defense for county court claim

[deesea]

Re: defense for county court claim

the last 2 October and November I didn't pay as only had one bank account and statements from them say I made no payments to anyone for those amounts on or around those dates.

I have ordered statements from my bank that now cover ALL of 2010 to ensure that no other payments where made before October

[deesea]

Re: defense for county court claim

Hi Have now recieved reply from my CPR request from Claimants solicitor ATT: (but still nothing from the claimant )

[NWHC]

Re: defense for county court claim

Two questions
1) How much is the claim for ?
2) An Egg agreement from 2005, is it possible that in has not been set up correctly which would make it unenforeceable

One final point
You say that the account is a credit card yet the statement is for a loan

[nemesis45]

Re: defense for county court claim

Hi I recieved a letter from County Court Business Centre with money claim link and password.
The debt is for a EGG credit card that I had 15 years ago and defaulted on payments 10 years ago.
No payments have been made to anyone for this dept in well over 6 years and is not on any of my credit reports.
I complete the Acknowledgement of Service and am now writing my defense how is it and does it look how they would like it ????

1: I received the claim xxxxxxx from the Northampton County Court
on Dec 15 2015

2: Each and every allegation in the Claimants statement of case is
denied unless specifically admitted in this Defence.

3: This claim is for a Credit Card agreement regulated under the
Consumer Credit Act 1974.

4: The Credit Card agreement regulated under the
Consumer Credit Act 1974 is not on the credit report for the
defendant as a creditor or account.

5: The Claimants statement of case states that the account was
assigned from Egg to Arrow Global ltd on Feb 28 2013. The
Defendant does not recall receiving notice of this assignment.

6: The Claimant states the agreement they are acting on dated from
Feb 1 2005 and was assigned to the claimant on Feb 28 2013. As no
payments or contact between the defendant and the Claimant or Egg
has taken place within the passed 6 years would render this claim
as Statute barred under s5 Limitation Act 1980.

7: As Statute Barred The Financial Conduct Authority state in CONC
7.15 that a firm must not attempt to recover a statute barred debt
where they haven’t been in contact with the customer during the
relevant period.In this case to be 6 years.

8: It is denied that the Claimant is entitled to the relief as
claimed or at all.

Statement of Truth
The Defendant believes that the facts stated in this Defence are
true.

Bringing Post # back to the top.

nem

[nemesis45]

Re: defense for county court claim

Hi Have now recieved reply from my CPR request from Claimants solicitor ATT: (but still nothing from the claimant )

Deesea,

There is a glaring anomaly here your defence states this was a credit card account but you have been sent a EGG loan statement ???

nem

[deesea]

Re: defense for county court claim

Hi Thank you for your responses and to answer the questions

this came through on the court papers as being described as a default EGG account assigned to the claimant on 28/02/2013
so I assumed it was for an EGG credit card I had back then but once I got the statement it referred to it as a loan.

The claim is for over £10,000

I now have copies of all my bank statements from back in 2010 and from January 2010 - November 2010 that have payments made to a different recovery agency (Capquest) but no idea if they where for the same dept as the payments where made form me to capquest at the start of every month but on the statement received from the claimant (Arrow global) they are payments at the middle - end of every month to make this account less than 6 years old.

Hope this explains thing a bit and you can understand the situation

[Amethyst]

Re: defense for county court claim

Do the amounts on the statement tally with the amounts on your bank account ? ( ie the payment you made at the beginning of Nov 2010 was for £30 in your bank records and appears on the 'statement' on the 30 Nov 2010 )

Did you have both an Egg Loan and an Egg Credit card ? Both defaulted ? Any ideas how much debt was on each ? - You could send a Subject Access Request to Barclays to find out more if you don't have records.

Could you contact CapQuest and request a copy of payments made to them and ask them what the debt was you were making payments for ?

Also - Egg to Arrow Global ltd on Feb 28 2013. - Was it owned by CapQuest before Arrow or were Capquest acting as agents for egg ?

[deesea]

Re: defense for county court claim

Hi This is just loan default not the credit card and the payment do seem to match but in 2010 all my creditors where being payed the same amounts as there where 2 other depts at the time that where much smaller depts and where payed in full but at the same monthly amounts.

It seems that it was possible the dept was purchased by capquest and then purchased from capquest by Arrow.
I have no information relating to capquest and the dept they where recovering at that time

[NWHC]

Re: defense for county court claim

It seems like it is time for damage limitation

As the debt is for over 10,000 I would think it has been assigned to the fast track and therefore they could award costs against you if it goes to trial

It is a crying shame that no one picked up on the amount or the fact that it is for a loan and not a credit card, this I am afraid has put you at a disadvantage

Is there a solicitor connected to the site who could help

[NWHC]

Re: defense for county court claim

Just another thought
What exactly does it say on the claim form with reference to when they bought the debt and who from

[Amethyst]

Re: defense for county court claim

I am just finding out some more information from Deesea where things stood with regards the loan and credit card and whether this could be a combined claim ( and thus whether Capquest payments were for this debt and thus if the assignment might be faulty ) - and Deesea has only just stated the amount of the claim is over £10k.

[NWHC]

Re: defense for county court claim

I'm glad you are on to it and hope that it can be resolved especially if there may be a chance there is another assignment

[Amethyst]

Re: defense for county court claim

Exactly. Hence asking about it.

[Amethyst]

Re: defense for county court claim

Hi This is just loan default not the credit card and the payment do seem to match but in 2010 all my creditors where being payed the same amounts as there where 2 other depts at the time that where much smaller depts and where payed in full but at the same monthly amounts.

It seems that it was possible the dept was purchased by capquest and then purchased from capquest by Arrow.
I have no information relating to capquest and the dept they where recovering at that time

Okay so the capquest payments could be for this or for either of your two other debts as you were paying the same amount via a DMP. Any chance you can get your records from the DMP provider ? I'm not sure where the credit card came into it if there wasn't a default on the credit card ? Was the credit card included in the DMP ? And does the amount of the claim match what you recall about the amount you defaulted the loan at ?

If you are certain now that this is the loan and not the credit card then you will need to amend your defence accordingly - I see they threatened to apply to strike out your defence towards the end of January - have they done anything as yet ?

As NWHC kindly pointed out as the claim is over £10k it is likely to be allocated to the fast track which does carry a costs risk - however doesn't affect the fact that they must supply the credit agreement to be abel to enforce. I have asked [MENTION=551]pt2537[/MENTION] to have a look in for you anyway.

So far as I can see on your thread other than the statement they have sent you to show they do not believe the debt to be statute barred they have not sent you any other documents ?


Also noted you had PPI on the loan - have you made any efforts to reclaim that as missold ?

[Amethyst]

Re: defense for county court claim

Have they sent you a copy of the original agreement ?

Ref this in their CPR response.


notice of assignment also ?