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:

[Amethyst]

Re: Northampton County Court claim received

I'm hazarding a guess then that no one can see anything that could successfully defend the claim.

It is quite usual for DCA's to make reduced offers of settlement prior to taking court action (as they probably paid peanuts for the debt and don't want the hassle of court/costs etc and have their targets to meet)

We appear to have all the paperwork in order and there's no major dispute on the debt.

So, you can either contact them and indiciate that you'd like to settle by way of a consent order (tomlin order) with a monthly installment offer. If they accepted that it would mean you didn't get the CCJ but if you defaulted on the payments they could pick the CCJ process back up. It is worth a shot and they may ask for security if the installment payment offer is lower than they are happy with (eg by way of a voluntary charging order) - as the claim is for £8k odd it's quite likely they'd be allowed a charging order by the court if it went to a CCJ anyway.

SO next step in my mind is to get your income expenditure sheet done and contact them with your offer.

Sorry foxy, if there was something we'd use it, I can't see anything, and I'd have to assume no one else can either.

[Foxyflugel]

Re: Northampton County Court claim received

Anyone???

thanks

[Foxyflugel]

Re: Northampton County Court claim received

Can anyone else spot anything? Any advice?

Many thanks guys.

Foxy :tinysmile_hmm_t2:

[Foxyflugel]

Re: Northampton County Court claim received

I 've just got a gut feeling about it and I don't know why! Do they ordinarily offer you a discount if all the paperwork is 100% - surely it wouldn't have cost them £2k in court costs (cutting their losses so to speak). No I hadn't paid the 2003 loan off - it was for 6 years. The 2006 was to clear that off and it says on the paperwork they've sent - pay off loan and external credit card.

Thanks so much for your help Amethyst.

[Amethyst]

Re: Northampton County Court claim received

s'ok just trying to suss the £69.49 bitty xx I'll let others have a look over the thread for a bit see if they can see something I'm missing before you have to make a decision xx possibly along the restricted use credit lines with the refinancing of the loan.... how did the new loan come about in 2006.... had you paid off the 2003 one , or did it repay the 2003 loan ?

[Foxyflugel]

Re: Northampton County Court claim received

On the 2003 loan it was £225.81 and I can't remember on my cc - I am paying that monthly as per the CCJ instalments.

[Amethyst]

Re: Northampton County Court claim received

What was your monthly payment amount on your 2003 loan ?

(and on your credit card....do you pay the CCJ via installment?)

[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

[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

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

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

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

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

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