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.

£19.99 + £1.50 (P&P)

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  1. #41
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    Default Re: Sigma spv 1 limited v me HELP please. im worried sick

    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.

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  2. #42
    Basic Account Holder lisapinkanne Novitiate

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    Default Re: Sigma spv 1 limited v me HELP please. im worried sick

    Hi Everyone,
    Yes i see it, its all back. I was vewry scared for a moment there.

    Right so i have heard nothing back from sigma should i send of a defence now, any suggestions anyone?

    thanks again
    Lisa


  3. #43
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    Default Re: Sigma spv 1 limited v me HELP please. im worried sick

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

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  4. #44
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    Default Re: Sigma spv 1 limited v me HELP please. im worried sick

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

    Regards

    Andy

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  5. #45
    Basic Account Holder lisapinkanne Novitiate

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    Default Re: Sigma spv 1 limited v me HELP please. im worried sick

    Thanks for your reply. Does anyone know what I should put in the defence and what it should contain. Are there any templatesicon. 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


  6. #46
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    Default Re: Sigma spv 1 limited v me HELP please. im worried sick

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

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  7. #47
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    Default Re: Sigma spv 1 limited v me HELP please. im worried sick

    Heres some prev threads.

    Sigma red/spv Court Claim
    Sigma - anyone with further developments‎ - 19 posts - 6 Sep 2012
    Sigma Split court claim‎ - 12 posts - 20 Jul 2012
    Sigma V Nana‎ - 4 posts - 17 Jul 2012
    http://www.consumeractiongroup.co.uk...ight=Sigma+WON




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  8. #48
    Basic Account Holder lisapinkanne Novitiate

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    Default

    Quote Originally Posted by MARTIN3030 View Post
    Heres some prev threads.

    Sigma red/spv Court Claim
    Sigma - anyone with further developments‎ - 19 posts - 6 Sep 2012
    Sigma Split court claim‎ - 12 posts - 20 Jul 2012
    Sigma V Nana‎ - 4 posts - 17 Jul 2012
    http://www.consumeractiongroup.co.uk...ight=Sigma+WON



    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


  9. #49
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    Default Re: Sigma spv 1 limited v me HELP please. im worried sick

    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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  10. #50
    Basic Account Holder lisapinkanne Novitiate

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    Default Re: Sigma spv 1 limited v me HELP please. im worried sick

    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 courticon 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
    (c) 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 crediticon 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.



  11. #51
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    Default Re: Sigma spv 1 limited v me HELP please. im worried sick

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

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  12. #52
    Basic Account Holder lisapinkanne Novitiate

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    Quote Originally Posted by citizenB View Post
    I cant recall, Lisa.. did you send a CCA Requesticon ..to the original creditor who has still yet to respond ?
    Hi, no I only sent the one to sigma by recorded delivery requesting details but nothing to the original creditor (I presume you mean HSBCicon) I actually didn't think to do that.
    Will that be a problem.
    Thanks
    Lisa


  13. #53
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    Default Re: Sigma spv 1 limited v me HELP please. im worried sick

    Quote Originally Posted by lisapinkanne View Post
    Hi, no I only sent the one to sigma by recorded delivery requesting details but nothing to the original creditor (I presume you mean HSBCicon) I actually didn't think to do that.
    Will that be a problem.
    Thanks
    Lisa
    Hi Lisa,

    no, not a problem as such.. however, had you done so.. it would certainly have been a problem for them

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  14. #54
    Basic Account Holder lisapinkanne Novitiate

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    Default Re: Sigma spv 1 limited v me HELP please. im worried sick

    If I type the above defence, would this make sense or is there something else I should add or maybe take out?
    Thanks
    Lisa


  15. #55
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    Default Re: Sigma spv 1 limited v me HELP please. im worried sick

    7. does not make sense Lisa.
    nor 8 come to that.

    Andy

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  16. #56
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    Default Re: Sigma spv 1 limited v me HELP please. im worried sick

    [QUOTE=lisapinkanne;400552 9]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 courticon 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
    (c) 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 crediticon 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.


    Perhaps this should be reworded along the lines of.

    Not having any knowledge of the claim, the Defendant sent a request for information by way of CPR31.14 on DATE. The Claimant has failed to respond to this request.


    You dont have to add "Dear".. When you submit online, you will be typing into templateicon..

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    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
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    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
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    Basic Account Holder lisapinkanne Novitiate

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    Default Re: Sigma spv 1 limited v me HELP please. im worried sick

    Thank you - my threads are not always showing again, ive highlighted this with adminicon, it took me a while to find my replies.
    Im going to submit this defence today, well will be this evening. Does anyone know what i should expect after submitting are they ikley to come back with something that will complety baffle me lol or could they just think its too much troube for them? in any case is this likley to be a long drawn out process? I dont want this to over my life but often these things bring tht much stress and worry they tend to do that. I suppose thats why most people just pay it.
    thanks again.
    Any further advice or help before i submit greatly appreciated.
    thanks everyone youve all been great.


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    Default Re: Sigma spv 1 limited v me HELP please. im worried sick

    Quote Originally Posted by lisapinkanne View Post
    - my threads are not always showing again, ive highlighted this with adminicon, it took me a while to find my replies.
    Hi,

    We are having some issues with the site at the moment, these are being worked on and hopefully will be back to normal shortly.

    Regards.

    Scott.

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    Default Re: Sigma spv 1 limited v me HELP please. im worried sick

    Defence

    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 courticon 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
    (c) 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 crediticon Act 1974.

    6. Not having any knowledge of the claim, the Defendant sent a request for information by way of CPR31.14 on DATE. The Claimant has failed to respond to this request.

    7. By reason of the fact and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.



    Regards

    Andy

    Please consider making a small donation to help keep this site running

    If you want advice on your thread please PM me a link to your thread
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  20. #60
    Basic Account Holder lisapinkanne Novitiate

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    Default Re: Sigma spv 1 limited v me HELP please. im worried sick

    Hi Andy
    Thats great, worded lots better than my attempt. i feel better about submitting that version.

    This site has been a saviour and i apprecate everyones help.
    Thanks again, ill keep you posted.
    Lisa



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