Jump to content


  • Tweets

  • Posts

    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Sigma spv 1 Ltd Claimform - old Joint HSBC OD debt


pinkpink123
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4080 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

please could any one help me at all.

 

 

I receievd a letter exactly the same wording as tttf's.

 

 

I had a joint account that was was in a overdraft for 1000 pound with an ex years ago (hsbc).

 

 

I recieved a letter today which i can only presume is to do with that as when we split the account was just left.

 

 

I dont know if my ex has had the same letter but funnily enough my letter is for 299.99 court fee 15.00 total 364.99.

 

Its from Sigma Spv 1 limited. Funnily enough the the wording is exact, spelt without the T on credit and the date of 21/12/2011 for when it was assigned to the claiment (strange) ???

 

As i say i recieved this today and im at a loss as to what to do.

 

 

Did you defend your self following the below instructions and what was the outcome.

 

Your help would be gtreatly appreciated.

Thanks

Link to post
Share on other sites

  • Replies 69
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

type sigma in search bar, top right hand corner.

 

Or try this link (hopefully)

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?357903-Another-Sigma-Claim-Form&highlight=sigma

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?350237-Sigma-red-spv-Court-Claim

Edited by havinastella
Link to post
Share on other sites

thank you for the links, i have read through. Im not great with this kind of thing, im not sure of the abbreiviations and i think this is where they may have me.

This is exactly what my letter says:

 

Particulars of claim

 

Part only of monies due under regulated Credi (SPELT WITHOUT THE T!) agreement number xxxxxxxxxxxxxx Between HSBC Bank Plc and the defendant of which was assigned to the claimant on 21.12.2011

The agreement terminated upon the defendants failure to comply with the terms of the agreement and/or the statutory notice of default served by hsbc bank plc

 

The claimant seeks interest pursuant to sectioon 69 of the county courts act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.07

 

Any payments or queries should be directed to the claimant on 0xxxxxx or email xxxx

 

what i cant understand is why it is exactly the same as someone elses on here? What would be my first step?

Thanks Lisa

Link to post
Share on other sites

:???: thanks, im ging out of my mind....i am very grateful for any help.

 

 

Im not great on legal terms etc but will defend myself as i dont feel i owe this money

 

 

then again im not even sure what its for as they havnt really explained it must be from years ago. I just dont know where to start...

thanks again

Link to post
Share on other sites

Don't forget your deadlines, 5 days or posting, +14,+14 for AOS.

 

DEFENCE

 

1. Paragraph 1 is nether admitted or denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement. Furthermore any claim for partial monies is averred Contrary to s35 of the county courtlink3.gif Act 1984 s35 Division of causes of action.

 

2. Paragraph 2 is noted with regards to termination of the alleged contractual Agreement , the Defendant has no knowledge, therefore the Claimant is placed to strict proof there of.

 

3. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant 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 equity to issue a claim;

 

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

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 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 the Claimant is entitled to the relief claimed or any relief.

 

Regards

 

Andy

 

Defence for later

Link to post
Share on other sites

Thank you, im feeling loads better, i may actually sleep tonight. Looks like i may have a long way to go but at least it seems im not alone. Its nice to know theres people willing to help. thanks guys. Oh what do you mean by Do not contest Jurisdiction.

Thanks again

Link to post
Share on other sites

Thank you, im feeling loads better, i may actually sleep tonight. Looks like i may have a long way to go but at least it seems im not alone. Its nice to know theres people willing to help. thanks guys. Oh what do you mean by Do not contest Jurisdiction.

Thanks again

:-)

 

Its a question when you complete the Acknowledgement of service!

Link to post
Share on other sites

i followed the link for CPR31.14 , do i copy and paste the letter and send it to to Sigma, im not going to pretend to understand it all but if they cant produce these papers does that mean they may not have a case. I have just finished the AOS online so i presume they will reply to me at some point?

 

Thanks Again.

Link to post
Share on other sites

Ok we got there in the end Lisa.

 

As Jogs states just post if you need any further assistance.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi everyone, do i send Sigma the CPR31.14 by email or direct through the post? do i have 14 days to do this or 14 days to give my defence. Im a little confused as to my next step is submitting the CPR31.14 to Sigma within 14 days or whether i need to send my defence of online with my logins or both.

 

to explain myself better, im meaning if i send this directly to Sigma should i send a copy to the courts online, as the sigma could deny recieving it. Or do i send it to the court online do they forward it on to sigma?

Sorry for being a pest i hope you can make sense of what im trying to get at, im hoping to do this tonight and post on here for you guys to help me check it before i send so just want to make sure it goes to the right place.

Link to post
Share on other sites

" To explain myself better, im meaning if i send this directly to Sigma Yes should i send a copy to the courts online No and ,Send recorded delivery ASAP as the sigma could deny recieving it. Or do i send it to the court online No do they forward it on to sigma?

 

Sorry for being a pest i hope you can make sense of what im trying to get at, im hoping to do this tonight and post on here for you guys to help me check it before i send so just want to make sure it goes to the right place.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

 

[Prior to the issue of proceedings Ihad delivered a request for the production of the agreement mentioned in theClaim Form and on which you rely. That request was ignored][delete if no such request was delivered] - not sure of this bit????

 

 

 

Did you or did you not make a CCA request prior to the issue of the claim form ? If not then delete that bit.

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...