Preparing CPR request but ask for what?

[Kati]

Re: Preparing CPR request but ask for what?

Of course xx

[mikeD]

Re: Preparing CPR request but ask for what?

CPR letter sent today by special delivery.

nemesis45 - Sorry I'm not sure what you mean by 'please post copies of what you have received'. There are 21 pages in all, some photocopies of originals, some not.

Do you mean post them on this forum somehow? Or post them to someone snail mail?



It looks like what they've done is sent me some agreements for loans which were each paid off by subsequent loans, and a it's the final of these 'top up' loans (for the highest amount of course) that is the one they are chasing. The date matches that mentioned in the PoC (nearly - a couple of days off).

This last loan though is the only one where they have not sent me a full photocopy of the agreement -- just a photocopy of the last page, containing my correct address and the figures, account numbers etc, and the rest is just a newly typed-out word document. It even has a section saying 'signed on behalf of Egg' and a blank space. Clearly not the original.

They sent me a single set of T&Cs as well but again just printed off someone's local hard drive -- no reason to think they are anything to do with my loan, or which of the loans they are supposed to apply to.

No statements of account, and nothing to indicate the loan(s) were/are in arrears even.

Thanks again for your help everyone.

-M

[JulieM]

Re: Preparing CPR request but ask for what?

Nemesis means post them on the forum. If you can scan them and redact them then add them . If you can't you can email them to Kati along with your username and she will post them.

How much is the claim for?

[mikeD]

Re: Preparing CPR request but ask for what?

OK thanks, I'll find out how to post them here. Should I start a new thread as suggested in Basic first Steps to take on receipt of a Consumer Credit Court Claim?

the claim is for just under 10k.

[charitynjw]

Re: Preparing CPR request but ask for what?

21 pages?

Blimey!.....it looks like they are more confused than you (& we) are!

Maybe they think you will do their work for them.......for free.....& create the rod for your own back.

They have started the claim & initiated the timescales; the issue which they are claiming (from their perspective) should have been made crystal clear, leaving you the job of arguing your position.

Clear abuse of process, I reckon.

[nemesis45]

Re: Preparing CPR request but ask for what?

CPR letter sent today by special delivery.

nemesis45 - Sorry I'm not sure what you mean by 'please post copies of what you have received'. There are 21 pages in all, some photocopies of originals, some not.

Do you mean post them on this forum somehow? Or post them to someone snail mail?



It looks like what they've done is sent me some agreements for loans which were each paid off by subsequent loans, and a it's the final of these 'top up' loans (for the highest amount of course) that is the one they are chasing. The date matches that mentioned in the PoC (nearly - a couple of days off).

This last loan though is the only one where they have not sent me a full photocopy of the agreement -- just a photocopy of the last page, containing my correct address and the figures, account numbers etc, and the rest is just a newly typed-out word document. It even has a section saying 'signed on behalf of Egg' and a blank space. Clearly not the original.

They sent me a single set of T&Cs as well but again just printed off someone's local hard drive -- no reason to think they are anything to do with my loan, or which of the loans they are supposed to apply to.

No statements of account, and nothing to indicate the loan(s) were/are in arrears even.

Thanks again for your help everyone.

-M

Good morning Mike.

Can you confirm that what you have received conforms to the requirement of a " reconstituted " agreement listed in post 15?

With the terms and conditions pages are the numbered? If they are any pages missing or Terms / conditions mentioned but not appearing?

nem

[mikeD]

Re: Preparing CPR request but ask for what?

I'm not sure if it is a reconstituted agreement, I suspect so. I'll post redacted scans of the documents they sent in reply to my CCA request.

The first link is the initial loan in 2003,

The second and third links are to two top-up loans in Jan and Sep 2004. Each top-up loan would have paid off the previous one.

The fourth link is to the fourth and final top-up loan, which again paid off the previous loan, and is the one that they appear to be chasing (the PoC only refers to a single contract, and the date matches (well, one day off)).

[mikeD]

Re: Preparing CPR request but ask for what?

####

[mikeD]

Re: Preparing CPR request but ask for what?

This should be a better way to share:

http://pdfsr.com/pdf/200305-egg-loan-redacted.pdf

http://pdfsr.com/pdf/200401-egg-loan-redacted.pdf

http://pdfsr.com/pdf/200409-egg-loan-redacted.pdf

http://pdfsr.com/pdf/200606-egg-loan...ted-shrunk.pdf

[mikeD]

Re: Preparing CPR request but ask for what?

I received a reply from the solicitor today, basically refusing my request for PoC documents.

Does anyone have an opinion on the documents I posted above? Or my next step forward? Any help greatly appreciated.

Thanks
-M

[Kati]

Re: Preparing CPR request but ask for what?

tagging [MENTION=55034]nemesis45[/MENTION] to look at the docs (I can attach pics if needed, but [MENTION=89714]mikeD[/MENTION]'s links work for me ) xx

[mikeD]

Re: Preparing CPR request but ask for what?

Any advice anyone?
I guess I will mention in my defence that they refused my cpr request, that I therefore don't have any document explaining how the debt was transferred to them, and also that they didnt provide a statement of account. Also that I believe it to be statute barred.
Should I enclose a copy of my credit record (excerpt) which shows the default date?

Thanks
-M

[time2burn]

Re: Preparing CPR request but ask for what?

yes
if u can afford it and u have done 2 cpm requests and no reply then they are in default
do a N244 request with order and claim costs back from claimant(not exactly sure how u do this)
see link on forum

http://legalbeagles.info/forums/show...order-at-court

then they have 7 days to respond with the docs otherwise it is set aside and u win

i have done this in 2014 with Lowells and it worked(N244 was only £45 then!)

hope that helps

this will avoid court

[mikeD]

Re: Preparing CPR request but ask for what?

Thanks for the reply time2burn. Thats interesting, thanks. Thing is, the Particulars of Claim (PoC) mention so little that they could easily provide the documents (I assume, it would just be the assignment of the debt to them) and then I would be £250 out of pocket and still facing court wouldn't I?

From everything I've read I have no reason to think I'd lose the case anyway, so I'm reluctant to risk the money. I would if it was still £45 though!

Am I right in thinking that their stated PoC documents are all they would be able to use in the case against me?

Thanks again for the advice
-M

[nemesis45]

Re: Preparing CPR request but ask for what?

[QUOTE=mikeD;671568]Any advice anyone?
I guess I will mention in my defence that they refused my cpr request, that I therefore don't have any document explaining how the debt was transferred to them, and also that they didnt provide a statement of account. Also that I believe it to be statute barred.
Should I enclose a copy of my credit record (excerpt) which shows the default date?

Hello Mike,

No notice of Assignment from the original creditor or the claimant.
Statute barred is a complete defence.

One of the documents states " Page 1 of 3 " are the others so numbered.

Apologies for not getting back earlier family illness.

nem