can't get egg to give me exact debt amount ggggrrrrr!

thepinkladez_2

hi all as posted yesturday i have had a ccj form from drydens on behalf of egg for a debt we have with them. need to get the forms filled in but egg wont play ball and give the exact debt sum without any ppi, they say drydens need to give it to me and drydens say egg! spoke to cccs an they say that the debt is still eggs so they hav to by law provide me with all the info i ask, but still egg are not playing! cccs are sending me some info in the post, regarding the law and a template letter (i think)to send to egg demanding the info (it seems to be the same thing as getting a copy of credit agreement??)
i desperatly want to get this sorted and wondering if anyone could provide me with the info so i can call egg again and hit them with all the act blurb so they give me the info today and i can then send ccj forms off as only have 12days left :eek: .

or if anyone has been in the same situation and an provde any advice.

thanx

immoral_angeluk

Have a look and see what it says on your credit report.

thepinkladez_2

would that tell me debt excluding any ppi? as egg are a pain in the !!! at stopping the ppi and i have a funny feeling they have added this in (might be wrong but want to check to be sure!)
also how to i get credit report? ( being a bit dumb!)

immoral_angeluk

hmm.. good point... you can get your credit report from Experian, Equifax and call credit. Experian (credit expert) are doing a free 30 day trial with their online credit report and you can go through quidco.

thepinkladez_2

thank you for advice. Might well get a credit report anyway just to see what it says!
egg are an absolute nightmare at the moment so far most of creditors have been great accept dmp etc and are playing ball but with this one debt ( we do have 3 more with egg!) they are being so difficult. ....
i will carry on banging head againt wall and try to stop myself bursting in to tears.

stapeley

hi , firstly if the creditor do not provide imformation that they are going to use in court , you can not put a defence . Therfore they will not gain a judgement . There is a letter you send requesting imformation ii,ll see where template is . If you defend the case the hearing will be moved to a local court , so this will help . You can ring the court for advice on procedure . If you have not allready asked for a CCA and a notice of assignment you can do that now .

thepinkladez_2

stapeley wrote: »

hi , firstly if the creditor do not provide imformation that they are going to use in court , you can not put a defence . Therfore they will not gain a judgement . There is a letter you send requesting imformation ii,ll see where template is . If you defend the case the hearing will be moved to a local court , so this will help . You can ring the court for advice on procedure . If you have not allready asked for a CCA and a notice of assignment you can do that now .

hi stapeley ,

thanks for your help. all they have done is use drydens and drydens have sent the ccj form with the debt on, doesn't say if/ isn't any ppi included.is that what you meant about them providing it?
not aked for cca or anything as dont really know much about that type of thing. cccs said that i can get them (plus any other creditor to send everything they have about my debt) i assume this is the cca things?

sorry i am a bit vague this is the first wall i have really hit so far so not sure my rights and the procedures etc all i know is i need to get forms filled in and either agree or not to the amount!

fermi

A CCA request is covered here: Getting a copy of your credit agreement and account details

However, we are running short of time here. If you are sure you wish to defend the claim then it might be best to fill in the "acknowledgement of service" form (or online) which gives you an extra 14 days I think. Check back with CCCS or NDL if you are unsure of that.

See: Factsheet | Replying to a county court claim form

Since the claim has started you can also request information under the Civil Procedure Rules, in conjunction with the CCA request.

An example of this might be:

Example only. Adapt to your circumstances with caution.

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

Dear Sir/Madam,

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. . The information must be furnished by the **DATE**, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.
b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations
c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with **CREDITOR**.
d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.
i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully,

stapeley

Many thanks again Fermi

thepinkladez_2

thanks fermi thats the type of thing im looking for!

can you tell me, if i send claim form back agreeing to the amount then find it is not correct (when egg eventually play ball!) can i get the amount changed? or do i fill it in that i don't agree from the start? just don't want to look pants in front of the courts if i do find out that i do infact owe that amount! hope that makes some sense and i dont sound completely stupid or mad!!

stapeley

I,m sure you do not have to admit anything at this stage . Without the imformation you have requested you can put that, at this stage you do not admit or denie . It is for the other party to prove their case , therefore without monthly statements you can not be expected to agree the amount claimed . I stongly advise you log on to the CAG WEBSITE go to legal issues and ask for advice . GOOD LUCK . PS without producing a CCA the creditor can prove nothing .