Received a Court Claim for Egg Loan

[Willow75]

Re: Received a Court Claim for Egg Loan

Good evening Nem,

I have received a letter from Restons today, which I have typed word for word in my reply to Di.
I have still not received anything from Arrow yet though.

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

Thank you so much for your time.

Willow

[Diana M]

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 . . . .

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.

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.

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.

Here's the thing

It's a common misconception that just because a solicitor sends you a letter you have to respond to it. Sometimes you do and sometimes you don't (have to respond).

There's a second misconception that just because a Claimant states a fact in the Particulars of Claim that 'their' fact is true.

Not necessarily.

In fact they'll have to convince the court of 'their' truth.

You are 99% sure that you opened this Egg account in 2005 and you have reasons to believe that to be the case. I have a reason to believe you too (more later).

A SAR to the original creditor would prove that fact either way.

My firm always advises a Defendant to send a SAR on immediate receipt of a claim. I suggest you do that right away.

The amount claimed is over £10k so I see no justification for Restons solicitors to demand that the claim is not allocated to the Fast track. That's not their decision. CPRs rule.

The letter you have received from Restons suggests that neither they nor their client (the Claimant) have any of the relevant documents they need to progress this claim against you.

That situation may change but until it does (if ever) you will have a Defence.

Di

[Willow75]

Re: Received a Court Claim for Egg Loan

Thank you so much for your quick response, I really do appreciate your help.

I shall post a SAR tomorrow, my only problem is that I do not think that Egg Banking exists anymore.
On searching the internet I can only find information on Canada Square Operations Ltd (formerly known as Egg Banking plc)

Would I need to send the SAR to Canada Square Operations Ltd?

Many thanks

Willow

[nemesis45]

Re: Received a Court Claim for Egg Loan

Good evening Nem,

I have received a letter from Restons today, which I have typed word for word in my reply to Di.
I have still not received anything from Arrow yet though.

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

Thank you so much for your time.

Willow

Good morning Willow,

Standard Restons response template ( means that they have nothing to send you!!

nem

[Willow75]

Re: Received a Court Claim for Egg Loan

Hi Nem

I suppose I should be slightly relieved that it is one of Restons standard letters, they sound so 'legal and frightening'

So will it go in my favour if they do not have any documents to send to me?
I have still not received anything from Arrow yet.

Is working on my defence still my next stage, Di has mentioned that I have 33 days from the date on the court form which actually gives me to the 7th November.

As always - Many many thanks

Willow.

[Diana M]

Re: Received a Court Claim for Egg Loan

So will it go in my favour if they do not have any documents to send to me?
I have still not received anything from Arrow yet..

Yes, it's good news if they don't have the documents. They'll have difficulty enforcing the debt in court without them

If they provide paperwork after you've filed your Defence it may make sense to then file an Amended Defence reflecting what's been disclosed.

Fast Track is a slow process.

It's roughly 30 weeks from when the claim has been allocated to the final hearing..

Di

[nemesis45]

Re: Received a Court Claim for Egg Loan

Hi Nem

I suppose I should be slightly relieved that it is one of Restons standard letters, they sound so 'legal and frightening'

So will it go in my favour if they do not have any documents to send to me?
I have still not received anything from Arrow yet.

Is working on my defence still my next stage, Di has mentioned that I have 33 days from the date on the court form which actually gives me to the 7th November.

As always - Many many thanks

Willow.

Hello Willow,
If they don't have the agreement of a fully compliant reconstituted one they cannot enforce the debt.

If you wish when you have made a draft defence post it here and we can go over it with you to make sure it's seen just tag me [MENTION=55034]nemesis45[/MENTION] and I'll pick up the thread.

nem

[Willow75]

Re: Received a Court Claim for Egg Loan

Good evening Nem and Di,

I have been working on my defence and as all this is very new to me I am not sure if I have prepared it correctly, so if you could spare a few minutes to read through it I would be very grateful.

I couldn't find a way to upload it from a word document so I have copied it below:
many thanks for your time again:

In the County Court BusinessCentre

Claim Number: C0CY4***

BETWEEN:

Arrow Global Ltd (Claimant)

and

***** (Defendant)

DEFENCE

1: I received the claim C0CY4*** from the CountyCourt Business Centre of Northampton County Court on the 7^th October2016.

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

3: This claim appears to be for a Loan agreement regulated under theConsumer Credit Act 1974.
[It is admited/denied] that the Defendant has [previously]with [Original Creditor /Claimant] forprovision of credit.
4: The Claimants statement of case fails to give adequate information to enableme to properly assess my position with regards the claim.

5. The Claimants statement of case states that the account was assigned from Egg to Arrow Global Ltd on November30^th 2015. The Defendant does not recall receiving notice ofthis assignment.

6. It is denied that Egg served any Default notice on the Defendant pursuant tos77 Consumer Credit Act 1974. The Claimant is required to prove that acompliant Default Notice was served upon the Defendant.

7. On the 7^th October 2016 I sent a request for inspection ofdocuments mentioned in the claimants statement of case under Civil ProcedureRule 31.14 to Restons Solicitors Ltd. I requested the Claimant provide copies of theContract, Default Notice and Notice ofAssignment.

8. Restons Solicitors Ltd hasnot sent any of these documents to me.

9. On the 7^th October 2016 Isent a formal request for a copy of the original agreement to Arrow Global Ltd pursuant to section 77 of the Consumer Credit Act 1974along with the statutory £1 fee.

10. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974cannot enforce the agreement.



11. Under Civil Procedure Rule 16.5 (4)Where the claim includes a money claim, a defendant shall be taken to requirethat any allegation relating to the amount of money claimed be proved unless heexpressly admits the allegation. Therefore it is expected that the Claimant berequired to prove the allegation that the money is owed as claimed.

12. I request the court orders the Claimants to provide the necessarydocumentation in order for me to fully plead my case else the Claim shouldstand struck out.

13. In the event that the relevant documents are received from the Claimants Iwill then be in a position to amend my defence, and would ask that theClaimants bear the costs of the amendment.

14. It is denied that the Claimant is entitled to the relief as claimed or atall.

Statement of Truth

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



Signed …………………………………………

Dated .................................................. ....

[Diana M]

Re: Received a Court Claim for Egg Loan

Di has mentioned that I have 33 days from the date on the court form which actually gives me to the 7th November.

. . . . . which means you absolutely must file your Defence online no later than 4 pm tomorrow.

Di

[charitynjw]

Re: Received a Court Claim for Egg Loan

Hopefully with para #6 of the defence suitably corrected.