wilchy vs EGG/Bryan Carter Need help with AQ

[wilchy]

Re: wilchy vs EGG/Bryan Carter Need help with AQ

Hasnt it gone too far in the court system to be doing anything you have said? Thats why I think if I request documents in my aq this may force BC to withdraw from court action. I just dont know what to put in my draft order for directions. Here is what I think it should look like,

In the ************* county courtautolinker.com autolinking image
Claim number **********






Between

************* - Claimant



and





xxxxxxxxxx - Defendant







Draft Order for Directions


The Claimant shall within 14 days of service of this order file and serve the following:


· Copies of Payment Protection Insurance agreement and any documents referred to within it, which the claimant seeks to rely upon
· Copies of proof the Payment Protection Insurance was an ‘opt in’ option
· Copies of telephone callautolinker.com autolinking image conversation documents the claimant made in regards to the cancellation of Payment Protection Insurance


If the Claimant fails to comply with this order, the claim will be struck out without further order.

The Defendant shall within 14 days thereafter file and serve the following


· An amended defence sufficiently particularised in response to the documents supplied by the claimant
------------------------------- merged -------------------------------
Actually now you mention it Angry Cat I suppose I could ask for documents the FOS has been sending them etc?

[Angry Cat]

Re: wilchy vs EGG/Bryan Carter Need help with AQ

Sorry, I didn't realise that you have already submitted your defence!

[Amethyst]

Re: wilchy vs EGG/Bryan Carter Need help with AQ

Personally I would just complete the AQ as standard without an order for directions. I don't think it is entirely necessary at this stage. I can't see anywhere how much the claim is for, but I havent read the CAG thread.


Just noticed this in your defence

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).

When I first read it I thought you meant YOU were claiming the interest on the PPI. But then why would you say it was prohibited to claim interest. So can only assume that it is meant to read the Claimant is claiming interest and such is prohibited.

I think you have gone in far too complexly and not really sure why spelling out the FSA principles is required in a defence. Silly as this might sound it sounds far too complex and defensive for a defence to a moneyclaim.

I'd have gone much more simply with 1) Admit amount owed less PPI, less charges, less stat interest 2) Offer to pay 3) Defence on unlawful charges amount 4) Defence on PPI amount 5) Defence on the commencement of court proceedings whilst account (or portion of account) is in dispute and with Financail Ombudsman and a reduction of costs accordingly.

Anyway, that aside, have you done a Part 18 request for the information on the PPI, or have Egg replied to your defence at all ? Do you already have the PPI info / does FOS ? (ie do you really need it, or is it making things complex unecessarily because you think you should enter draft directons?)


(it is quite difficult coming in on a case at this late stage without having the whole history - will read more of the CAG thread now see how you got to where you are and if it needs an amendment tot the defence or if it can be sorted after allocation with witness statements and/or skeleton arguments/disclosure (depending on what amount this claim is for) I assume your copy agreement etc is all on there?)

[The Debt Star]

Re: wilchy vs EGG/Bryan Carter Need help with AQ

wilchy, that's good advice u r getting from Amethyst there.
Will be interested to see if she thinks an amendment to the defence needs submitting now.
An interesting thread and very useful to others in a similar boat, wilchy. Thanks for bringing it across from CAG.

[postggj]

Re: wilchy vs EGG/Bryan Carter Need help with AQ

in your original defence, did you request that you would ask permission to ammend your defence once all documents were supplied

on the fos issue

a judge told me to my face that he would expect all disputes to have gone through the creditors own disputes sections, thats a max of 60 days then given the option of passing it up to the fos.

the judge also stated that any claim that comes accross his desk while in the hands of the fos will be struck out

he made a great deal of noise on pre-action protocol

and yes i did win with with my defence

[The Debt Star]

Re: wilchy vs EGG/Bryan Carter Need help with AQ

keith, great post. thank you. I suspected as much, otherwise it makes the FOS pointless.

[postggj]

Re: wilchy vs EGG/Bryan Carter Need help with AQ

exactly

some judges do live in the real world

[Amethyst]

Re: wilchy vs EGG/Bryan Carter Need help with AQ

mindful of cost and in a perfect world I would go with an amended defence with an emphasis on the FOS and PPI part of the debt - FOS claim went in on 20/11/2009 for £598 premiums paid,(as a cc I assume it was a variable amount based on outstanding balance added to account each month) so £598 at least of the claim bought was formally in dispute. If the claims £20k obviously it makes less of a difference to if the claim is £500, if you see what I mean. But I think enough is in that defence as it went in after papers were produced ref agreement etc it'd def be a payable application for permission to amend and prob another hearing and it can be sorted out with later WS.

[postggj]

Re: wilchy vs EGG/Bryan Carter Need help with AQ

you may ned to do an n244 applicationto ammend your defence and if you did not request the option to ammend in your original defence, a formal request might be an option in your aq.

the judge may grant your application and save you £75 in the process

[Angry Cat]

Re: wilchy vs EGG/Bryan Carter Need help with AQ

Surely, enclosing a Draft Order for Directions with the AQ could save expense later.

Agree, the defence sunmitted needs to be amended, though.

[wilchy]

Re: wilchy vs EGG/Bryan Carter Need help with AQ

Thanks for all the help guys n gals. I will post up my responses a bit later on, i have been a little busy today etc,nI'm glad I came to this site. Thanks again

wilchy

[wilchy]

Re: wilchy vs EGG/Bryan Carter Need help with AQ

Right OK sorry its been a bit late everyone, So im guessing I need to amend my defence now? Is this easy to do? and does it cost as I have no money what so ever but could try and get some off the rellies. How much is it?

EGG are claiming just over £3000 for those that need to know.

Also does anyone have any good knowledge on how to do these aq's etc.

I have tried all sorts on CAG inc PM's to people etc and have got no help what so ever in regards to the aq. So thankyou to everyone involved in this for me.

Sorry if ive missed anything that anybody wanted to know.

wilchy

[Amethyst]

Re: wilchy vs EGG/Bryan Carter Need help with AQ

AQ should be pretty straight forwards especially for small claims, you dont need to ask for directions as there isnt really anything you need, you know the ppi info and its being dealt with by the FOS. So it should just be dates not available and so on. Any questions you are stuck on on the form just shout.

To amend the defence will cost, but if your circs are bad then you can be eligible for fee remission, have a look at the form ex150 on the hmcs.gov.uk site.

Will have a better look tmw afternoon, but I think the general consensus is amendment, but if the essence is right then you can put the arguments much better through your witness statement and amendment may not be necessary.

So basically you are admitting the 2.5k ish, defending the £500 you have paid on PPI, and offering to pay at the same rate you were paying under DMP (possibly revised tho depending how up to date your CCCS IE is). As it is such a low payment (£1) if you can offer more without jepordising the DMP do, offer to review 6 monthly as your circs improve, otherwise you maybe looking at a charging order as security (not knowing your full circumstances tho difficult to say exactly).

[wilchy]

Re: wilchy vs EGG/Bryan Carter Need help with AQ

AQ should be pretty straight forwards especially for small claims, you dont need to ask for directions as there isnt really anything you need, you know the ppi info and its being dealt with by the FOS. So it should just be dates not available and so on. Any questions you are stuck on on the form just shout.

To amend the defence will cost, but if your circs are bad then you can be eligible for fee remission, have a look at the form ex150 on the hmcs.gov.uk site.

Will have a better look tmw afternoon, but I think the general consensus is amendment, but if the essence is right then you can put the arguments much better through your witness statement and amendment may not be necessary.

So basically you are admitting the 2.5k ish, defending the £500 you have paid on PPI, and offering to pay at the same rate you were paying under DMP (possibly revised tho depending how up to date your CCCS IE is). As it is such a low payment (£1) if you can offer more without jepordising the DMP do, offer to review 6 monthly as your circs improve, otherwise you maybe looking at a charging order as security (not knowing your full circumstances tho difficult to say exactly).

Whoa! my heads in a right spin now.

My circs at the moment are that I have an average income from my job but just couldnt reapay my creditors the minimum payment they wanted. My debts spiralled out of control as I was paying minimum payments then using the CC's to purchase shopping and paying bills etc. So in reallity im not classed as low income.

Like I said in my first post I did offer BC/EGG a consent order minus the PPI charges of more money PCM as my rellies were happy give me the money to stop this from going to court etc but as the offer was rejected and a new offer was made which I could never afford PCM I never replied to it.

So what are my next steps to do by Wednesday?

Can I do anything in my aq that Angry Cat and keithposty have said?

Thanks

wilchy

[wilchy]

Re: wilchy vs EGG/Bryan Carter Need help with AQ

Just thinking actually if I could do a draft order for directions based on a priciple of me being able to ammend my defence thus saving costs. Just a thought.