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Hello all, Just wondering if I could get some good help and advice. I am in a situation where I need to send off an aq by 18th November and not sure what to do. Im struggling to get help off any CAGers on this so thought I would see if anyone could be helpful on here? As you can see below I have had to base my defence mainly on a missold PPI issue.
Below is my situation and what has gone on inc the POC Pic etc.
Story so far:
1. I seeked advice from CCCS as I had debt troubles last year.
2. I followed the advice from CCCS and sent out a token payment letter to all my creditors.
3 . All accepted my token payment exept Egg
which have been a pain in the ass.
4. Debt passed to various DCA's
5. Finally got to Fredericksons.
6. BC got involved.
7. Got letter before action.
8. I sent BC a CCA request with a PO along with my Income and Expenditure that I did with the CCCS showing I can only afford a £1 token payment till my circumstances change.
9. BC sent back my PO and said this needs to be sent to EGG and has nothing to do with them and also said to carry on making my payment.
10. A month later and the CC Judgment arrives.
11. Seeked help from the amazing caggers.
12. Defended in full on the site.
13. CPR sent to BC.
14. Got a 28 day extension.
15. CCA arrived all seems 'Enforceable'
16. Then recieved another copy of my CCA along with ALL my statements from when I had my EGG card.
17. Calculated Mis-sold PPI with interest and default charges.
18. Wrote a letter to try for a Consent Order with a little help of funding from family to try avoiding a CCJ
19. BC noted the contents and passed it onto EGG
20. Got the consent order through but my offer was declined by EGG and they made me an offer which I couldnt afford so didnt go ahead with it.
My defence that I submitted is here:
Egg - Claimant
and
xxxxxx - Defendant
1. I xxxxx am the Defendant in this action & I am a Litigant in Person.
2. Except where otherwise mentioned in this Defence, I neither admit nor deny any allegation made in the Claimant’s Particulars of Claim and put the Claimant to strict proof thereof.
3. The amount claimed by the Claimant is incorrect due to the fact there are unlawful charges on the account which amount to £72 plus Statutory interest of which are late fees and unpaid direct debit charges.
4. The Defendant currently has a PPI complaint with the Financial Ombudsmen Service which was sent on 20/11/2009 and is awaiting a decision.
5. The Defendant believes that the PPI on this account was mis-sold and that the Claimant did not follow the FSA guidelines of selling PPI.
6. The Defendant claims that Payment Protection Insurance (PPI) was sold with the credit card, and that the PPI was mis-sold for the reasons given below.
i) The Defendant claims repayment of the PPI premiums (£598.00) and interest (compound) at the contractual rate in force at the time of the relevant payments (£104.50).
ii) The Defendant further claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from the dates the amounts became due to the date of this Defence (18.10.2010) of £412.69 and also interest at the same rate up to the date of judgement or earlier payment at a rate of £0.09/day.48.
This is prohibited by reason of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) S2(3)(a).
iii) The Defendant avers that he did not actively opt for PPI when applying online for the credit card & that he was never presented with the information that would enable him to make a reasoned judgement on such before embarking on the credit card agreement.
iv) The Defendant was not informed at any time that he had the option to buy PPI elsewhere.
v) The Defendant is of the opinion that the Claimant deliberately constructed obstacles to prevent cancellation of the PPI when the Defendant became aware that it had been added to the account without his permission or knowledge.
vi) The Defendant had already obtained PPI from another insurer as shown on the statements thus not requiring Egg’s PPI.
vii) It was never explained that the PPI would attract interest.
7. In considering this, and all matters in this Defence, the Defendant asks the court to take into account the following Principles of Business which are legally binding on EGG, under the Financial Services & Markets Act 2000, and are contained in the FSA Handbook:
Principle 1 Integrity - A firm must conduct its business with integrity.
Principle 2 Skill, care and diligence - A firm must conduct its business with due skill, care and diligence.
Principle 3 Management and control - A firm must take reasonable care to organise and control its affairs responsibly and effectively, with adequate risk management systems.
Principle 5 Market conduct - A firm must observe proper standards of market conduct.
Principle 6 Customers' interests - A firm must pay due regard to the interests of its customers and treat them fairly.
Principle 7 Communications with clients - A firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading.
Principle 8 Conflicts of interest - A firm must manage conflicts of interest fairly, both between itself and its customers and between a customer and another client.
Principle 9 Customers: relationships of trust - A firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgment.
8. Under section 75(1) of the Consumer Credit Act 1974, a creditor is jointly and severally liable for misrepresentations and breaches in contract of the supplier, and therefore the Defendant contends that the Claimant is liable.
9. In March 2009 the defendant sought advice from the Consumer Credit Counseling Service and was advised to pay what he could reasonably afford and to send out a ‘offer of token payment’ letter along with an Income and Expenditure list to all his creditors.
10. All the Defendants creditors with the exception of Egg accepted the offer of £1.00 per month until his financial situation changes.
11. If the court were to award judgment to the Claimant this would undoubtedly result in the Claimant having an unfair advantage over the other creditors who have accepted the offer of £1.00 per month.
12. The Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award.
13. The Defendant raised the above issues of mis-sold PPI with the Claimant on 13/10/2009 & the account was in dispute. Therefore the Claimant should never have commenced this claim & the Defendant that the claim should be struck out forthwith.
Statement of Truth
I, xxxx, believe the above statement to be true and factual
Signed:
This was submitted 18th October. I then got my aq through on 3rd November and would now like some help on what to do and what I can ask for using a draft order for directions etc?
I recieved Bryan Carters aq through yesterday and had nothing in it that looked bad all the boxes where checked like I will be doing with mine.
If anymore info a pics of my CCA etc are needed let me know and I will get them up.
thanks
wilchy
Below is my situation and what has gone on inc the POC Pic etc.
Story so far:
1. I seeked advice from CCCS as I had debt troubles last year.
2. I followed the advice from CCCS and sent out a token payment letter to all my creditors.
3 . All accepted my token payment exept Egg
which have been a pain in the ass.4. Debt passed to various DCA
's5. Finally got to Fredericksons.
6. BC got involved.
7. Got letter before action
.8. I sent BC a CCA request with a PO along with my Income and Expenditure that I did with the CCCS showing I can only afford a £1 token payment till my circumstances change.
9. BC sent back my PO and said this needs to be sent to EGG and has nothing to do with them and also said to carry on making my payment.
10. A month later and the CC Judgment arrives.
11. Seeked help from the amazing caggers.
12. Defended in full on the site.
13. CPR sent to BC.
14. Got a 28 day extension.
15. CCA arrived all seems 'Enforceable'
16. Then recieved another copy of my CCA along with ALL my statements from when I had my EGG card.
17. Calculated Mis-sold PPI
with interest and default charges.18. Wrote a letter to try for a Consent Order with a little help of funding from family to try avoiding a CCJ
19. BC noted the contents and passed it onto EGG
20. Got the consent order through but my offer was declined by EGG and they made me an offer which I couldnt afford so didnt go ahead with it.
My defence that I submitted is here:
Egg - Claimant
and
xxxxxx - Defendant
1. I xxxxx am the Defendant in this action & I am a Litigant in Person.
2. Except where otherwise mentioned in this Defence, I neither admit nor deny any allegation made in the Claimant’s Particulars of Claim and put the Claimant to strict proof thereof.
3. The amount claimed by the Claimant is incorrect due to the fact there are unlawful charges on the account which amount to £72 plus Statutory interest
of which are late fees and unpaid direct debit charges. 4. The Defendant currently has a PPI
complaint with the Financial Ombudsmen Service which was sent on 20/11/2009 and is awaiting a decision.5. The Defendant believes that the PPI on this account was mis-sold and that the Claimant did not follow the FSA guidelines of selling PPI.
6. The Defendant claims that Payment Protection Insurance (PPI) was sold with the credit card, and that the PPI was mis-sold for the reasons given below.
i) The Defendant claims repayment of the PPI premiums (£598.00) and interest (compound) at the contractual rate in force at the time of the relevant payments (£104.50).
ii) The Defendant further claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from the dates the amounts became due to the date of this Defence (18.10.2010) of £412.69 and also interest at the same rate up to the date of judgement or earlier payment at a rate of £0.09/day.48.
This is prohibited by reason of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) S2(3)(a).
iii) The Defendant avers that he did not actively opt for PPI when applying online for the credit card & that he was never presented with the information that would enable him to make a reasoned judgement on such before embarking on the credit card agreement.
iv) The Defendant was not informed at any time that he had the option to buy PPI elsewhere.
v) The Defendant is of the opinion that the Claimant deliberately constructed obstacles to prevent cancellation of the PPI when the Defendant became aware that it had been added to the account without his permission or knowledge.
vi) The Defendant had already obtained PPI from another insurer as shown on the statements thus not requiring Egg’s PPI.
vii) It was never explained that the PPI would attract interest.
7. In considering this, and all matters in this Defence, the Defendant asks the court to take into account the following Principles of Business which are legally binding on EGG, under the Financial Services & Markets Act 2000, and are contained in the FSA Handbook:
Principle 1 Integrity - A firm must conduct its business with integrity.
Principle 2 Skill, care and diligence - A firm must conduct its business with due skill, care and diligence.
Principle 3 Management and control - A firm must take reasonable care to organise and control its affairs responsibly and effectively, with adequate risk management systems.
Principle 5 Market conduct - A firm must observe proper standards of market conduct.
Principle 6 Customers' interests - A firm must pay due regard to the interests of its customers and treat them fairly.
Principle 7 Communications with clients - A firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading.
Principle 8 Conflicts of interest - A firm must manage conflicts of interest fairly, both between itself and its customers and between a customer and another client.
Principle 9 Customers: relationships of trust - A firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgment.
8. Under section 75(1) of the Consumer Credit Act 1974, a creditor is jointly and severally liable for misrepresentations and breaches in contract of the supplier, and therefore the Defendant contends that the Claimant is liable.
9. In March 2009 the defendant sought advice from the Consumer Credit Counseling Service and was advised to pay what he could reasonably afford and to send out a ‘offer of token payment’ letter along with an Income and Expenditure list to all his creditors.
10. All the Defendants creditors with the exception of Egg accepted the offer of £1.00 per month until his financial situation changes.
11. If the court were to award judgment to the Claimant this would undoubtedly result in the Claimant having an unfair advantage over the other creditors who have accepted the offer of £1.00 per month.
12. The Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award.
13. The Defendant raised the above issues of mis-sold PPI with the Claimant on 13/10/2009 & the account was in dispute. Therefore the Claimant should never have commenced this claim & the Defendant that the claim should be struck out forthwith.
Statement of Truth
I, xxxx, believe the above statement to be true and factual
Signed:
This was submitted 18th October. I then got my aq through on 3rd November and would now like some help on what to do and what I can ask for using a draft order for directions etc?
I recieved Bryan Carters aq through yesterday and had nothing in it that looked bad all the boxes where checked like I will be doing with mine.
If anymore info a pics of my CCA etc are needed let me know and I will get them up.
thanks
wilchy
. 
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