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Sigma spv 1 Ltd Claimform - old Joint HSBC OD debt


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Not quite sure what you mean about "mentioning the interest" ?

 

What you should be seeking is a statement of account which shows how the sum they are claiming has been accrued - the statement should identify any default/penalty/administration charges applied to the account.

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Thank you, I understand now. As I have never asked for a agreement prior to proceedings I'll delete that bit thanks. I'm not sure why when I've copied and paste I have some words joined together but the original is ok.

The point about the interest was asking them to provide something to show the amount they are claiming ( interest rates etc) but I guess in providing all of the above they are doing so. I maybe looking too far into it.

 

So if I print and send recorded delivery this should be ok?

Thanks again everyone.

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Hi Everyone,

I sent this off recorded delivery on Thurs 20th Sept just a little over a week after i recieved the original case letter from sigma.

I just wondered how long i should wait fr my reply? should i be doing anything in the meantime? do i need to tell the court anything? or is it just a case of waiting?

Thanks lisa :???:

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Lisa, you should wait 7 days for a response.

 

When do you need to submit your defence ?

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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thanks for your reply, Im not sure when i should submit my defence. Would i need to login online again would i be given the information about defence there? No one has given a date when i should submit a defence by. I know i sound really silly and it is is most probebly obvious - i must have missed it somewhere. Can anyone help.

Thanks everyone:oops:

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OK, give me a few minutes and I will look back over your thread to see what has been posted ..

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Uploading documents to CAG ** Instructions **

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Lisa can you tell me the date of issue on the claim form - you will find that at the top right hand corner of the claim forum - under the claim number :) Then we can work out your timeline.

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ok.. timeline.

 

Issue date - 11.09.2012 + 5 for service = 16.09.2012 + 14 to acknowledge - 30.09.2012 - in which case your defence will need to be submitted by 14 October.

 

You have sent the CPR31.14 to the solicitors for information.

 

Have you acknowledge the claim online?

 

Yes, when it comes to submitting your defence, you will need to log back in to MCOL If I recall, your password will take you straight to "your page" and you then just need to follow the instructions.

 

On what basis are you defending the claim ?

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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When i first came to this forum i exlained the case and early on in the thread was given a defence for when i needed it. i was hoping on using this.

Am i right in thinking that f they do not reply to the cpr31 that this can also form part of my defence.

i also sent this to sigma (is this a solicitors).

To be honest im not sure why im defending just that i shouldnt be paying it as im not 100% sure what is is, why i owe it and the fact that the details of the claim was an exact copy of someone elses that ive never even met before made it appear as a [problem]. im slightly confused :???: by the whole thing to be honest.

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When i first came to this forum i exlained the case and early on in the thread was given a defence for when i needed it. i was hoping on using this.

Am i right in thinking that f they do not reply to the cpr31 that this can also form part of my defence.

i also sent this to sigma (is this a solicitors).

 

To be honest im not sure why im defending just that i shouldnt be paying it as im not 100% sure what is is, why i owe it and the fact that the details of the claim was an exact copy of someone elses that ive never even met before made it appear as a [problem]. im slightly confused :???: by the whole thing to be honest.

 

 

Yes, if they dont respond to the CPR31.14 then you would mention in your defence that due to the fact you had no knowledge of the claim or what it was for, you sent CPR31.14 for more information. The Claimant has failed to respond.

 

So you have absolutely no idea what this is for ?

 

As for the claim being exactly the same - you will find that claimants using the MCOL system (banks/creditors, mainly) will send out batches of similarly worded (templated) claims. It is a cheap way of dealing with the many 1000's of claims that are issued.

 

Unfortunately, because of the limitations of MCOL, information is not fully provided and the defendant is then left chasing their tails for information.

 

In a lot of instances, where an account has been assigned/sold - the information has not been provided to the new owner. This does not excuse them in any way for not fully supporting their claim when issued. It is a kind of hit and miss method of issuing claims. A lot of people would automatically assume that the claimant must have it right and simply pay up!! Others will attempt to find out what is going on as you have.

 

IMHO, that is your defence.

 

You received the claim - you have no idea what it is in connection with as the claimant provided no information at the time of issuance and indeed has failed to provide anything by way of a CPR31.14 request for further information.

 

 

Had this company made any contact with you prior to the issuing of the claim ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Failing to adhere to Practice Direction in respect in pre-action protocol, is something else you can add to your defence :)

 

If it were me, I would wait until the end of this month.. 30 September, to see if they are going to respond. Then we can assess the situation again.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Good.Lisa I will remove the other posts to avoid confusion.

Have a happy and prosperous 2013 by avoiiding Payday loans. 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.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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14th October Lisa which is a Sunday so submit by the 12th.

 

Regards

 

Andy

We could do with some help from you.

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Thanks for your reply. Does anyone know what I should put in the defence and what it should contain. Are there any templates. I know there is some good information on past postings so I plan to have a read over those. It's all a bit daunting. Has anyone actually gone all the way and win sigma?

Thanks again for everyone's help.

Lisa

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Yes it would be a good idea to do some reading.

Have a happy and prosperous 2013 by avoiiding Payday loans. 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.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Have a happy and prosperous 2013 by avoiiding Payday loans. 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.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Do I log in online again and type up my defence and send it to th court? Would I be able to post on here first for checking by anyone willing to help. To make sure I'm getting it right.

Thanks lisa

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Yes Lisa feel free.

Have a happy and prosperous 2013 by avoiiding Payday loans. 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.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi everyone

I have made a start on my defence, i have done some reading over past posts and picked out some information. Is the below anything like a defence. Am i going in the right direction. Please could someone have a scan through and let me know if its proffessional enough.

Ive done it online so need to get it off in the next few days or so.

 

Any help very much appreciated. thanks everyone

Dear x x x x

Defence: x x x x x x

 

1. Paragraph 1 is neither admitted nor denied with regards to the Defendantentering in to an Agreement referred to in the Particulars of Claim ('theAgreement') the Claimant has yet to disclose any Agreement. Furthermore anyclaim for partial monies is averred Contrary to s35 of the County Court Act1984 s35 Division of causes of action.

 

2. Paragraph 2 is noted with regards to termination of the alleged contractualAgreement, the Defendant has no knowledge; therefore the Claimant is placed tostrict proof thereof.

 

3. Paragraph 1 is denied with regards to the Defendant owing any monies to theClaimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equityto issue a claim;

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant provethe allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is deniedthat the Claimant has the right to lay a claim due to contraventions of Section136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

6. By reason of the facts and matters set out above, it is denied that theClaimant is entitled to the relief claimed or any relief.

 

7. Due to the fact you had no knowledge ofthe claim or what it was for, a CPR31.14 request for more information was senton xxxxxx. The Claimant has failed to respond.

 

8. Failing to adhere to Practice Directionin respect in pre-action protocol.

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I cant recall, Lisa.. did you send a CCA request ..to the original creditor who has still yet to respond ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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