Advice Needed on Egg Agreement is it enforceable?

[cozza7293]

Hi - this loan was handed over to Moorgate from Egg and I am being pursued through Court for the balance. Could you advise on the enforceability - there doesn't seem to be a right to cancel.

Thanks for any help that you can give.

[Never-In-Doubt]

Re: Advice Needed on Egg Agreement is it enforceable?

Yes it's enforceable. It's from 2008 so s.127(3) doesn't apply.

Sorry.

[PlanB]

Re: Advice Needed on Egg Agreement is it enforceable?

I am being pursued through Court for the balance. Could you advise on the enforceability.

Hello and to AAD.

If you've had a county court claim issued can you tell us what date is on the claim form so we can help you negotiate your way out of this misery if possible before the Claimant seeks a Default Judgement against you. You may be able to settle using a Tomlin Order which means you won't get a CCJ on your CRA file.

Who currently owns this debt?

[PlanB]

Re: Advice Needed on Egg Agreement is it enforceable?

this loan was handed over to Moorgate from Egg and I am being pursued through Court for the balance.

May I just check whether this is a secured loan?

[Never-In-Doubt]

Re: Advice Needed on Egg Agreement is it enforceable?

Egg only gave unsecured loans.

[Never-In-Doubt]

Re: Advice Needed on Egg Agreement is it enforceable?

This will apply -> http://www.legislation.gov.uk/uksi/2.../contents/made

[PlanB]

Re: Advice Needed on Egg Agreement is it enforceable?

Egg only gave unsecured loans.

All the more reason to avoid a CCJ and a subsequent charging order.

[Never-In-Doubt]

Re: Advice Needed on Egg Agreement is it enforceable?

Almost impossible to defend. Agree a settlement monthly before a claim is issued.

[PlanB]

Re: Advice Needed on Egg Agreement is it enforceable?

Almost impossible to defend. Agree a settlement monthly before a claim is issued.

From what the OP has previously posted I get the feeling that the claim may have already been issued hence my immediate concern

I am being pursued through Court for the balance.

[Never-In-Doubt]

Re: Advice Needed on Egg Agreement is it enforceable?

Ok I'll explain. It was done after 2007 so forget s.127. You might be able to argue other points but it's risky. For instance the lack of cancellation terms IS de minimis as they DID appear online in a drag display box with r/h pull bar in the middle of three agreement boxes. The top box was the loan terms; the middle was cancellation & the bottom was the agreement (type your name & tick box to agree to our terms)....

its not worth fighting. Walk away. £1pm is better than a CCJ.

[Never-In-Doubt]

Re: Advice Needed on Egg Agreement is it enforceable?

From what the OP has previously posted I get the feeling that the claim has already been issued hence my immediate concern

ok file the AoS and admit the claim and make an offer. Or deal direct with claimant to sort the "dispute" (claim)....

[cozza7293]

Re: Advice Needed on Egg Agreement is it enforceable?

Already in Court - Moorgate Britannia apparently. "own" the debt . The claim was raised in August last year then got struck
Out as they didn't abide by Court orders. They then applied for it to be reinstated and the judge let them. They also do not have a copy of the default notice. It is unsecured. Hearing is in 2 weeks .

[PlanB]

Re: Advice Needed on Egg Agreement is it enforceable?

The claim was raised in August last year then got struck out as they didn't abide by Court orders. They then applied for it to be reinstated and the judge let them .

Why was it struck out? Be specific if you can. And why was it reinstated?

[PlanB]

Re: Advice Needed on Egg Agreement is it enforceable?

Moorgate Britannia apparently "own" the debt . The claim was raised in August last year then got struck
Out as they didn't abide by Court orders. They then applied for it to be reinstated and the judge let them .

When did Egg sell the account to Moorgate Britannia and did you receive a Notice of Assignment at the time?

[cozza7293]

Re: Advice Needed on Egg Agreement is it enforceable?

It was struck out because they didn't respond and pay the fee to the court in time. Northampton cc issued an unless order that they failed to abide by. They argued it should be reinstated because of the "overriding objective" and the Judge agreed.
I will have to check
The dates when it was sold to Egg and I don't believe I ever received an NOA no.