Northampton County Court claim received

[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.

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

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

[Amethyst]

Re: Northampton County Court claim received

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

[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

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

[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

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

I had 2 - loan & cc.

The Egg cc went to court and I ended up with a CCJ by default as they used a previous address and I never got any of the papers regarding the claim etc. I challenged it in court and lost unfortunately in 2012 I believe. These are the only 2 things I have with Egg.

The only other one was a loan which is what I am dealing with now.

Thanks

[Amethyst]

Re: Northampton County Court claim received

Sorry foxy, so is that 3 products with Egg - 2 loans and a credit card ?

Credit Card - dealt with and you have a CCJ against you for it.

Loan 1 - THIS CLAIM ? ( 2006 agreement)

Loan 2 - ? (2003 agreement)

[Foxyflugel]

Re: Northampton County Court claim received

Hi Amethyst

Yes CCJ for the cc. No - one loan - the 2003 loan was replaced with the 2006 one.

Thanks

[Amethyst]

Re: Northampton County Court claim received

Okay that makes more sense.

So the second loan repaid the first and presumably gave you a further advance ? or just restructured your payments over a different period ?

The cca's look fine, they have the evidence for the DN etc. and they have complied with the 31.14.

Do you have any issues with the debt ? (other than technicalities which I think can be ruled out now. )

If not then it's a case of going through your income and expenditure and making an offer to pay and getting an installment order, or negotiating direct with Earlswood for a reduced settlement and no CCJ.

[Foxyflugel]

Re: Northampton County Court claim received

Thanks for your post Amethyst (and also everyone else who has been a great help throughout).

What did you mean Amethyst when you said any issues with the debt??

It looks like that's the end then , I have just been looking though some letters and I have found one that says - as you have not satisfied the requirements of the default notice we sent you the full balance is now payable - we will now pass your account onto a debt collection agency - is this the TN????

I also received the following :- (just in case anyone does spot anything!)


14/9/10 - Capital Credit Agencies - no contact with Egg - request to contact.
10/1/11 - Collect Direct - letter stating they have been instructed to recover the amount.
7/2/11 - Collect Direct - red letter - listing my options
7/3/11 - Collect Direct - £2k discount offered in order to clear the debt and have the rest written off.
4/4/11 - Collect Direct - letter stating pay within 5 days.
20/9/13 - Arden - request to contact.
10/10/13 - Arden - Final Demand
4/11/13 - Arden - request to contact.
18/11/13 - Earlswood - request to settle in full within 7 days.
2/12/13 - Moorgate - Notice of default sums

I also received statements from Moorgate and notices of sums in arrears. Unusual as on a couple of them dated 23/8/12 and 10/10/12 they stated 'payments due on your account during the period of this statement'

6/6/12 £69.49
2/7/12 £69.49 - I had never agreed to pay these amounts and they are much lower than the monthly amount on the agreement.???

Do companies always offer a 25% discount?:tinysmile_hmm_t2:

Thanks again everyone.

[Amethyst]

Re: Northampton County Court claim received

Sounds like that is the TN - what's the date on it and does it match up with the dates they told you?

Those payment amounts do sound odd, and the dates seem to be when the debt was with Collect ? Did you respond to the 4/4/11 letter at all (as that seems to have been last from them) - maybe making a payment arrangement or something ?

4/4/11 - Collect Direct - letter stating pay within 5 days.

6/6/12 £69.49
2/7/12 £69.49

20/9/13 - Arden - request to contact.


Kudos to you for keeping as many of those letters as you have done, I just bin all mine (I really should learn - you'd think I'd save stuff now after being on here for 7 years and keep telling others to save stuff! lol)

[Foxyflugel]

Re: Northampton County Court claim received

Hi Amethyst

The date is 4/1/11 on the TN then - I just didn't realise that is what it was!:tinysmile_aha_t:

But this why I am sooo adamant that I never received a DN - I know some would see it as a little strange/sad even - but I am a stickler for keeping letters etc - so therefore if they sent one I would have it!

No I never replied to any of their letters - which is why I thought it was unusual when these two monthly amounts due of £69.49 were stated - I don't know where they've magicked those up from tbh.

The amounts stated were on the notice of arrears letters dated 23/8/12 and 10/10/12 and those payment dates stated - I am so confused where all this info has appeared from!..

Thanks

Foxy