requested all documents today (default notice, assignment,) but cca I only got a couple of weeks ago. I took card out in 2001. Thought they should have signatures is this not the case? I had also read the term 'approved limit' was not compliant as it should say 'credit limit'

thanks

[Amethyst]

Re: NCC Me v Egg/Aktiv/Chivers Easton Brown

I had also read the term 'approved limit' was not compliant as it should say 'credit limit'

Sorry, http://www.legalbeagles.info/forums/...ugust-9th-2010 -


We note your reiteration of your argument in relation to the use of the term "Approved Limit". You allege that we have failed to comply with section 61 of the Consumer Credit Act 1974 (the CCA) by failing to include all of the terms prescribed by schedule 6 of the Consumer Credit Act (agreement) Regulations") on the basis that the credit limit is described as the "Approved Limit". This allegation is incorrect. The form of agreement used by Egg contains all of the relevant information prescribed both by Schedule 1 and by Schedule 6 of the Agreement Regulations. "Approved Limit" is specifically defined in Condition 1.3 of your agreement as the amount you can borrow from time to time on the account and is therefore clearly understandable. There is no requirement under the CCA to use a particular term or phrase when describing the amount of credit. The description of the credit limit complies with paragraph 8(b) of schedule 1 of the Agreement Regulations. This has been confirmed by the High Court in Alexandra Slater v Egg Banking plc (9 August 2010, high Court, Mold District Registry, unreported).