Northampton County Court claim received

[Foxyflugel]

Hi everyone

I received a court claim form dated 28th Nov 2013 - it is from Earlswood Solicitors and the claimant is Britannica Recoveries s.a.r.l.- Moorgate. The POCs say

1) Egg made a loan to Defendant (D) subject to standard terms and conditions.

2) Claimant (C) purchased loan on 11/07/11

3) If any instalment was not paid on due date, C would be entitled to repayment of outstanding balance of total payable, less (on payment) any rebate to which D might be entitled.

4)D failed to pay instalments due. C issued a default notice requesting payment D failed to pay the sums due, which consequently became immediately due and payable, Formal Demand issued dated 18.11.13

5) D has failed to pay the outstanding balance of £XXX.

I have checked my credit file and it says this debt was defaulted on 10/1/11.

I have completed an online AOS

I have sent (yesterday) a CPR 31.14 to the solicitors requesting the agreement, default notice and termination notice.

Any more advice anyone??

Many thanks in advance

Foxy :santa2:

[Gorang]

Re: Northampton County Court claim received

Hi foxy

Looks like you have a good handle on things already, well done

When was this loan taken out??
Did you default on payments??

Basically we see their version above in the POC so whats the real (your) version lol

Any more advice anyone??

Keep a good eye on your date for submitting a, defence, application or time extension

[Amethyst]

Re: Northampton County Court claim received

Have you sent a CCA request ?

[Gorang]

Re: Northampton County Court claim received

Have you sent a CCA request ?

OOps I forgot about that one sorry

[FlamingParrot]

Re: Northampton County Court claim received

When was this loan taken out and what's the (approx.) amount claimed?

[Foxyflugel]

Re: Northampton County Court claim received

On my records it was taken out in Oct 2006 for 72 months. As for the default date I haven't checked if this is accurate as posted on my credit file. Amount is £8k ish. I did send for a CCA and they sent me a few photocopied docs which were very hard to read as I remember. I have already been pointed in the right direction to make a start on this - just need to keep going!!

Thanks for your replies guys :santa2:

[FlamingParrot]

Re: Northampton County Court claim received

On my records it was taken out in Oct 2006 for 72 months. As for the default date I haven't checked if this is accurate as posted on my credit file. Amount is £8k ish. I did send for a CCA and they sent me a few photocopied docs which were very hard to read as I remember. I have already been pointed in the right direction to make a start on this - just need to keep going!!

Any chance of posting them up after removing your personal details? :typing:

[Foxyflugel]

Re: Northampton County Court claim received

Will look them out FP and post them up. I have checked on my bank account and the last payment I made was 7 April 2010!! :santa_smiley:

[Gorang]

Re: Northampton County Court claim received

Hi Foxy

So the timeline is

Oct 2006 started for 72 months (6yrs) which made last payment due on Sept 2012
April 2010 you made last payment
Jan 2011 they registered the default (8 to 9 months later..is over the 6 months...not a very strong point for a defence on its own)
July 2011 Egg sell debt to Britannica Recoveries
18 Nov 2013 Formal Demand issued
28 Nov 2013 Summons (Mmmmm Only 16 days after the formal demand is made, that seems a bit quick to me as I would of thought you would need 14 clear days + postage days, but I could be wrong with this)

we need to start to look at

The Agreement
The DN notice
The Notice of assignment
The CPR processes before they file the claim (ie.LBA)

Did Egg issue a DN (Default Notice) to you??
Did either of them give you a NOA (Notice of Assignment)???
Did you get the Formal Demand Notice???

[Foxyflugel]

Re: Northampton County Court claim received

Hi Goran and many thanks for your reply.

The formal demand was dated the 18th November (as they said in POC) - so that makes the time frame even less!! The default is under the name of Britannica. Will look for other docs.

[FlamingParrot]

Re: Northampton County Court claim received

Hi Goran and many thanks for your reply.

The formal demand was dated the 18th November (as they said in POC) - so that makes the time frame even less!! The default is under the name of Britannica. Will look for other docs.

When you say it's in the name of Britannica, are you referring to your credit file? Or was the DN issued by Britannica?

Was there any PPI on the loan?

[Gorang]

Re: Northampton County Court claim received

Hi Goran and many thanks for your reply.

The formal demand was dated the 18th November (as they said in POC) - so that makes the time frame even less!! The default is under the name of Britannica. Will look for other docs.

Sorry my mistake

So that makes it even worse as gives you even less time to rectify the Demand ONLY 8 clear days, WITHOUT allowing for postage days

I will go back and edit my post above so not to cause any confusion for others looking in or checking the timeline

[Foxyflugel]

Re: Northampton County Court claim received

In answer to your questions - no PPI - and the default on my credit file is in Britannicas name.

I received a letter from Egg in June 2011 (that is the date on the letter!) saying it was to be transferred to Brittanica.

I then received a letter from Britannica dated 24/6/11 saying pretty much the same.

I have been chased by various agencies - Arden this year - receiving a final demand in October from them - also Collect Direct (from Jan 2011) - in March 2011 they offered me a £2k settlement discount.

The letter from the solicitors was dated 18/11/13 and said I had 7 days to pay from the date of the letter - is that the Formal Demand???

DN - I'm not sure as I will have to root through some more paperwork - I always keep everything but my filing is way behind.

I'm slightly confused as I have also found the agreement they sent me - it was May 2010. It looks like a computer generated form and has a tick in the box for a signature - it came with printed terms and conditions.

I find this very strange as my partner at the time took out a loan with them in Nov 06 and his copy agreement is actually signed and also has the terms and conditions printed - this he received a week later than I received mine.

Additionally, the payments that they state on the Notice of sums in arrears are not the same amount as my loan payments is this normal? Their payments say £70 pm and the loan was £275pm - may mean nothing but just something I noticed.

The amount at the time of default was exactly the same (to the penny!!) as a Citicard I had which (with a good solicitors services) they withdrew from court - is this just coincidence or could they have got the OC wrong??? It's just got me thinking - maybe it's a little too late and I'm overthinking this.

Will scan and post up the agreement tomorrow.

Thanks again for everyones input.

Foxy :santa2:

[Gorang]

Re: Northampton County Court claim received

Foxy

can you scan and post up the FD letter and the DN if you find it (Minus any of your personal details) as well please as companies have been known to completely screw these up while/If they have conjured them up from a Paul Daniels kit

And from what you have said they don't sound right to me, so more eyes on them the better I think as someone may spot something else wrong with them, you never know

[Foxyflugel]

Re: Northampton County Court claim received

Hi everyone

Apologies for the delay. I have posted the agreement that I received (minus several pages of t&cs) and the letter I received from the solicitors.









Thanks all. :santa2: