Northampton County Court claim received

[Amethyst]

Re: Northampton County Court claim received

Ok.

Can you just list the products you had with Egg and where you are at with each now. This credit card bit is bugging me.

[Foxyflugel]

Re: Northampton County Court claim received

Hi Amethyst - the 2003 doc was for the first loan not the cc. My extension is until 21st Jan 2014.:tinysmile_hmm_t2::tinysmile_hmm_t2::tinysmil e_hmm_t2:

[Amethyst]

Re: Northampton County Court claim received

Ahhh is the 2003 agreement for the credit card you mentioned had benn 'dealt with' by a CMC.

[Amethyst]

Re: Northampton County Court claim received

So 2003 was a paper application for what - another Egg loan ??

The 2006 is for the account in question in this case and was applied for online hence the tick box signature. Copy of that document is here http://www.legalbeagles.info/forums/...924#post394924 .

Have just slotted in the DN and TN dates to the timeline and they do fit perfectly. Copies would just be generic templates with a Witness Statement saying the computer records show they were sent as it was normal practice etc.



Oct 2006 started for 72 months (6yrs) which made last payment due on Sept 2012
April 2010 you made last payment
2nd Dec 2010 Default Notice was issued to you
4th Jan 2011 Termination Notice
Jan 2011 they registered the default
July 2011 Egg sell debt to Britannica Recoveries
18 Nov 2013 Formal Demand issued
28 Nov 2013 Summons




When is your extension to ?

[Amethyst]

Re: Northampton County Court claim received

http://www.legalbeagles.info/forums/...r-details-safe!) ( for upoading docs )

[mystery1]

Re: Northampton County Court claim received

Service is an interesting yet unclear term. Unlike road traffic i don't see any term that if it's not delivered service can be rebutted. I imagine it can be argued but not sure how different judges would interpret this.

http://www.bailii.org/ew/cases/EWHC/...2009/2924.html

Anyway gotta go and earn some money so won't be around until late.

M1

[Foxyflugel]

Re: Northampton County Court claim received

Thanks for your reply Mystery.

From reading on the forums I was under the impression that if they say they have sent it - ie, put postage on and posted it - then that is good enough - it is deemed as sent in the judges' eyes. I am also unsure as to why the have sent the agreement from 2003. I also don't recall 'ticking' a box for a signature!! The agreement and other docs have been retrieved from a drive called 'paragon online docs' or something so contain no date or anything. :tinysmile_hmm_t2:

[mystery1]

Re: Northampton County Court claim received

Thanks for your reply Mystery. There are 2 agreements - one is from 2003 - hand signed - and the other from 2006 which is a tick box for a signature - not sure why they have sent them both. Do they have to provide a copy of TN and DN or is the claim that they were sent on x date with 2 computer generated data print outs stating these dates suffice?? Are they deemed to have complied fully with my request if I haven't received copies? I can scan the t&cs but only in pdf - how do I upload them onto here in pdf format? - would these be of any use??

Thanks again.

The POCs you typed up only cite one agreement although it doesn't actually state a date.

A TN is not mentioned in the POCs so is not required to be sent via 31.14. A DN depends on whether they actually have a copy. They are not required to keep a copy but if you deny receiving it how would they prove they sent it or disprove any errors that you claim are in the document ? I think if they do not have your DN they have to say so.

M1

[Foxyflugel]

Re: Northampton County Court claim received

Thanks for your reply Mystery. There are 2 agreements - one is from 2003 - hand signed - and the other from 2006 which is a tick box for a signature - not sure why they have sent them both. Do they have to provide a copy of TN and DN or is the claim that they were sent on x date with 2 computer generated data print outs stating these dates suffice?? Are they deemed to have complied fully with my request if I haven't received copies? I can scan the t&cs but only in pdf - how do I upload them onto here in pdf format? - would these be of any use??

Thanks again.

[mystery1]

Re: Northampton County Court claim received

If they have complied with 31.15 it's time to seek out the information that may provide a defence. A lack of default notice is one of them.

Why are there 2 agreements ?

M1

[Foxyflugel]

Re: Northampton County Court claim received

Anyone??????????

[Foxyflugel]

Re: Northampton County Court claim received

Happy New Year everyone. :tinysmile_grin_t:

I spent all yesterday looking through all my filing system and I cannot find a DN or TN from them - I believe I never received them.

What now? :tinysmile_cry_t:

Thanks

Foxy

[Foxyflugel]

Re: Northampton County Court claim received

NO!!!!!!!!!!!! do not send a copy to the Court, this is wrong and it has been known to be taken as your defence to the claim.

I would suggest you simply email the Court, and say

I write to confirm that the Claimant and Defendant have agreed pursuant to CPR rule 15. 5 that the period for the defence is extended til 4pm on ....................

Please ensure no requests for judgment are processed before this date.

That is all you need

Thanks again PT..will do that tomorrow.

Foxy

[pt2537]

Re: Northampton County Court claim received

I have received the letter from Earlswood enclosing the documents and confirming the extension so I am going to scan and email this to the court tomorrow.

They have enclosed a couple of copy agreements - one from Oct 2003 (signed) and the one from 2006 (tick box). They have also enclosed some t&cs and a copy of the assignment letter (although there are some variables still in there).

Earlswood have stated that they "can confirm the originator has advised that Default Notice was issued to you on 2nd Dec 2010 and allowed me 28 days to respond and the Termination Notice was issued on 4th Jan 2011".

They have included computerised print outs regarding the TN and DN with letter dates as they have 'advised'.

Any advice - what should I check - I cannot recall receiving any DN or TN and they are not in my filing system which is strange as I keep absolutely everything.

Any advice or pointers on what to check anyone?????????

Thanks

Foxy :santa2:

NO!!!!!!!!!!!! do not send a copy to the Court, this is wrong and it has been known to be taken as your defence to the claim.

I would suggest you simply email the Court, and say

I write to confirm that the Claimant and Defendant have agreed pursuant to CPR rule 15. 5 that the period for the defence is extended til 4pm on ....................

Please ensure no requests for judgment are processed before this date.

That is all you need

[Foxyflugel]

Re: Northampton County Court claim received

I have received the letter from Earlswood enclosing the documents and confirming the extension so I am going to scan and email this to the court tomorrow.

They have enclosed a couple of copy agreements - one from Oct 2003 (signed) and the one from 2006 (tick box). They have also enclosed some t&cs and a copy of the assignment letter (although there are some variables still in there).

Earlswood have stated that they "can confirm the originator has advised that Default Notice was issued to you on 2nd Dec 2010 and allowed me 28 days to respond and the Termination Notice was issued on 4th Jan 2011".

They have included computerised print outs regarding the TN and DN with letter dates as they have 'advised'.

Any advice - what should I check - I cannot recall receiving any DN or TN and they are not in my filing system which is strange as I keep absolutely everything.

Any advice or pointers on what to check anyone?????????

Thanks

Foxy :santa2: