defense for county court claim

[deesea]

Re: defense for county court claim

Hi will try to answer all your questions

All it states on claim papers is : the claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Egg - date on or about Feb 01 2005 and assigned to the claimant Feb 28 2013
Acc no xxxxxxxxxxxx

The mentioned credit card is not an issue in this case as is just for a loan and not combined in any way will att copy of the agreement there solicitors sent me but did not include t&c 's
this is the agreement I signed in 2005.
at the time back in 2009 I made an agreement with all recovery agencies over the phone, nothing in writing, to pay them the same amounts each month and had cleared all other depts but this one as of its size and timescale I am not sure
it may be that at the time I could not afford to pay anything towards it and it was not renegotiated when I was back in work.
But to sum up I have no previous paperwork or references from back in 2010 on what payments where for only what is on my bank statements but they have no account reference to refer back to

The figures that to the best of my knowledge are correct for the loan agreement and as for the PPI I have not claim missold for ANY PPI payback from ant bank or organisation
The only documents the claimants solicitor have sent me so far is the the statement of account as posted and now the agreement signed by myself in 2005 (ATT below)
No other information or documentation and no direct contact from the claimant.

[Amethyst]

Re: defense for county court claim

Thanks Deesea. We'll forget about the credit card -I just wondered if the Capquest payments may have been for the credit card ( which would mean that stat barred is still in the picture) - but if capquest was for the loan, then stat barred is out, but there may be an issue with assignment.

On the agreement it clearly refers to paragraphs within the terms - so they need to provide those as part of the agreement to be compliant.

I think a letter to them spelling out the issues and informing them you will need to amend your defence, and will ask for costs against them as they failed to provide this information prior to your filing it originally.

[deesea]

Re: defense for county court claim

Would someone be able to draft something to send to them as not to good at this sort of thing?
I hope the information I have given is clear enough

[NWHC]

Re: defense for county court claim

I may be wrong on this
BUT

As there was PPI
I think they need to show PPI as a separate line on the agreement so for example
Loan 10000 Interest 2000 Total repayable 12000
PPI 1000 Interest 200 total repayable 1200
Totals 11000 Interest 2200 Total Repayable 13200


Now if I am right then the agreement should be unenforeceable but I would hope that someone with the skills and knowledge to get sort the legal side out can help

[deesea]

Re: defense for county court claim

Hi They are only claiming for original loan amount not including PPI but I understand where you are coming from

- - - Updated - - -

Would someone be able to draft something to send to them as not to good at this sort of thing?
I hope the information I have given is clear enough

Please if possible

[deesea]

Re: defense for county court claim

Would someone be able to draft something to send to them as not to good at this sort of thing?
I hope the information I have given is clear enough

Bump ray2:

[Amethyst]

Re: defense for county court claim

Hiya xx Yep will put something together this evening for you xxx

[deesea]

Re: defense for county court claim

Hi Just a quick update received a letter direct from Arrow global and will post copy here to update my case so far

PS. How the hell is Britannica Recoveries SARL "lol" this could be the missing piece to the puzzle and has nothing to do with capquest as previously thought

[Kati]

Re: defense for county court claim

:bump: for [MENTION=6]Amethyst[/MENTION] xx

[nemesis45]

Re: defense for county court claim

Hi Just a quick update received a letter direct from Arrow global and will post copy here to update my case so far

PS. How the hell is Britannica Recoveries SARL "lol" this could be the missing piece to the puzzle and has nothing to do with capquest as previously thought

,

A favourite AG template denying that it is the creditor which is a load of bowlocks as they are now the beneficial owner of the debt/ account.
Being kind and helpful by getting the agreement for you and refunding the fee.

Please be aware that the AG assurance that " collection activity is on hold " does not affect the timescales of the court process, as there is no formal extension of time in place.

nem

[deesea]

Re: defense for county court claim

So what should be my next recommended move ?

Do I still need to send some kind of letter to the solicitor ? If so I have no idea where to start on that one

[NWHC]

Re: defense for county court claim

When a debt is legally assigned ( usually sold) the new owner becomes the creditor

I believe the ruling is Jones v Link Financial but stand to be corrected

I googled it and got this http://www.bailii.org/ew/cases/EWHC/QB/2012/2402.html


As an afterthought
By returning your fee are AG actually moving the goal posts as regard to a cca request
Yes I know that the above states they are the creditor BUT does it need to change the pleadings in the witness statements
Does anyone see where I am going with this

AG return the fee
You say they have not complied with the cca request
They say Ah but there was no fee or something similar -look mr Judge , no payment
Judge says , ok no fee , AG win

As a LiP you would need to be confident and prepared for that
I know I would likely fall over my words and get them wrapped round my neck instead of AG's

[NWHC]

Re: defense for county court claim

Hi They are only claiming for original loan amount not including PPI but I understand where you are coming from

It doesn't matter what they are claiming
The original agreement has to be set out correctly otherwise they can not enforce it in court
This only applies to accounts pre 2007

If it is incorrectly executed -which yours seems to be it is unenforeceable due to S127(3) CCA 1974

[pt2537]

Re: defense for county court claim

A couple of questions

1) Did this loan have PPI attached to it?
2) Has a request been made under s77 Consumer Credit Act?
3) has the PPI policy been provided if a s77 request has been made

[NWHC]

Re: defense for county court claim

PT
If you look at post 32 the agreement is there

There was PPI but it was included in the loan amount