Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defend?

[zhanzhibar]

Hi all,

I am hoping those who are expert on this issue to give me some guidance on how to defend this claim. I received Claim form from Britannica dated 29th October 2013. Below is the claim form:



I then as per guidance from here sent to SHoesmith a CPR 31.14 request:






I then had to do AOS stating that i am defending all claim and then had to submit defense stating that I have no documentation to prepare my defense.

Today, I received this letter from Shoesmith:


Now I am not myself sure what he is trying to say in that para 1. Surely they are in breach of CPR by not attaching a copy of the loan agreement?
Also could anyone explain to me what Practice direction 7c para 1.4(3A) means as I have not got a clue.

Together with the letter above is a copy of the agreement and annual statement for 2010:




According to the letter I have till 20th January to withdraw my defense but I would appreciate opinions from you guys here. I am not sure what to do and I still have questions:
1) they have not supplied me with the rest of the documents I requested in CPR31.14. Surely that is not right but what can I do further? If I continue, how shall I do it?
2) the agreement clearly stated a PPI? Does that make an agreement unenforceable?

Got lots of questions still but most importantly I really need help as to what to do next?

Thanks

Zhan

[mystery1]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Give this a bump on Friday if you're getting nowhere as i'm off and can have a better look.

One thing, did you send a s77 request ?

M1

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

One thing, did you send a s77 request ?

HI M1

What's a s77 request? Don't think I send a s 77 request as I don't know what it is. Should it be send before or together or after CPR 31.14?

[mystery1]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

£1 for a copy of the agreement. No complete easily legible copy = unenforceable.

http://www.legislation.gov.uk/ukpga/1974/39/section/77

M1

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

HI M1

They have given me the copy of the agreement which I have posted in #1 above. They have not however send me the rest of my request under CPR 31.14 which are:
1) Deed of assignment
2)Notice of assignment
3)Default notice
4) breakdown details of the claimed amount.

Aren't they wrong in not sending me what I requested? As you know I am being chased by a few creditors but I have not been in a situation before where the claimant part complied to CPR 31.14.

[mystery1]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Yes but you entered a defence. Should have applied for an unless order. I always refer people to your other thread for guidance !!!

Like i say i'll take a better look when i'm off work.

M1

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Hi

Am wondering if anybody could give me some advice on what I should do next please? The without prejudice is asking me to accept all of the debts which include PPI. I really am not sure what to do. Any advice is very much appreciated.

Zhan

[mystery1]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Now I am not myself sure what he is trying to say in that para 1. Surely they are in breach of CPR by not attaching a copy of the loan agreement?
Also could anyone explain to me what Practice direction 7c para 1.4(3A) means as I have not got a clue.

It means that when using the online service to lodge a claim they do not need to attach any documents.

1) they have not supplied me with the rest of the documents I requested in CPR31.14. Surely that is not right but what can I do further? If I continue, how shall I do it?

No it's not right. You shouldn't have entered a defence without understanding the claim.

You can still apply for an unless order to compel disclosure as they are still in breach of your valid request but when you have the agreement now i'm not convinced that for a default notice and assignment it's a great idea as it may be seen as a fishing trip and you'll be subject to costs if you lose. You shouldn't lose but you might. The risk isn't worth the reward in my opinion as you'd only be doing it to try and win tactically.

2) the agreement clearly stated a PPI? Does that make an agreement unenforceable?

You should read Yates v Nemo. http://www.legalbeagles.info/forums/...nance-May-2010
Yates v Nemo - HH Judge PlattsManchester (1).pdf

I would temper your excitement with Plevin .

Was the PPI sold properly and have you attempted to reclaim ?

Do you have your own copy of the default notice ?

M1

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Hi M1
Thanks for responding.

You should read Yates v Nemo. http://www.legalbeagles.info/forums/...nance-May-2010

This will be my bed time reading tonight. Thanks

Was the PPI sold properly and have you attempted to reclaim ?

I received this April last year from Canada Square Operations. I have not replied to it as I do not know how much to claim. So answer to your question is no I have not attempted to claim anything.

Do you have your own copy of the default notice ?

I managed to find the default notice.




Zhan

[mystery1]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Do you have the envelope and the oft fact sheet ?

You also left your name on the letter.

M1

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Do you have the envelope and the oft fact sheet ?

No i don't have them

[FlamingParrot]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

I've just seen this thread and have a couple of comments:

• I noted on the DN that this loan was defaulted in 2007, were any payments made after that? Otherwise it would already by Statute Barred.
• What you posted above, is that all they sent in response to your CCA request?

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

Hi all,

Would be grateful if somebody could answer some of the questions I have regarding this claim;

In the absence of information, I have submitted AoS stating I am defending all claim and then following non-response from CPR 31.14 request I submitted a defense stating I can't make a proper defense without the documents as requested.

They have now send me a copy of the agreement but not the rest and they asked me to withdraw my defense.

1) I am not sure why I need to withdraw my defense when my defense merely state that I can't prepare a proper defense untill they produce documents as stated in POC. I would say that surely what i need to do is a supplement to my defense now that I have received a copy of the agreement. But then again I guess as this has not gone to the judge yet so they can ask me to do this. Is that right?

2) They also asked me to accept the whole debt. This is where I got a problem with them. If they have asked me to consent on judgement being entered on the loan less PPI then I would probably accept but they didn't. They want me to accept the whole lot... I'm sure they can see there is a PPI element in that loan agreement. I really find it hard to accept that I have to pay all inc PPI. So what do I do?

3) How do I go about admitting only part of claim when in my AoS i said I am defending all?

[zhanzhibar]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

• I noted on the DN that this loan was defaulted in 2007, were any payments made after that? Otherwise it would already by Statute Barred.

Yes I have made payments as agreeed with them but last year when OH left us, I don't have enough money to pay and stop.

What you posted above, is that all they sent in response to your CCA request?

Yes and a 1 year annual statement. That's it.

[mystery1]

Re: Britannica-Shoesmth (re Egg loan)taking me to court but loan got PPI.How to defen

1) I am not sure why I need to withdraw my defense when my defense merely state that I can't prepare a proper defense untill they produce documents as stated in POC. I would say that surely what i need to do is a supplement to my defense now that I have received a copy of the agreement. But then again I guess as this has not gone to the judge yet so they can ask me to do this. Is that right?

They can ask you to dance on a table and strip if they wanted to.

The problem you have is your "defence" is not a defence. It doesn't say that you don't owe the money because of ....... but instead it says these suckers didn't follow the court rules and that's not a defence. It is a reason to apply for compliance but not a defence to the claim.

You can amend your defence but that'll cost you in costs.


2) They also asked me to accept the whole debt. This is where I got a problem with them. If they have asked me to consent on judgement being entered on the loan less PPI then I would probably accept but they didn't. They want me to accept the whole lot... I'm sure they can see there is a PPI element in that loan agreement. I really find it hard to accept that I have to pay all inc PPI. So what do I do?

Ask them. Don't forget the interest should be calculated on the ppi not just the premium you want deducted. A tomlin order might be best for you.

3) How do I go about admitting only part of claim when in my AoS i said I am defending all?

Not sure if you can change it. I'd assume so. If you wish to settle speak to them on a without prejudice basis. A Tomlin order is what i'd try for if you are going to settle.

http://www.drukker.co.uk/publication.../#.UtBvoZBdXV4

M1