Egg/Arrow/Shoosmiths Court claim - denfence

[confusedmom]

Hi all,

I've been reading through a few posts on here and wow you guys are really helpful!! Sooooo I was wondering if you could help me please.

Sorry for the long post I just want to give as much detail as possible.

I took out a personal loan with Egg in 2006 over the phone and was forced to take PPI (I was very young and stupid at the time). At the end of 2008 myself and my husband hit major financial difficulties and decided to get some help. We went with Moneyworries who did nothing but take all of our money and paperwork and make all of our accounts default!!

I since then haven't really heard anything from Egg and (stupidly) put them to the back of my mind while trying to deal with various other lenders that got CCJs against me. I was advised by moneyworries that this was probably classed as an unfair debt as I did not sign a credit agreement and was forced to take PPI, so I (once again stupidly) assumed that the debt would not be forceable, that was why they were not chasing me.

A couple of years ago I received a letter from Arrow Global about the account being transferred, then again nothing else until I received a letter in Oct/Nov 14 advising that Shoosmiths were dealing with my debt.

The default date on the account was dec 2009, as I recall I have not been intouch or paid anything to them. After reading various things on the internet I decided that it must just be a scare tactic of theres as many people stated that Shoosmiths did try and chase debt just before it is statute barred.

ANYWAY... I have now received a CCJ claim form from Northampton County Court. I have responded (online) pretty much using this template http://forums.moneysavingexpert.com/....php?t=2606811 . I now have some questions that I'm hoping someone can answer for me please

1. Was I right to respond the way that I did?

2. Who will respond to my defence and is there a set time in which they need to respond?

3. I am worried that I'm missing something and the debt is not yet statute barred, as surely the court would not send me a claim form for a statute barred debt. Or would the Court not know?

4. Finally, incase I need to apply to get the debt set aside or prepare a stronger defence, can I in the meantime contact the creditors and ask for paperwork (as moneyworries took all of ours) without it affecting my defence?

Sorry if I sound clueless, I'm usually a smart person but get completely lost when it comes to debt. Any help anyone could give will be HUGELY appreciated.

Thanks in advance

[nemesis45]

Re: Egg/Arrow/Shoosmiths Court claim - denfence

Hi Welcome.
Did you file online and state that you intended to defend the claim?
Shoosmiths will respond.
The claimant nor the court will have knowledge of the status of the debt re statute Barred.
You cannot get a debt "set aside" that applies to contested judgements.

You need to send a Request under section77/78 of the Consumer Credit Act 1974 (as amended) to Arrow Global ( A £1.00 statutory fee is payable use a cheque or postal order endorsed " For Statutory Fee Only) Thee is a template in the forum library. They have 12 + 2 Working days to comply b providing a copy of the alleged agreement and a current statement of the account.

A CPR 31.14 request to Shoosmiths for provision of all Documents mentioned in the Particulars Of Claim (POC). only docs mentioned may be requested. No Fee payable.
This has an arbitrary 7 day time scale.

Please post up a redacted copy of the POC here or type in verbatim.
The agreement was signed prior to April 2007 so the original agreement or a " proper " copy is needed to enforce.

[confusedmom]

Re: Egg/Arrow/Shoosmiths Court claim - denfence

Hi nemesis45,

Yes I responded via moneyclaim.gov Thank you for your help I well get the letters sent asap.

The POC is

1. The claimant's claim for the sum of xxxxx.xx being monies due from the defendant to the claimant under a regulated agreement between the defendant and Egg banking plc (No. xxxxxxxx) and assignment to the claimant on 28/02/2013, notice of which has been provided to the defendant.
2 The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974.
3. The claimant claims the sum of xxxxx.xx
4. C has complied, as far as is necessary, with the pre-action conduct practice direction.

If I request the information and do not get a response in the required time what can I do?

Thank you again for your help

[nemesis45]

Re: Egg/Arrow/Shoosmiths Court claim - denfence

Non compliance with the CPR and CCA requests forms part of your defence if necessary.