Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder pabrmu Novitiate

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    Default Sigma red/spv

    Hi all, not been on for some time now, but would like some advise from you wonderful people!
    Had a debt with First Direct/HSBCicon for £1700. £400 of this was for unfair charges which I had been in discussion with First Direct for over 3 years. Had gone very quiet for 2 years when in January of this year I received Notice of Assignment from Sigma Red/SPV. I notified them of my dispute with First Direct and they answered this with this claim formicon:
    http://i343.photobucket.com/albums/o...u/SigmaPOC.png
    I contacted them to ask why only claiming £299.99 plus costs and they said it was to keep costs down.
    I then spoke to a learned associate of mine and he said that if this was him, he would pay the claim as he considered that they had shot themselves in the foot as they should be claiming the whole amount. He quoted case law Henderson vs Henderson of 1843 and this was still current law. This law states that it would be an abuse of process to make the same claim again after already starting litigation.
    I have no doubt that Sigma will claim that on their POCicon, it stated " part only of monies due", but the law states that all should be claimed.
    When I settled their recent claim by cheque, I enclosed a letter stating "Full and finalicon settlement of their claim" and have not heard from them yet, except for them to state that they would now be demanding the balance of £1400.
    Any views would be much appreciated.


  2. #2
    Basic Account Holder pabrmu Novitiate

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    Default Re: Sigma red/spv

    Any help on this would be appreciated!


  3. #3
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    Default Re: Sigma red/spv

    Interesting....The company has only been registered with companies house since March of this year

    Name & Registered Office:
    SIGMA SPV 1 LIMITED
    5 BECKSIDE
    EAGLESFIELD
    COCKERMOUTH
    ENGLAND
    CA130SQ
    Company No. 07977205


    PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

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  4. #4
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    Default Re: Sigma red/spv

    If they are only claiming part of it then you should look up Bryan Carter claims as he was doing this for a while....

    PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

    DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk...65-legislation

    IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

    I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

    IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
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  5. #5
    Basic Account Holder pabrmu Novitiate

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    Default Re: Sigma red/spv

    Hi 42 man.
    Thanks for your reply.
    Have had a quick look at Bryan Carter, but can't seem to find anything specific to partial claims.
    Can you possibly help further?
    Thanks.


  6. #6
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    Default Re: Sigma red/spv

    Hi Pabrmu

    I think you have answered your own question, this is indeed correct:-

    " I then spoke to a learned associate of mine and he said that if this was him, he would pay the claim as he considered that they had shot themselves in the foot as they should be claiming the whole amount. He quoted case law Henderson vs Henderson of 1843 and this was still current law. This law states that it would be an abuse of process to make the same claim again after already starting litigation.
    I have no doubt that Sigma will claim that on their POCicon, it stated " part only of monies due", but the law states that all should be claimed."


    Regards

    Andy

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  7. #7
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    PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

    DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk...65-legislation

    IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

    I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

    IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
    Before you decide,consider the users here who have already offered help and support.
    Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
    If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.


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  8. #8
    Basic Account Holder rayin Novitiate

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    Default Re: Sigma red/spv

    I have had exactly the same; even the claim formicon is the same. Please let me know what the outcome is and whether they are still going to persue you for the capital amount. They are upto something.


  9. #9
    Basic Account Holder calamoli Novitiate

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    Unhappy Re: Sigma red/spv

    Hello to pabrmu, rayin & anyone else kind enough to offer their advice & expertise to our plight.
    I wanted to introduce myself & hopefully connect with you, as this thread closely mirrors my own & I am desperate for some help. Have you made any progress since posting this thread?

    Unfortunately, serious health issues have kept me away for quite some time & make it hard for me to keep going at times. So receiving my own near identical copy of the Sigma letter you have posted here, really devastated me this morning. After comparing, they are the same, right down to the date 21/12/2011, in the 'Particulars of Claim' box, name of solicitor, stating it as a demand for 'part payment' & identical amounts for claim, costs & fee's. I agree that something just feels a bit 'off' with it, especially given that this is the 1st i've heard of Sigma.

    The account connected to this, was an HSBCicon credit card that my Hubby was given approx 25 years ago, by what was then Midland Bank. It has been in dispute since 2008, using your great letter templates, after a SARicon gave us only a small amount of more recent statements & a CCA Requesticon yielded 2 photocopies of an ancient, damaged Midland Bank pamphlet & a modern HSBC CCA, with nothing pertaining to my Hubby whatsoever on any of the paperwork. What we were sent was way outside the time frame for compliance too.

    Despite HSBC being well aware of our dispute, the matter yo yo'ed back & forth between them & various DCAicon's for a long time, before a lull & now this bombshell. I'm finding it very difficult to cope with this, as it's a new one on me & i'm alone with my kids, as my Hubby is contracted to work abroad. How can they be permitted to do this? Do our rights count for nothing? They've done everything wrong, ripped us off in the 1st place (won't go there) & now i'm having panic attacks (big ones) in my own home. I really have had enough & only keep going for my children. Wow, sorry to sound morbid.

    Please, is there anyone that can advise me on what to do with this? Just knowing someone has listened & pointed me in the right direction would help me stay strong i'm sure.

    Thank you for your time & best wishes to all.

    CM.


  10. #10
    Basic Account Holder knet2020 Novitiate

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    Default Re: Sigma red/spv

    Quote Originally Posted by 42man View Post
    interesting....the company has only been registered with companies house since march of this year

    name & registered office:
    sigma spv 1 limited
    5 beckside
    eaglesfield
    cockermouth
    england
    ca130sq
    company no. 07977205
    sigma spv 1 limited
    oglier house
    the esplanade
    st helier
    jersey
    je4 9wg


  11. #11
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    Default Re: Sigma red/spv

    The Cockermouth address is NOT this company – the company is registered in Jersey. It’s basically the directors of HL Legal, now buying on their own account.

    Completely different companies. Be careful!

    Ms Rhona Anne Lavender needs reporting to the Law Society and SRA for deliberately splitting claims and attempting to mislead debtors.

    “The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

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  12. #12
    Basic Account Holder birdi Novitiate

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    Default Re: Sigma red/spv

    hi peeps,

    As any1 responded to the claims against us from this company, I have received exactly the same letter as every1 including same wording as part monies and also the date as 21/12/2012. address jersey signed Rhona Lavender.

    I have limited time to respond and woundering what i should do? any1 got any further or anything with this.?

    thanks


  13. #13
    Basic Account Holder knet2020 Novitiate

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    Default Re: Sigma red/spv

    Hello,
    Yes I have, I am currently awaiting the Allocation stage (although I have not heard anything) I submitted a defence and have not heard anything since. The claimant has 28 days after this. This has now passed but have not yet heard anything.

    It's worth noting what Andy said here: http://www.consumeractiongroup.co.uk...=1#post3815394

    thank you to all knowledgeable people on this site who give their time freely to help
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  14. #14
    Basic Account Holder SkemDosser Informative SkemDosser Informative SkemDosser Informative

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    Default Re: Sigma red/spv

    Birdi there are loads of threads in Legal issues now offering sound advice- look through them and you'll soon orientate yourself. 42Man has also put up some other useful links...trawl through them.

    To my mind the startegy is simple. Acknowledge the service of the claim online as quickly as possible. Then immediately submit CPR 31.14 and CPR 18 directly to the 'solicitors' [HL Legal]. Personally although the account is in disputeicon with original creditor, I'm putting in a parallel CCA Requesticon as well, so that when they [almost certainly] default on that, I also have the option of slapping a CPUTR request onto them, but that one is entirely down to personal choice. Remember it is THEM that have to prove not just that you owe them money, but that they have a legal right to pursue you for it.

    With regard to giving into the temptation to pay this lot off in the hope it'll all just go away....I've made my feelings plain on this on other threads about this but to my mind it bears repeating. Do not pay a penny in claims like this for three reasons:

    1] despite the 'second claim illegalities' arguments, I will bet you my bottom dollar that they will come after the rest. The first claim is legally dodgy in its own right, so they certainly aren't going to shy away from a follow up claim for 'legal' reasons, are they now. also when they come after you for the rest, you're immediately on the back foot because you've already paid them some interesticon on the account and so have therefore effectively acknowledged the debt, so how can you now argue you're not liable for it? Good luck with that in front of a DJ minded to cut claimants in these situations as much slack as possible.

    2] If some bloke came up to you in the street one Saturday afternoon and said to you 'Hey mate for a few quid I've just bought a few account numbers from the bank and your name is on one. Pay me £300 quid now and another £50 for my trouble, or else,' you'd tell him in no uncertain terms where to go, wouldn't you. Well in principle, this situation is no different than that.

    3] By paying them,you are only confirming to them the validity of this dodgy business model. If this method can show a profit, this DCAicon will continue using it, as will many more. It needs to be kicked in the teeth now and shown to be un-profitable, so DON'T pay them a penny.

    Face them down with proper procedure and let them know you know your stuff and are prepared to defend [which is their greatest nightmare- they won't want to go anywhere near a judge with a claim like this], and they will scuttle away.

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  15. #15
    Basic Account Holder SkemDosser Informative SkemDosser Informative SkemDosser Informative

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    Default Re: Sigma red/spv

    Quote Originally Posted by DonkeyB View Post
    The Cockermouth address is NOT this company – the company is registered in Jersey. It’s basically the directors of HL Legal, now buying on their own account.

    Completely different companies. Be careful!

    Ms Rhona Anne Lavender needs reporting to the Law Society and SRA for deliberately splitting claims and attempting to mislead debtors.
    Reporting dear Ms Lavender is indeed very high on my list of To Dos


  16. #16
    Basic Account Holder nana buzzz Novitiate

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    Default

    Quote Originally Posted by SkemDosser View Post
    Birdi there are loads of threads in Legal issues now offering sound advice- look through them and you'll soon orientate yourself. 42Man has also put up some other useful links...trawl through them.

    To my mind the startegy is simple. Acknowledge the service of the claim online as quickly as possible. Then immediately submit CPR 31.14 and CPR 18 directly to the 'solicitors' [HL Legal]. Personally although the account is in disputeicon with original creditor, I'm putting in a parallel CCA Requesticon as well, so that when they [almost certainly] default on that, I also have the option of slapping a CPUTR request onto them, but that one is entirely down to personal choice. Remember it is THEM that have to prove not just that you owe them money, but that they have a legal right to pursue you for it.

    With regard to giving into the temptation to pay this lot off in the hope it'll all just go away....I've made my feelings plain on this on other threads about this but to my mind it bears repeating. Do not pay a penny in claims like this for three reasons:

    1] despite the 'second claim illegalities' arguments, I will bet you my bottom dollar that they will come after the rest. The first claim is legally dodgy in its own right, so they certainly aren't going to shy away from a follow up claim for 'legal' reasons, are they now. also when they come after you for the rest, you're immediately on the back foot because you've already paid them some interesticon on the account and so have therefore effectively acknowledged the debt, so how can you now argue you're not liable for it? Good luck with that in front of a DJ minded to cut claimants in these situations as much slack as possible.

    2] If some bloke came up to you in the street one Saturday afternoon and said to you 'Hey mate for a few quid I've just bought a few account numbers from the bank and your name is on one. Pay me £300 quid now and another £50 for my trouble, or else,' you'd tell him in no uncertain terms where to go, wouldn't you. Well in principle, this situation is no different than that.

    3] By paying them,you are only confirming to them the validity of this dodgy business model. If this method can show a profit, this DCAicon will continue using it, as will many more. It needs to be kicked in the teeth now and shown to be un-profitable, so DON'T pay them a penny.

    Face them down with proper procedure and let them know you know your stuff and are prepared to defend [which is their greatest nightmare- they won't want to go anywhere near a judge with a claim like this], and they will scuttle away.
    I am completely at one with you on this skemdosser....oh yeah and Ms Lavender is at the top of my to do list too


  17. #17
    Basic Account Holder SkemDosser Informative SkemDosser Informative SkemDosser Informative

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    Default Re: Sigma red/spv

    Solidarity Nana, and we will prevail with a nice sharp crack of the whip

    And then blow me down roll me over and tickle me with a [dog-eared] copy of the CCA 1974, the address to send your complaint to the SRA appears to be in....Redditch of all places. Talk about serendipity!!!
    How to report a solicitor or firm to the SRA

    When reporting, please
    • set out your concerns clearly,
    • identify individuals you consider responsible,
    • attach any evidence you have in support.
    To send your information to us:More info here:
    http://www.sra.org.uk/consumers/problems.page


  18. #18
    Basic Account Holder lucky lord lucan Novitiate

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    Default Re: Sigma red/spv

    Hi all, Sigma red and Sigma SPV 1 Ltd are all the same company.
    Sigma SPV1 Ltd is a Jersey "Front" for Sigma Red. (Offshore Company)
    Sigma Red & Sigma SPV 1 Ltd was financed by "CYRUS CAPITAL" as from 6th September 2011 with up to 20 Million to spend on Delinquent debt portfolio purchase. It is a 5 year contract.
    Tim Freeman (Sigma Red) set up the deal. If you google "CYRUS CAPITAL" you can read all about it in a credit today review.
    The Sigma group consists of Sigma Red/Sigma white/Sigma SPV1Ltd/HL legal & collections and of course HL solicitors.
    Its all "Smoke & Mirrors" in order to confuse people. The bottom line is its all HL legal & collections. (Redditch)
    Same faces just different names.
    Hope that helps.

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  19. #19
    Basic Account Holder pabrmu Novitiate

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    Default Re: Sigma red/spv

    Hi Lucky and Skemdosser.
    Thank you for your advice.
    Unfortunately, I had already paid the first part of the claim, so too late to take skemdossers advice.
    I am not counting my chickens, but they seem to have gone very quiet over the past 6 weeks or so.
    Message to Lucky Lord Lucan. Would you be able to assist if these chancers come again with another claim?
    Thanks again to all.


  20. #20
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    Default Re: Sigma red/spv

    All your queries were answered very early in your thread. Their claim is over. Job done. Just get those complaints in!



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