Egg loan arrow global dryden

[Boodazzle]

I will post a longer thread on Monday but for now. I have a county court claim for an old egg loan, claimant is arrow global vis Dryden solicitor. I sent a CCA request to arrow by signed for post. Today I found out that they refused to sign for it so it was returned to me. One pound postal order was enclosed and a standard template and I am wondering how this would affect my defence? A CPR 31 for the same agreement has been sent to Dryden but no reply yet. Thank you for your time.

[charitynjw]

Re: Egg loan arrow global dryden

Hi Boodazzle & welcome to LB.

AG have been routinely refusing SignedFor post.
Personally, I would resend the CCA request & fee to the AG address on the court claim form using ordinary 1st class post.
Obtain a (free) certificate of posting from the Post Office.
Make sure the PO is made payable to AG (name per the court claim form), is endorsed 'For statutory purposes only' & cross refer the letter & PO.
Keep a file copy of the new request & a photo/photocopy of the new postal order for evidence. (As well as the original copy, returned postal order & their response letter.
They are snakes, but let's see them wriggle out of that!

[Diana M]

Re: Egg loan arrow global dryden

I will post a longer thread on Monday

I look forward to that

What is the claim Issue Date on the summons (top right hand corner front page) and have you gone online to file your Acknowledgment of Service to state that you intend to defend all of the claim?

Your Defence deadline will be 33 days from the claim Issue date. That's what matters most right now.

Postal issues can be dealt with in due course.

Di

[charitynjw]

Re: Egg loan arrow global dryden

I look forward to that

What is the claim Issue Date on the summons (top right hand corner front page) and have you gone online to file your Acknowledgment of Service to state that you intend to defend all of the claim?

Your Defence deadline will be 33 days from the claim Issue date. That's what matters most right now.

Postal issues can be dealt with in due course.

Di

:okay:

[Diana M]

Re: Egg loan arrow global dryden

I have a county court claim for an old egg loan

How old

What was the date the loan started, how long was it supposed to run, did you default on the contractual payments before the loan agreed expiry date?

When did you receive any Default Notice from Egg (if you did)?

When did you last make a payment to this account?

Di

[Diana M]

Re: Egg loan arrow global dryden

I have a county court claim for an old egg loan, claimant is arrow global vis Dryden solicitor.

Can you post up (type out) the Particulars of Claim for this county court claim please.

How much is the claim because that may give an indication as to how far the Claimant is willing to pursue this if you file a robust Defence?

Di

[Boodazzle]

Re: Egg loan arrow global dryden

Can you post up (type out) the Particulars of Claim for this county court claim please.

How much is the claim because that may give an indication as to how far the Claimant is willing to pursue this if you file a robust Defence?

Di

Thank you for your reply Di.

The particulars of claim are:

1. The claim is for the sum of c£7,000 (I've not put in the specific amount) in respect of monies owing by the defendent on a credit agreement held by the defendent with egg under account number 1234ABCD upon which the defendant failed to maintain payments.
2. A default notice was served upon the defendant and has not been complied with.
3. The balance owed was assigned from Idem Capital Securities Ltd to the claimant and the defendant has been notified of the assignment by letter.

[Boodazzle]

Re: Egg loan arrow global dryden

The loan was taken out in 2004 and as far as I remember was supposed to run for seven years. I maintained payments initially but got into financial trouble and the last payment was around June 2011 (not statute barred unfortunately). I remember it being very difficult to get hold of Egg around this time to discuss the account and ended up not making anymore payments.

I didn't get a default notice from Egg that I can recall and certainly have never even heard of Idem Capital Securities Ltd.

The claim was issued on 27th Oct (wish I'd found this site a bit sooner as I'm now worried about the time frame for filing a defense). I have acknowledged the claim and indicated I want to defend in full.

As mentioned I sent a CCA request to Arrow by signed for post but it was refused. I have sent a CPR 31.14 request to Dryden (on Friday) by according to Royal Mail it has been redirected (used the address on the claim form).

Any advice would be appreciated, I want to contest this but don't really know where to start.

Thansk you for your time.

[Boodazzle]

Re: Egg loan arrow global dryden

Some further advice required if possible! Mt deadline for filing a defence is tomorrow, I spoke with the solicitors drysden fairfax today and they said that they have referred my CPR 31.14 request back to the claimant. They also said that they won't be taking any action until I have been sent the requested documents but I don't have this in writing.

I also spoke to the court and they advised I don't need to do anything if an extension has been agreed between the claimant and defendant, just submit my defence before the deadline agreed between us.

I am very wary of not filing a defence in time despite what the solicitor said over the phone without written confirmation, I've emailed today asking for confirmation of a 28 day extension.

My questions are if I don't receive an email or letter from the solicitor confirming their agreement to an extension should I file an embarrassed defence? If they do send me confirmation before tomorrow is it correct that I don't have to formally notify the Court of this?

Thank you

[Diana M]

Re: Egg loan arrow global dryden

Mt deadline for filing a defence is tomorrow, I spoke with the solicitors drysden fairfax today and they said that they have referred my CPR 31.14 request back to the claimant. They also said that they won't be taking any action until I have been sent the requested documents but I don't have this in writing.

I also spoke to the court and they advised I don't need to do anything if an extension has been agreed between the claimant and defendant, just submit my defence before the deadline agreed between us.

I am very wary of not filing a defence in time despite what the solicitor said over the phone without written confirmation, I've emailed today asking for confirmation of a 28 day extension.

My questions are if I don't receive an email or letter from the solicitor confirming their agreement to an extension should I file an embarrassed defence? If they do send me confirmation before tomorrow is it correct that I don't have to formally notify the Court of this?

If you don't get an email from Drydens solicitors confirming a 28 day extension by tomorrow lunchtime I think you should go ahead and file your Defence no later than 4 pm.

Di

[charitynjw]

Re: Egg loan arrow global dryden

Some further advice required if possible! Mt deadline for filing a defence is tomorrow, I spoke with the solicitors drysden fairfax today and they said that they have referred my CPR 31.14 request back to the claimant. They also said that they won't be taking any action until I have been sent the requested documents but I don't have this in writing.
Everything should be conducted in writing; email is fine if the Claimant/solicitors are happy with it.

I also spoke to the court and they advised I don't need to do anything if an extension has been agreed between the claimant and defendant, just submit my defence before the deadline agreed between us.

I am very wary of not filing a defence in time despite what the solicitor said over the phone without written confirmation, I've emailed today asking for confirmation of a 28 day extension.

My questions are if I don't receive an email or letter from the solicitor confirming their agreement to an extension should I file an embarrassed defence? If they do send me confirmation before tomorrow is it correct that I don't have to formally notify the Court of this? No, not correct; the Defendant has to notify court.
With written confirmation:
If it were me, I'd email the court stating that an extension has been agreed, & would attach the written confirmation.
No written confirmation:
I would work to the original court deadline.

Thank you

####

[Kati]

Re: Egg loan arrow global dryden

tagging [MENTION=87380]Diana M[/MENTION] xx

[Diana M]

Re: Egg loan arrow global dryden

The only thing I would add is my personal view of agreeing an extension for further time to file a Defence. I'm all for getting on with things.

If the Claimant hasn't got the documents then that can only be good news. No need to give them any more time to find them or reconstitute them.

If they disclose paperwork later down the line then you can file an Amended Defence either by consent with the Claimant or after an application to the court.

Take control of the situation, and put them under pressure from the start

Like I say, this is my personal way of approaching these things, others may see it differently.

Di

[Boodazzle]

Re: Egg loan arrow global dryden

Update - In line with your opinion Di I decided to stick to the original deadline and filed my defence on 29th November on the grounds that they hadn't complied with CPR31.14 or supplied a copy of the credit agreement.

I have just received a letter from Arrow Global with an account statement, copy of default noticed issued by Moorgate and the notice of assignment. They've said that they have requested a copy of the credit agreement and will 'revert back to me' once they are in receipt of it.

Letter also says that their preference is to achieve settlement without further litigation and that they may be able to offer a discount.

Interestingly they say the claim is now being handled by their in-house litigation team, rather than Dryden Fairfax solicitors who initially filed the claim on their behalf.

I phoned the Court this afternoon and the case was stayed on 3rd January.

I would like to resolve this one way or another rather than have it hang over me but not quite sure of the best approach now. Is it advisable to wait a certain amount of time before filing an order to get the case thrown out unless they produce the requested documents? Or should I let things tick along for now.

I don't intend on corresponding with Arrow Global unless I hear something back from the Court in the meantime.

Any thoughts would be appreciated?

Thanks

[Diana M]

Re: Egg loan arrow global dryden

I haven't seen the paperwork so I can't really comment, but I will say it's a bit early to make an application to strike out their claim which has only been stayed three weeks.

They have sent you something although that something may not be enough.

By the time this gets transferred to your local county court to deal with your application, Arrow may have sent you something more. Maybe wait a bit longer to see what they come up with when they "revert" back to you.

Have you sent a SAR to the original creditor to get the full history of this account? If not then it may be wise to do that now.

You say they've sent you a Notice of Assignment. Who is assigning the debt to whom in that Notice since this has been assigned twice hasn't it? They'll need to come up with both assignments/evidence if that is the case.

Di