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louloujs

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louloujs last won the day on October 17 2011

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  1. Same here, three years and then I had a statement and a letter about three months ago. Can't wait to see which DCA gets in touch this time - there can't be that many left...
  2. Hi Shotters I've actually missed a couple of phone calls from the HL Solicitors who have been trying to reach me. Interesting, I'll wait and see what comes next. Keep you posted. LL x
  3. Hi Andy Filed today and printed for my records. Many, many thanks. LL
  4. Andy, this is incredibly helpful. You've encapsulated everything perfectly as usual. Really, really grateful. I'll file my defence in the morning and see what comes back... Enjoy the rest of your weekend LL x
  5. Many thanks for this, just reading through Andy's suggested defence to see how to approach this...
  6. Thank you, Andy. I had misread the amount claimed as DN monies, not interest. I have done CCA, but not CPR or SAR. As proceedings have now started, should I issue CPR 31.14 request? Split claims are new to me, but can see how they're seen as an abuse of process. Learning every day... Thank you for your help, LL
  7. Hi Brig, thanks for this info. To get to AQ stage, I still have to file a defence don't I? I imagine even a 'loose' defence that touches on the strange calculation of figures, dubious DN, etc could enable this to proceed to this stage. However, because this has been passed to a third party, I wondered if it would be easier/quicker to go direct to them as I'm sure they'd like my monthly payment. I'm not sure I'd get away with £5 a month for many years though, that appeals, but I guess they have to agree to mediation in the first instance. Looking forward to further advice on this. LL
  8. Thank you both. The total o/s to HSBC, now sold to Sigma SPV, is around £2500. I'm happy to discuss with them to avoid CCJ etc and associated stress, but will have to do so with Sigma not HSBC... Will await your advice. LL
  9. A little nudge on this as tomorrow is the last working day I have before my defence is due. I could get on the phone and start a dialogue with the OP if a defence is likely to fail. Thanks again, LL
  10. The POC is a little erroneous. I wonder if the claim is designed to prompt a payment that will settle a precedent for a further claim for the full amount? If this is the case and the CCA is indeed valid following GG's comments above about the signature (my reason for the dispute), I wonder if I should contact the OP and see if a payment arrangement can be agreed on before this results in a very unwanted CCJ. Thanks for you advice, as always, LL
  11. Thank you all for your help: I do think there is a discrepancy on the document, in view of the timescale, I think I should point this out on my defence, although I note the comment from GG: The signature that isn't mine is beneath the Optional Cardholder Repayment Protector in the 'Signature of Customer' box. This is spurious surely? As for the DN, I'm sure I haven't received another one, also their claim is for "Part only of monies due under regulated CCA no..." I believe this is the crux of my defence in that their POC focuses on the DN and agreement not being complied with. The DN is dated 4 July 2008 and payment to remedy the breach was demanded by 18 July 2008. You're right, no posting time allowance. I spoke to HSBC on receipt of the DN and they told me the payment could be collected from my HSBC current account on 1st August. It was and was received by them on 4th August. So, I didn't actually make the payment in time to remedy the DN, although if the DN is faulty, it helps. The claim form is dated 10 April, it was issued at Northampton so can be responded to online. The claimant is Sigma SPV 1 Ltd and I have a letter from HSBC confirming this debt was assigned. All documents were sent to my old address (I moved recently). I am very sure that I would have kept any subsequent DN as I've made a habit of not throwing such paperwork away. It'll be interesting to see what their claim documents throw up; if another DN was issued but not received, I wonder if it will also be invalid on the posting allowance issue... Thank you all again, do you think the faulty DN should form the basis of my defence? LL The Claim is
  12. Thank you both for your help. Brig, yes there's a link to the CCA on my first post. Re the DN. It was dated 4 July to be paid by 18 July. I was told by HSBC the £301 would be collected from my account on 1st August, which it was. The summons is for £2 less (£299 plus costs etc) than the DN value requested. I cannot recall receiving another DN, but can't rule it out 100%. Havinastella, the last payment made on this account was on 14 Jan 09 (£31), which was the amount requested by HSBC as an initial payment when they wrote to me to tell me my account would be passed to their agent (DG Solicitors). Hope this helps. Thank you both again. LL
  13. Hi, hope you can help. DCA (Sigma) has issued a summons against me, the debt from an HSBC Gold Card having been sold to them. Brief history: - 4/7/08 Default notice received on (the amount in question I believe was paid from my HSBC current account on 1/8/08. - 24/10/08 sent CCCS standard letter offering £1 per month due to financial problems. - 4/11/08 A letter received saying my proposals for repayment were not accepted. - 19/11/08 HSBC letter passing admin to their agent for repayment arrangement admin. - 29/1/09 Requested copy of credit agreement. - 20/2/09 Sent 'Default under the CCA 1974 failure to produce agreement' letter to HSBC. - 26/2/09 Received copy of agreement and T&Cs. However, HSBC CCA.pdf as I hope you can see on the attached two pages the two 'customer signatures' are different. The one below the Optional Cardholder Repayment Protector box is not mine at all. - From this point onwards I continued to receive DCA demands from multiple DCAs (7 or 8). - 12/7/10 Sent Account in Dispute letter to Moorcroft, with a copy to HSBC (extract: This account is in dispute with HSBC Bank plc and has been since November 2008. Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998. My previous dispute from November 2008 has NOT been answered. As HSBC Bank plc is now in default of my Consumer Credit Act agreement request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.) - Until now, sent the same Account in Dispute letter to the various DCAs, and then I receive a Summons... The POC state: I am hoping that my paper trail is complete, but cannot be 100% certain. However, have the following questions: 1. The only DN I hold was paid as itemised above. I do not hold another. 2. Surely the CCA is invalid if it contains a third party signature where mine should appear? I have repeatedly told (on the phone) HSBC when they've chased me that I am still waiting for a CCA with only my signature on it, they've ignored these requests and simply passed it around DCAs. 3. If the account is in dispute (see my letter above), surely they cannot take action against me? I would appreciate any help you can give me with regard to my defence that I need to file. I received the summons late as I've moved house, but it needs to be back by 15/5/12. I sent the Acknowledgement of Service back in good time. If I've left anything out, please let me know. Many many thanks, LL
  14. Hi, update after today's hearing. Not good news unfortunately. The OP solicitor turned up late, but was indeed there. We had a different DJ, who had read the file and asked both sides to put their cases. She told me that my application to strike out was based on CPR 3.42 paras A and B, i.e. no grounds for claim and an abuse of the court's process. I put my case as well as I could and obviously so did the OP. I explained that the documents were received very late and I hadn't had an opportunity to discuss them with my ex yet, but they certainly did not represent what I'd asked for. There were no copy invoices or correspondence as requested repeatedly. I also made a comment about no contract being included, the OP quickly interjected and said there was. What I have for three children are two 'Applications for Admission' and one 'Acceptance Form' with conditions on the reverse (see attachments above). I will copy these, remove personal info and post up the fronts tomorrow morning. In any event, the DJ said that because the OP had submitted a witness statement and 'some documents' that showed invoice and payment information, albeit not the actual documents, no correspondence etc, there was evidence that transactions had taken place so that left room for a claim. My abuse of process point was well received and I was praised for my patience and continued efforts to get evidence to get the claim moving forward. However, she listened to the excuses and apologies from the OP and concluded that the claim had gone on for way too long without a result and that was partly due to the case not being allocated to track, no directions etc. So, my application was dismissed and the case will be allocated to fast track for trial, there will be directions for disclosure of further information and she will push for the matter to be processed quickly. The OP have been allowed to submit an amended PoC and will do so within 28 days and then I can file a detailed defence etc. The OP said today they would be no claim for costs. I didn't think to ask if that was for the matter to date or in the future, must assume it applies to activities up until now. When we left the room, we spoke to the solicitor for the school who said the school would be pursuing the matter and to submit an offer to her. I explained that it was hard given the documents we have, or don't have but she said to go through and come up with something in writing by way of an offer. I'd be interested to see what you think of the 'contracts' I'm going to post, but it may be that we come up with an offer and an arrangement to pay what we both feel is fair. Throughout this case, I haven't wanted to avoid payment completely, but to come to a settlement that reflects the appalling treatment of my son, the school's incredibly lax admin procedures and their poor conduct and zero response during these proceedings. I have a feeling that if the documents I have represent a form of contract and they come up with all the copy invoices and correspondence, it could be a more costly exercise at the end. But anything I can use to negotiate with is obviously going to be very helpful. I'll post up the 'contract' front pages in the morning and the Order when it comes through. For now, thanks again so much for all your invaluable advice, be interesting to see where we go now. More tomorrow, LL x
  15. Quick update before the hearing at 2pm today. Contact the OP and asked if they were interested in adjourning for a couple of months or so to give us time to respond to their witness statement and dox. They've declined having taken advice from the school, so the apple hearing to strike out is going ahead at 2pm. Will update then.
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