Received a Court Claim for Egg Loan

**nemesis45** · 9th October 2016, 08:31:AM

Re: Received a Court Claim for Egg Loan

Good morning, welcome to LB,

Who is the claimant?

I think you will find that the claimant/Restons will rely on the default date rather than the date of the last payment for the start of the relevant 6 year period.

Does this debt appear on your credit reference files? ( you can check Noddle free online).

If you haven't done so already acknowledge service of the claim Online at the MCOL site ( instructions on the court forms). State intention to defend in full but don't enter any defence now.

Once that's done you have 28 days from the date of issue on the claim form (N1) to enter a defence.

Next:-

A request to the claimant for a copy of the agreement for the Egg loan. (CCA request) There's a £1 statutory fee for this use a Postal Order and write " For Statutory Fee Only " on it.

Send by RM signed for post and check delivery date and signature, the claimant has 12 + 2 Working Days to comply.

You will find a template letter in the green box at the top of this page.

Next 2:-

A request to Restons for the documents mentioned in the Particulars of Claim (no fee) mad under the provisions of Civil Procedure Rule 31.14 (CPR)
template in the green box.

Use signed for post for this.

Please don't let this stress you there's loads of incredible help here for you and you will be supported through the process.

nem

On

**Willow75** · 9th October 2016, 21:11:PM

Re: Received a Court Claim for Egg Loan

Thank you so much for your reply Nem, I can not tell you how much I appreciate your help.

The claimant is Arrow and it is Restons that have applied for the court claim.
They have addressed the court claim in my maiden name, I married 5 years ago.
Will this make any difference?

I am just about to check my credit file now, so will update you once I have done so.

And I shall acknowledge service of the claim and post out the letters tomorrow.

I have been a nervous wreck all day through worry.

Thank you once again

**Willow75** · 9th October 2016, 21:59:PM

Re: Received a Court Claim for Egg Loan

Oh goodness me, I feel worse now.
i have just checked my credit file and it states that the default date was the 5th April 2011 even though I last made a payment on the 4th October 2010.

it also states that the opening balance of the loan and the default balance are the same figure. I made payments by monthly direct debit for 3 years (from 2007 up until 2010) so surely this information is incorrect.

i am really worried now.

**charitynjw** · 9th October 2016, 23:07:PM

Re: Received a Court Claim for Egg Loan

Hi Willow75

Although it is wise to pinpoint the actual date when the last payment was made, it would only assume major importance if a statute-barred (SB) defence was likely.

England/Wales
It is a common misconception that SB (via s5 Limitation Act 1980) runs from a period of 6 years since the last payment (providing that there has been no written acknowledgement by the debtor within the 6 years).
This is not correct. The SB clock, on a simple contract, actually starts to tick from what is known as 'the date on which the cause of action accrued'
http://www.legislation.gov.uk/ukpga/1980/58/section/5
Clearly that date is not likely to be the date of the last payment, as at that point the contract has not been breached.
It will only be when subsequent payments are not made that there will be a 'cause of action'. (& usually 2 or 3 missed payments, possibly more in some cases).
Therefore in a case such as yours, as the last payment was (according to your own records) 4th October 2010, the 6 year SB period wouldn't apply.

Scotland has different rules.......basically SB is after 5 years.

**nemesis45** · 10th October 2016, 08:18:AM

Re: Received a Court Claim for Egg Loan

Originally posted by Willow75 View Post

Thank you so much for your reply Nem, I can not tell you how much I appreciate your help.

The claimant is Arrow and it is Restons that have applied for the court claim.
They have addressed the court claim in my maiden name, I married 5 years ago.
Will this make any difference?

I am just about to check my credit file now, so will update you once I have done so.

And I shall acknowledge service of the claim and post out the letters tomorrow.

I have been a nervous wreck all day through worry.

Thank you once again

Good morning Willow,

Thank you for your kind thoughts!!

Unfortunately the name change will not be of any help,
.Restons have been able you to trace you quite easily probably from up dates on your credit files or electoral roll entries.

nem

**Willow75** · 10th October 2016, 13:55:PM

Re: Received a Court Claim for Egg Loan

Hi Nem

Just to update, I have completed the online Acknowledgement of Claim.

I have the letters to send out but just a quick question - Do I sign them in my maiden name (my name shown on the claim form) or my married name?

Also, I lay awake for hours last night thinking over this. On my credit file Arrow have stated that the loan started in March 2007 and defaulted in April 2011.
From recalling certain events I am sure that I took the loan out in 2005 and made payments up to October 2010.
So the information held just does not seem right at all.

Thanking you once again.

**nemesis45** · 10th October 2016, 14:45:PM

Re: Received a Court Claim for Egg Loan

Originally posted by Willow75 View Post

Hi Nem

Just to update, I have completed the online Acknowledgement of Claim.

I have the letters to send out but just a quick question - Do I sign them in my maiden name (my name shown on the claim form) or my married name?

Also, I lay awake for hours last night thinking over this. On my credit file Arrow have stated that the loan started in March 2007 and defaulted in April 2011.
From recalling certain events I am sure that I took the loan out in 2005 and made payments up to October 2010.
So the information held just does not seem right at all.

Thanking you once again.

Hello Willow.

Sign as xxxxxx nee your new name.

looks like you will need to do some digging on those date Willow, a call perhaps to the original creditor for clarification.

nem

**Willow75** · 28th October 2016, 16:13:PM

Re: Received a Court Claim for Egg Loan

Hi hope you are well.

I just wanting to up date my situation.

My 28 days to submit my defence is due on the 2nd November.
I have not received any response at all from either Arrows or Restons, both of the letters that I sent to them were received and signed for on the 14th October.

Should I begin to prepare for my defence to the court, am I able to file it online?

Once again, many thanks for your help and support.

Willow

**nemesis45** · 28th October 2016, 16:18:PM

Re: Received a Court Claim for Egg Loan

Originally posted by Willow75 View Post

Hi hope you are well.

I just wanting to up date my situation.

My 28 days to submit my defence is due on the 2nd November.
I have not received any response at all from either Arrows or Restons, both of the letters that I sent to them were received and signed for on the 14th October.

Should I begin to prepare for my defence to the court, am I able to file it online?

Once again, many thanks for your help and support.

Willow

Hello Willow,

Yes good idea to prepare the defence now, there's a template in the green box above for you to amend to suit your case.

You can file online at the MCOL site.

If you get stuck please come back for help.

nem

**Willow75** · 31st October 2016, 11:37:AM

Re: Received a Court Claim for Egg Loan

Thank you so much Nem, Is it ok to use that template if the claim is over £10,000
Also, the claim form was dated 5th October so am I right in thinking that the defence has to be filed within 28 days ie 2nd November?

And would you mind checking through my defence once I have typed it up.

Kindest Regards

Willow

**Diana M** · 31st October 2016, 13:40:PM

Re: Received a Court Claim for Egg Loan

Originally posted by Willow75 View Post

Is it ok to use that template if the claim is over £10,000
Also, the claim form was dated 5th October so am I right in thinking that the defence has to be filed within 28 days ie 2nd November?

How much is this claim?

You've said it's over £10k so it will be allocated to the Fast Track which means if you lose the case you will have to pay the legal costs of the Claimant's solicitors on top of the amount being claimed in the summons. You need to tread carefully at this stage.

Can you post up the Particulars of Claim (on the front page of the N1) word for word.

You believe this loan account may have been opened by Egg in 2005. You've posted earlier that Arrow is saying an account was opened in March 2007. Let's get to the bottom of that because there could be assignment issues (in your favour).

You've been focussing on whether the debt may/may not be statute barred. Don't lose sight of all the other legal arguments which you could and should raise.

Have you still not received any response to either your CCA Request to Arrow or your CPR 31.14 Request to Restons?

You have 33 (not 28) days from the claim Issue Date to file your Defence.

Di

**Diana M** · 31st October 2016, 13:48:PM

Re: Received a Court Claim for Egg Loan

Originally posted by Willow75 View Post

I just wanting to up date my situation.

I have not received any response at all from either Arrows or Restons, both of the letters that I sent to them were received and signed for on the 14th October.

Should I begin to prepare for my defence to the court, am I able to file it online?

Did Arrow sign for your CCA Request? That's good to hear because another forum member had their letter returned by Royal Mail.

If that was on the 14th October then they are now in default of your CCA Request so cannot enforce the debt in court until or unless they remedy the situation

I expect Arrow will write to you saying they don't "envisage" themselves as the creditor for the purpose of CCA Requests but nevertheless they will ask the original creditor for the documents. They usually send back the postal order too, but that makes no difference to the validity of your request.

Di

**nemesis45** · 31st October 2016, 15:12:PM

Re: Received a Court Claim for Egg Loan

Originally posted by Willow75 View Post

Hi hope you are well.

I just wanting to up date my situation.

My 28 days to submit my defence is due on the 2nd November.
I have not received any response at all from either Arrows or Restons, both of the letters that I sent to them were received and signed for on the 14th October.

Should I begin to prepare for my defence to the court, am I able to file it online?

Once again, many thanks for your help and support.

Willow

Hello Willow,

Still no response from Restons??

Restons should have responded to the CPR request as the debt is over !0K , I wonder if they are attempting to keep this on the Small Claims track Restons have done this before.

What is the full amount claimed?

nem

**Willow75** · 31st October 2016, 23:06:PM

Re: Received a Court Claim for Egg Loan

Hi Di

Thank you so much for your reply.

The amount claimed is £11,978.24 plus court fee £539.02 plus legal costs £100.00, total amount of claim £12,617.26

The exact particulars of the claim are:

'The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant and Egg dated on or about Mar 09 2007 and assigned to the Claimant on Nov 30 2015'

particluars a/c no. 25748621

Date 26/07/2016 Default Balance £11,978.24
Post Refrl Cr - NIL

-------------------------------------------------------------------------------------

I am 99% sure that I took the loan out in 2005 as that is the year I changed jobs and I recall asking the HR dept to verify my salary to Egg before I left the company.
I am not sure how I am going to be able to find the exact date out.

I have not received any response from Arrow as of yet but I have received a letter from Restons today stating the following:

We acknowledge receipt of your rcent request made pursuant to CPR 31.14

We would point out that the claim was issued via the County Court Business Centre which is a procedure specifically provided for in the CPR. This procedure only allows a Claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of Practice Direction 7E specifically states 'The requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claim does not apply to claims started using an online claim form, unless the particulars of claim are served in accordance with paragraph 5.2 of the practice direction.'

We would also remind you that CPR 31.14 states: 'A party may inspect a document mentioned in:
(a) a statement of case
(b) a witness statement
(c) a witness summary
(d) an affidavit

You would have been provided with a copy of the contractual Terms and Conditions at the time the account was opened and hence we see no reason why you now require an additional copy.

Futhermore the other documents you have requested are not 'mentioned' in the Particulars of Claim and therefore CPR 31.14 (1) does not apply.

Although your letter states that you require the requested documents in order to file a defence / counterclaim, we would point out that the Particulars of claim contain sufficient information in order for you to understand what the claim relates to, namely:
(a) the date the account was opened
(b) the account number
(c) the outstanding balance
(d) the name of the original creditor
(e) the fact that the account has been assigned to the claimant and when it was assigned

We note your comment that you have issued a CCA request to our client and confirm that we are awaiting our clients instructions in relation to the same.

We trust this clarifies matters.

So sorry that this is rather long, but I wanted to include everything word for word.

I really have not got a clue how to respond to Restons letter.

Willow

Received a Court Claim for Egg Loan