Urgent - Recevied Court Papers And Need Advice

[kimmy]

I have had 2 accounts with EGG and have been in disoute with them for 2 yeras. I have requested specific information regarding my account. They have not supplied the specific info as requested. In the meantime I have not made any payments but I have stated I am happy to pay as sson as I receive the info. Egg have passed my account to oter DCAs over the past 2 years and nor CABOT are dealing with it. Cabot have wirriten to me anumber of time requesting payments and I have stated I will only deal with EGG as the orginal creditor and will not deal with any 3rd party interveners. They have now sent me a claim form.

I will appreciate your help and advice on this matter urgently.

kimmy





Read more at: Urgent - Recevied Court Papers And Need Advice - Legal Beagles Consumer Forum

[Amethyst]

Re: Urgent - Recevied Court Papers And Need Advice

What is your dispute about the debt ? Is it simply the lack of information (I assume a CCA request?) or do you have valid concerns over whether you actually owe the debt ?

Is the claimant on the claim form Cabot or Egg ?

What are the dates on the claim form (date deemed served is the most important) and if you can type up their particulars of claim that would be useful.

You can, in writing, ask the claimants to agree an extension to the time allowed to enter a defence/admission, to enable them time to locate and send you the agreement and other information required (then inform the court of that agreement).

Ahh found more info on another post

URGENT - RECEVIED COURT PAPERS AND NEED ADVICE
EGG SOLD DEBT TO CABOT FINANCIAL.

Date the claim was issued from the court - 23 DEC 2010

The full Particulars of Claim as detailed on the form:
- The claimant is the Assignee of a Debt from EGG Banking plc
- Credit card ref - xxxxxxx
- Notice of Assignment having been givien to the defendant in writing
- Despite demand for payment, 14078 remains due
- The claimant claims 14368 and interest under s69 county court act 1984 and costs

The amount claimed -
specify claim figure - 14078,
solicitors costs - 100
and court costs - 190.


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So you need to be asking for the notice of assignment under cpr 31.14 and the original agreement etc under part 18. You are looking at fast track with the case so bear that in mind with any decisions on defending on anything other than a solid 'I dont owe this' basis as there can be heavy costs risks with doing so.

Do you own your own home?
Do you have a ''disposable'' income with which to make an offer to pay this debt by installments ? (have you done an IE sheet)

[kimmy]

Re: Urgent - Recevied Court Papers And Need Advice

Hi Amaethyst
Many thanks for your reply and help. Futher please note:
1. I do have my house and that is my concern
2. Based on what info I have supplied - is the clamant EGG or Cabot?
3. My dispute is that I have a concern about the validity of the original contract and I have asked EGG to supply me with certain documenation. They have not supplied this and have sold the debt to Cabot.
5. EGG wrote to me on 24 dec saying they are investigating my concerns and will get back!!
4. Is there a stadard letter I can send to Morgans ie can you provide a link?
5. What should my defence be?
6. Finally, as a final resort I am in a position to offer £600? Will they accept?


Also, I dont understant your comments re:

"are looking at fast track with the case so bear that in mind with any decisions on defending on anything other than a solid 'I dont owe this' basis as there can be heavy costs risks with doing so"

Can you please explain further?

regards
Kimmy

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[EXC]

Re: Urgent - Recevied Court Papers And Need Advice

Also, I dont understant your comments re:

"are looking at fast track with the case so bear that in mind with any decisions on defending on anything other than a solid 'I dont owe this' basis as there can be heavy costs risks with doing so"

Can you please explain further?

I think what Amethyst is saying is that because the claim amount is over the threshold for the small claims court - where generally you are protected from being liable for the other side's costs should you lose - the case will be heard under fast track court procedures and means that in the event that you lose the court could award substantial costs against you.

According to your claim details the claimant is the 'assignee' which is the company that Egg sold the debt to - presumably Cabot.

[Amethyst]

Re: Urgent - Recevied Court Papers And Need Advice

Thanks EXC, precisely

Now, as you don't have a dispute over actually owing the debt, and are a home owner and have concerns over receiving a charging order, I would recommend entering an admission and offer to pay of an affordable monthly installment amount. Alongside I would bring up that there is no evidence of the amount owed as they havent sent a statement of account nor the original agreement so you are unable to check but you believe the debt to be £XXX (the amount you think you do actually owe - possibly remove late payment charges??) and offer installments on that sum. (be very very unlikely to accept £600 F&Fon a £14k debt)

This will give you a little arguing space, show you as willing to pay the debt and get you installments at a rate you can afford (you will need to do a full income and expenditure sheet) and ask to stop them adding any more interest. It will also mean an installment order straight off, and not allow Cabot to allow for a charging order over your home (which they could do if you fought and lost and they obtained a forthwith payment order which you then had redetermined to installments).

Thats my recommendation. Admit amount you know you owe, and offer to pay on it.


If you want a fight and are willing to risk costs and a charging order, vs the very slim chance of getting Cabot to back off and withdrawing the claim, the you could go the route I mentioned earlier - asking for an extension and for the documents you require (the assignment and original agreement) and hope there are flaws in the paperwork or they don't have it, and hope you have a nice judge who accepts your arguments in court that without the paperwork they cannot obtain a ccj against you. There are many people who have used this route - some have won and claims have been withdrawn, but others have only served to double their debts with costs after year long court battles with a number of appearances.

Yep I am a little bit biased, but it is your decision entirely, you have to weigh up what you can afford to risk and how much time effort and research energy you want to devote to this, but you will get as much help as we can give you and there are many knowledgeable people on CCA issues around, but IMO it is likely the original agreement from Egg will be enforceable, so you are really only hoping that cabot/egg just don't have a copy/don't reconstruct a copy/the assignment is faulty (bit peeing in the wind tbh).

Have a read of some others threads too to give you a better idea.

Just my thoughts, have a think and will help you with the next bit xx Ame xx

p.s. best IE sheet is the CFS one which you can find Legal Beagles Consumer Forum you can email it to me if you want it checking over - might also help give me a good idea of your overall circumstances.

[kimmy]

Re: Urgent - Recevied Court Papers And Need Advice

Thanks for that and will consider carefully. Just two more points:
1. The account was in dispute when Egg sold the debt - waht is my legal standing on this point ans why is EGG still responding to my letters requesting for the info I requested?
2. I did have a PPI on the EGG account - does this have any bearing?
3. What kind of amount, in your opionion, will Cabot accept in F&F settlement. I am not currently working and have been unemployed for 2 years.

Kimmy

[Amethyst]

Re: Urgent - Recevied Court Papers And Need Advice

You can defend the PPI element of the claim, as well as most of the late payment charges, which should take a fair whack off the debt. Have you entered any PPI / charges complaint to date ? S'ok if not, that could be why you wanted the paperwork.

Any idea how much you have paid in PPI?


Egg are obliged to respond to your requests as the original creditor, that they no longer own the debt is irrelevant.

Cabot - not a clue but 30% minimum IF you have a good case and they don't have the proper assignment paperwork.

[kimmy]

Re: Urgent - Recevied Court Papers And Need Advice

Thanks
I have not put in any PPI claim - how do I do this? Is there a template letter I should send?

Also why are EGG still responding to my letters requesting furter info on my account, despite them having sold the debt - any ideas?

Many thanks
Kimmy
------------------------------- merged -------------------------------
Oh forgot - approx I was paying £100 pm on PPI for 3/4 years

[EXC]

Re: Urgent - Recevied Court Papers And Need Advice

Thanks
I have not put in any PPI claim - how do I do this? Is there a template letter I should send?

You could do worse than using the generic 'Consumer Questionnaire' Word document here online PPI resource

[kimmy]

Re: Urgent - Recevied Court Papers And Need Advice

If I have been mis-sold PPI - does this mean that the CC contract is void ?

[Amethyst]

Re: Urgent - Recevied Court Papers And Need Advice

Okay, have you sent / submitted your acknowledgement of service ?

Thats the first step to ensure you don't run out of time on the defence, should say on the claim form how to get that done and can be done online (enter 'intend to defend in full' even if you don't as it isnt binding)

By all means get a PPI complaint in to the FOS but you will have to include an estimate of it on your defence.

What was the original debt amount ? Did you cancel the PPI ? Do YOU have any of the original paperwork at all to help work out what PPI amounts you may be able to defend ? Minimum sounds like around £4.5k, which helps.£100 a month sounds like a lot tho - you have any statements from the time you were paying it ? Probably a few hundred charges as well as you fell into problems with payments ?

Get the Acknowledgement of Service into the court and tell us the date for the defence deadline (28 days from date you received claim).


p.s. no missold ppi doesnt mean the cc contract is void.

[kimmy]

Re: Urgent - Recevied Court Papers And Need Advice

The date on the claim form is 23rd dec. Can you confimr what is the date for filing acknowledgement of service and the date for filing defence?
Thanks
Kimmy

[pompeyfaith]

Re: Urgent - Recevied Court Papers And Need Advice

should kimmy not be making the ppi complaint to the lender first ? as i thought the FOS will only take it up if 8 weeks has past ?

[Amethyst]

Re: Urgent - Recevied Court Papers And Need Advice

23rd DEC - couple days for service plus 14 days to acknowledge - so that needs to be in today if possible, if not tomorrow.

That will give you until the 20th January really to get the defence/admission in. (should work out 22nd but it will say when you enter the acknowledgement so say 20th to be safe)

I dont think PPI / FOS etc will matter that much as it is in court so it needs to be a direct defence to paying the PPI element of the claim.....we need to work out WHY it was missold, how much has been paid , and how much interest should be claimed asap.

[kimmy]

Re: Urgent - Recevied Court Papers And Need Advice

Hi
I have acknowledged service and have till the 24 to file a defence.

I will also send a CPR31.14 for disclosure tomorrow. Is there anything else I should be requesting from the claimants at this stage? Whats is of concern is that I have a defalut notice severved on me but dont have any assignement letter or deed of assignemnt sent to me.

Also, can they sue on an account that is and has been in dispute? Is there any law that prohibits this?

PPI - I have never signed any insurance doc and dont have any contract in my records. The agreemnet to buy was made on the phone, verbally and then added to the card.

kimmy