Court Claim - Arrow Global Limited / Egg - 15-9-2014

[Ganesh]

Received a claim? Yes
Issue Date: 15-9-2014
Amount approx: 8500
Claimant: Arrow Global Limited
Solicitor: Shoosmith
Original Credit: Egg

Particulars of Claim:
Take Notice that the defendant's application to set aside.

Stat Barred? No

Have sent: Sent a CCA request

Other Info:
I hope someone can help me, above claim is related to a egg loan taken in June 2005, shoosmith has provided a 2 page loan agreement to court, it doesn't seem to include full terms and conditions, i couldn't go to the court for the first hearing but I sent a witness statement, court seem to have ignored my statement and made a order to pay the full amount, I appealed and asked the court to set aside, as per the supplied agreement - outstanding amount included £3000 ppi, it was a forcefully sold ppi, egg sale agent indicated to me that without the ppi I won't get the loan, I stated this on the appeal and court has given me another hearing date, that is on first week of November. In the mean time Shoosmith got a interim court order to put a charge on my property, the hearing date for property charge order is on 3rd week of November.

This will be the first time I will be going to the court, can someone please give me some guidance on how I should deal with this case and what should I do on the hearing date.

Thanking you for your kind support.

[FlamingParrot]

Re: Court Claim - Arrow Global Limited / Egg - 15-9-2014

Welcome to LB

I hope someone can help me, above claim is related to a egg loan taken in June 2005, shoosmith has provided a 2 page loan agreement to court, it doesn't seem to include full terms and conditions, i couldn't go to the court for the first hearing but I sent a witness statement,

Did you submit the WS as part of your defence? Can you tell us what arguments you usedon your WS?Did you inform the court of your reasons for missing the hearing?Do you think you could remove your personal details and post up the alleged agreement? Was it an online application? :typing:

court seem to have ignored my statement and made a order to pay the full amount,

Sounds like they applied for default judgment because you didn't submit an actual defence.

I appealed and asked the court to set aside, as per the supplied agreement - outstanding amount included £3000 ppi, it was a forcefully sold ppi, egg sale agent indicated to me that without the ppi I won't get the loan, I stated this on the appeal and court has given me another hearing date, that is on first week of November. In the mean time Shoosmith got a interim court order to put a charge on my property, the hearing date for property charge order is on 3rd week of November.

If you succeed in getting the judgment set aside, then you won't have to worry about the charging order hearing, as without the CCJ they can't have a CO. :thumb:

For reference, you may want to look at this thread: http://www.legalbeagles.info/forums/...+order+hearing

This will be the first time I will be going to the court, can someone please give me some guidance on how I should deal with this case and what should I do on the hearing date.

Other than the PPI (which covers only a part of the total amount of the judgment), have you got any other grounds to dispute this account? If you could provide us with the info above it would help to establish what could be used in your defence.

[Ganesh]

Re: Court Claim - Arrow Global Limited / Egg - 15-9-2014

Many many thanks for your time and kind support, please see the copy of my WS, I have attached the agreement as well.

WITNESS STATEMENT OF MR XXXXXXXXXXXXXXXX
I am Defendant Mr XXXXXXXXXXXXXXX unable to attend the court on above date, I would like the Court to accept this written statement when reviewing this case , I have asked the claimant’s solicitor MS XXXXXXXXXXto submit the original agreement to Court , I have attached the copy of letter sent to Shoosmiths Solicitors in this regards.
I would like the Court to consider and verify following issues on the original credit agreement (please kindly note, below issues need to be verified on the original agreement not on copy agreement) :
i) Is it a real Credit Agreement or a forged document –
Defendant’s answer -I have only seen the duplicate copy; I couldn’t determine the trueness of the provided credit agreement.
ii) Actual lent amount is £12,000 or lower amount,
Defendant’s answer -Need to verify this on the original agreement, over the last twenty years I borrowed a lot and also have paid back a lot to lenders, collecting agents, bailiffs and door step collectors , I have lost track of everything now.
iii) Terms and conditions and charges are not unlawful and meet the requirement of Consumer Credit Act 1974.
Defendant’s answer -Need to verify this on the original agreement, no terms and condition documents were attached.
iv) Total amount payable is £18,001.20 or lower amount
Defendant’s answer -Need to verify this on the original agreement.
v) Have they charged the correct interest rate according to the original agreement and no PPI been charged or if they have been charged, Have they been removed from current balance?
Defendant’s answer -No detailed calculations were provided by the Claimant to verify the charges, PPI charges seem to be included on the alleged outstanding balance, one statement says outstanding balance as £6,997.13 and Annual Egg Loan Statement says outstanding amount as £7,187.67, there are some discrepancy on the alleged outstanding balance .
vi) Whether Original agreement been set up according to Consumer Credit Act 1974 and meets all the requirements of Consumer Credit Act 1974 and other legal requirements.
Defendant’s answer -As court knows, if the credit agreement is not been laid out as on the Consumer Credit Act 1974, then it cannot be treated a valid credit agreement under the law and they are not enforceable. By looking at the duplicate agreement it does not seem to meet the legal requirements.

I believe that the facts stated in this witness statement are true.
Signature: .................................................
Defendant-
Mr XXXXXXXXXXXXXXXXXXX
Address 1
Address 2
Date: ...........

Claim Number xxxxxx

[Ganesh]

Re: Court Claim - Arrow Global Limited / Egg - 15-9-2014

Thank you, Yes, I submitted ws as part of my defense, no I didn't put any reason for not attending the court hearing, i think they did the application over the phone and posted the agreement for signature.

Many Thanks for your kind support.

[Ganesh]

Re: Court Claim - Arrow Global Limited / Egg - 15-9-2014

This is the second ws I sent with appeal form and court has given a hearing date, it will be on first week of Nov

1) According to the agreement submitted by the Claimant, there is a charge of £3,079.68 related to PPI and other PPI related interest and charges, I remember, initially Egg Plc offered a lower interest rate loan, then just before approval they said that they will not approve the loan without a PPI, I remember I asked him why I should take this PPI, the sales agent said I am under high risk category, it was forcefully sold at the time by the pushy sales agent, sales agent clearly knew that I can’t afford the loan , however I was not allowed to claim anything from PPI when I lost my job and it failed to protect me in the needy time. It is a scam policy.

2) The whole loan was mis-sold by Egg Plc, with their continues sales emails, telephone call loan offers and loan offer letters , they trapped young vulnerable people like myself into debt and pushed me into vicious circle of borrowing, took loan to pay credit cards and then taken money out from credit cards to pay loan.

I am kindly asking the court to reconsider the decision and set aside the judgement made on xxx July 2014, as I do not agree that the money as claimed is due to the claimant,

I believe that the facts stated in this Witness Statement are true.



Signed……………………………………………..

Dated………………..............
.

[Amethyst]

Re: Court Claim - Arrow Global Limited / Egg - 15-9-2014

Hiya,

So you have applied for a set aside of the judgment and have a hearing date in November for that application. Did you actually submit an application on an N244 form ? or just sent the letter/ws ?

You're claiming the loan was missold by Egg, and has a large proportion of PPI on it. They have sent you a copy of your credit agreement.

We are going to need to do some remedial work on this to get you back on track.


With regards your first witness statement, where did the questions come from ??

Have you submitted a complaint to Egg (or barclays) or the FOS about the missold PPI ?

[Ganesh]

Re: Court Claim - Arrow Global Limited / Egg - 15-9-2014

Hiya,

So you have applied for a set aside of the judgment and have a hearing date in November for that application. Did you actually submit an application on an N244 form ? or just sent the letter/ws ?

Yes I sent them N244.

You're claiming the loan was missold by Egg, and has a large proportion of PPI on it. They have sent you a copy of your credit agreement.

We are going to need to do some remedial work on this to get you back on track.


With regards your first witness statement, where did the questions come from ??
I did some search on internet and put the questions and answers by myself.

Have you submitted a complaint to Egg (or barclays) or the FOS about the missold PPI ?

No I didn't send a compliant letter but I called them and sent them letters, they were just bullying me. I felt trapped and powerless.

Many Many thanks for your kind support.

[Ganesh]

Re: Court Claim - Arrow Global Limited / Egg - 15-9-2014

Many Many thanks for the kind and special support by Amethyst, yesterday, I managed to get an instalment order for £xx per month with conditional charge, if I miss any payment then they can apply for a charging order, Shoosmiths is fighting back on the PPI, on the previous hearing, the Judge Varied the original court order and reduced the payable amount by ppi amount, for this ppi hearing for some reason Shoosmiths didn't attend, on yesterday's hearing they asked the judge to set aside the varied order and asked to put the full amount back, but Judge refused to put the ppi amount back or set aside that order, yesterday Judge ordered me to pay the lower amount (without ppi), but Shoosmith asked for an order that,

“The Defendant files and serves a defence 14 days addressing the legal claim that he has against the claimant and any cause of action that he has against the Claimant for the missold PPI”.

The Judge agreed and asked me to put a defence within 21 days, if I don’t put a defence then PPI will be added back to payable amount. If my defence accepted then it will be passed to small claim court .
What I am planning to do is- do a ppi questioner and send it to original lender egg and put a copy of the questioner with the defense as well, please see the defence I put on initial ppi hearing for which Shoosimth didn’t attend.
1) According to the agreement summited by the Claimant, there is a charge of £3k related to PPI and other PPI related interest and charges, I remember, initially Egg Plc offered a lower interest rate loan, then just before approval they said that they will not approve the loan without a PPI, I remember I asked him why I should take this PPI, the sales agent said I am under high risk category, it was forcefully sold at the time by the pushy sales agent, sales agent clearly knew that I can’t afford the loan , however I was not allowed to claim anything from PPI when I lost my job and it failed to protect me in the needy time. It is a scam policy.

2) The whole loan was mis-sold by Egg Plc, with their continues sales emails, telephone call loan offers and loan offer letters , they trapped young vulnerable people like myself into debt and pushed me into vicious circle of borrowing, took loan to pay credit cards and then taken money out from credit cards to pay loan.

I am kindly asking the court to reconsider the decision and set aside the judgement made on July 2014, as I do not agree that the money as claimed is due to the claimant,

I believe that the facts stated in this Witness Statement are true.

My other worry is on filling the defence form, I already have agreed to pay part of the loan and claimant has accepted the instalment payment, do you have any idea how should I fill the defence form and what need to be included on addressing the legal claim against the claimant and any cause of action against the Claimant, do I have to fill N9B form? And do I partly accept the amount(excluding ppi), I would very much appreciate your openion and support on this matter.

Kind Regards
Ganesh

[Amethyst]

Re: Court Claim - Arrow Global Limited / Egg - 15-9-2014

Hi Ganesh Just bumping thread for myself to look at today and to stick some notes to work from.

Basically we need to write a POC type Defence on the PPI issue to ensure the PPI amount doesn't get added back on to the debt.

1) According to the agreement summited by the Claimant, there is a charge of £3k related to PPI and other PPI related interest and charges, I remember, initially Egg Plc offered a lower interest rate loan, then just before approval they said that they will not approve the loan without a PPI, I remember I asked him why I should take this PPI, the sales agent said I am under high risk category, it was forcefully sold at the time by the pushy sales agent, sales agent clearly knew that I can’t afford the loan , however I was not allowed to claim anything from PPI when I lost my job and it failed to protect me in the needy time. It is a scam policy.

2) The whole loan was mis-sold by Egg Plc, with their continues sales emails, telephone call loan offers and loan offer letters , they trapped young vulnerable people like myself into debt and pushed me into vicious circle of borrowing, took loan to pay credit cards and then taken money out from credit cards to pay loan.

PPI off credit agreement

[Amethyst]

Re: Court Claim - Arrow Global Limited / Egg - 15-9-2014

PPI was a condition of getting the loan. ( sales agent discussion )

however I was not allowed to claim anything from PPI when I lost my job and it failed to protect me in the needy time.

could you explain that a little more - how come it wouldn't pay out ?

Also how did you get the papers to sign / how was the loan applied for - was it over the phone ?

[Ganesh]

Re: Court Claim - Arrow Global Limited / Egg - 15-9-2014

Many thanks Amethyst, after going through the loan application, the agent talked about the ppi, he was pushing me to take the ppi, I asked him, whether my loan is approved or not, he said, first tell me whether you are taking the ppi or not, then we can make a decision on the loan approval, he mentioned something ... I am under high risk catogery. I didn't want the ppi, sales agent made me to buy the ppi.

When I was unemployed, I went through some financial hardship and had to stop all payments and dd's, at that time egg called me, I told them I am unemployed, can't afford to pay anything, I asked her whether ppi can cover my loan payment until I get a job, they said - oh you have ppi cover, we will get back to you, they never got back to me regarding the ppi, I assumed ppi is covering the loan payment, after that my financial position started to get worse and I stoped all the communications with the lenders. Only recently I realised egg ppi didn't cover the loan payment and the missed ppi is included on the outstanding balance.

Many thanks

[Amethyst]

Re: Court Claim - Arrow Global Limited / Egg - 15-9-2014

Thank you. Working on getting a draft together for you in the next couple days xx

[Ganesh]

Re: Court Claim - Arrow Global Limited / Egg - 15-9-2014

Many many thanks for your kind support.