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  • #1

    Shoosmiths (Egg) v Egghead (Default Judgment)

    Hi guys,

    I've seeked advice elsewhere for advice without much luck before finding this site. So im really hoping i can get some advice.

    I've received a claim from the above in respect of an old egg loan (now a default judgement). I was away for around 6 weeks during which time, i received 2 letters from shoosmiths, and a court claim form.

    Unfortunately, by the time i was in a position to acknowledge the claim it was too late and a default judgement issued.

    All i know about the loan is that i originally held an egg credit card and an egg loan (taken out circa 2004), this was later consolidated into a loan (2006/07 i believe).

    due to problems, i chose the bury my head route, and believe last payments were in 2010 (may be earlier, cant be sure at all).

    I am not aware of any correspondence from Arrow prior to the shoosmiths letters (but that may be due to binning them pre opened).

    I have just informed the court that I wish to have the judgement set aside, and have requested the CCA from Arrows.

    However, from what ive been reading, I dont have much chance of this being UE.

    based on this limited info so far, can anyone advise what is my wisest move? I really dont need stress and unnecessary stress at that.

    Many thanks
    Last edited by Never-In-Doubt; 14 September 2014, 11:52. Reason: edited title
    Tags: accounts, act, advice, andrew, arrow, arrow global, benefits, card, cca, ccj, charges, claim, con, court, credit, credit card, debt, default, default notice, defence, delay, egg, egg loan, employment, fine, legal, letters, loan, n244, payments, people, personal, ppi, problems, set aside, solicitor, thank you, unemployed, weekend
  • #2
    Re: Arrow Global/Shoosmiths Court claim

    I have read your post and will seek advice "I'll be back" NW
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: Arrow Global/Shoosmiths Court claim

      thank you

      Comment

      • #4
        Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

        Thread moved to General Legal section for now and I'll ask ATW our volunteer solicitor to look in

        Comment

        • #5
          Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

          Arrow Global bought a load of these Egg accounts, and while they can often come up with the signed agreement, they frequently fall on providing the original T&C's.
          Did they give you a new agreement to sign when they consolidated the accounts?

          Comment

          • #6
            Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

            Hi Elsa,

            thanks for replying.

            Such a long time ago, that i cant be sure, but i believe that a new agreement was taken. I can't however remember what method i used to agree the new loan (if i did)
            Last edited by Egghead; 6 September 2014, 15:27.

            Comment

            • #7
              Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

              good luck with this NW x
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment

              • #8
                Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

                Sorry for the delay in responses Egghead, a lot of people are away this weekend. I'll flag this up again tomorrow if no response by then

                Elsa x

                Comment

                • #9
                  Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

                  That's fine Elsa. I'm just very grateful to be getting any advice on this matter. Thank you

                  Thanks NW...not sure I'm up for a fight though

                  Comment

                  • #10
                    Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

                    I've asked Andrew to pop in. I'm sure he'll be able to offer some pointers.
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                    • #11
                      Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

                      You will need to show some grounds for a defence to have this set aside as it appears to have been properly served. It is going to be an uphill struggle and depending on what we uncover it may be best to agreement a payment schedule for the judgment. Did you make a s77 request? Do you have a copy of the default notice? Presumably from your earlier comment you don't have a copy of the agreement. When was judgment entered?

                      Comment

                      • #12
                        Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

                        Hi ATW, the default judgement was entered on 4th September. I sent off for the CCA on 5th September.

                        Unfortunately I don't have the default notice, or any paperwork relating to the account.

                        Thanks

                        Comment

                        • #13
                          Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

                          I think if there is anyway to get the CCJ removed, I would be happy. I'm not working right now, and am worried about how this will affect my chances of employment.

                          Comment

                          • #14
                            Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

                            I wonder if there's any mileage in the fact that the credit card and loan were merged, possibly without signing a new agreement, and whether there were charges or PPI on both accounts. Only way to find out would be to send a Subject Access Request to Egg, although that can take up to 40 days, maybe longer as Egg's paperwork is in disarray.

                            ATW, would Eggheads provable absence during service, together with lack of paperwork due to previous circumstances be enough to effect a set aside pending CCA response and a SAR to have the info required to compile a defence?

                            Or any chance they might agree to set aside in exchange for a Tomlin Order on the basis that Egghead is unemployed and a CCJ would prejudice his chances of employment?

                            Egghead - what was the content of the letters from Shoosmiths?

                            Comment

                            • #15
                              Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

                              Hi Elsa,

                              The first letter (24th July) informs that I've failed to pay, that they wish to enter an agreement to pay off the debt and avoid court action. States that if no agreement in 14 days they will issue court proceedings.

                              Second letter (15th August): we right to confirm that we have received Notive of Issue from county court confirming that our client will be at liberty to request judgement against you on xxx.

                              We would remind you that once this step is taken you will have a county court judgement registered against your name. This will have an adverse effect upon your credit rating.

                              As previously stated, our client will not refrain from entering judgement on the basis of instalment payments and require a lump sum payment in settlement of the debt. We would invite you to consider your personal circumstances and should you be in a position to offer such a lump sum to our client, contact ....

                              Comment

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