Preparing CPR request but ask for what?

[charitynjw]

Re: Preparing CPR request but ask for what?

[MENTION=89714]mikeD[/MENTION]

Just a thought.

Many credit providers, in response to an OFT (as was) guidance April 2006, dropped their charges to £12.

As this is a loan via Egg Bank, it may not have applied, but if it did, the supplied agreement (June 2006) could be bogus.

[time2burn]

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

Hi

as for fees even if you goto court and even if u lose - you can still request claimant pay for N244 application of £250 as they should of complied with original request as per CPR31.4 etc- so as long as you done your requests correctly and gave them time(7 days each time) and had NO response or docs then u should be ok
maybe those better acquainted with court procedure could clarify this point

Si

[mikeD]

Re: Preparing CPR request but ask for what?

[MENTION=42011]Nem[/MENTION]

No need to apologise, I'm very thankful of your help (and everyone elses).

The other pages forming that agreement are numbered '2 of 3', '3 of 3', and then the fourth (the photocopy) is not numbered. Everything is included in that link, you'll need to click on the document then scroll down to see it all.

[mikeD]

Re: Preparing CPR request but ask for what?

This is the reply to my CPR request:

http://pdfsr.com/pdf/20160817-restons-redacted.pdf

there was a second page but it was just a signoff; nothing of interest.

The PoC includes the words 'assigned to the Claimant on <date>' , so my CPR asked for the 'Notice of Assignment'.

And yet this response says ‘..the otherdocuments you have requested are not “mentioned” in theParticulars of Claim and therefore CPR 31.14(1) does not apply.”.

This is just factually incorrect isn't it?

[mikeD]

Re: Preparing CPR request but ask for what?

I'm writing a draft of my defence at it occurs to me that nowhere in the claim do they refer to the fact that I previously (a few months ago) send them a CCA request, or that they sent me anything in return.

So is this CCA request and the documents returned to me even relevant to this current claim? Should I even refer to them in my defence at all?

[mikeD]

Re: Preparing CPR request but ask for what?

I've found out that the statute barred defence has gone. I unearthed some small payments from 2010 that put me back in the time limit.

It seems to me that the reconstituted agreement they sent me is not enforceable for a signed-in-2006 contract. But I just spoke to someone at national debt helpline and they said that just because the document they sent me is not enforceable, doesn't mean they're not sitting on a perfectly valid one, which they will produce in Court, leaving me high and dry and subject to the additional court / solicitors fees etc.

Now I'm getting really worried

[Amethyst]

Re: Preparing CPR request but ask for what?

The agreement looks quite enforceable - this one isn't it - http://pdfsr.com/pdf/200606-egg-loan...ted-shrunk.pdf

They have included all the terms and 2006 is fine for an online app ( was it online?) Why do you think it isn't enforceable ? ( I only had a quick look so might be missing something )

[mikeD]

Re: Preparing CPR request but ask for what?

[MENTION=6]Amethyst[/MENTION]

I've read in various places (online forums) that due to section 78 of the Consumer Credit Act 1974, reconstituted agreements are not enforceable for pre 2007 signed agreements.

Here for example: http://www.getoutofdebtfree.org/forum/viewtopic.php?f=5&t=69673#.V73I82ErJNA

[Amethyst]

Re: Preparing CPR request but ask for what?

Not the best source of reliable information ( sorry they get on my nelly over at GOODF )

Thing is yours is an online application - note the tick box signature - therefore there is only ever going to be a recon because it is printed out and you never completed a paper form.

Let a couple others have a look and give their thoughts before looking at what your options are though - [MENTION=42011]Nem[/MENTION]esis045 [MENTION=551]pt2537[/MENTION] etc

http://pdfsr.com/pdf/200606-egg-loan...ted-shrunk.pdf is the agreement we're talking about ( you'll need to click on the document 'play' button then scroll down to see it all. )

Any issues with the amounts, default, assignment etc ?

I note there was no PPI on any of the loans ( the ones I looked at anyway) so that's not a negotiating point.

So bummer about the Statute barring being kyboshed.

Just on something Charity mentioned earlier... Egg did have something special on their OFT late payment charges as they were the only lender bothered to evidence how much it cost them - but that was specifically credit cards as opposed to loans.

[mikeD]

Re: Preparing CPR request but ask for what?

It's looking like I'm out of defence options. Even though I stated that I intended to defend the claim when I acknowledged it, can I still offer a lump sum (if I can scrape some money together that is)?

[JulieM]

Re: Preparing CPR request but ask for what?

I believe there is also a way of paying by instalments without getting a ccj.
[MENTION=87380]Diana M[/MENTION]