Just a gentle reminder that small claims is balance of probabilities not certainties thus if they convince a judge that they indeed as part of their normal business practices send out NoA then a judge will deem it so without proof imho. YES you will have an appeal-able case but it costs time/money and dedication to appeal.

HOWEVER that said, if the amounts they are claiming are small, someone putting up a determined fight compared to the hapless chick newly hatched..... which one would you push ahead with further legal action against. They cannot hope to conclude all their pending claims.

S.

That and look for any previous documentation you have been sent both from the new creditor/claimant and the original lender.

S.

You need to use the information that came with the claim form to acknowledge online by ticking a box and indicating you will defend. Thats that part... then use the CPR 31.14 template on this site in the library to ask for ONLY documents MENTIONED in the particulars of claim...

Asking for anything that is not mentioned in the particulars will likely invalidate the CPR requirements of them to answer.

S.

Yet further reading I'm afraid.......

Take a look at this thread, good advice and the claim was put in back in May

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

Take a look at this thread, good advice and the claim was put in back in May

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

Probably already seen but take a look at this claim

good advice and the claim was put in back in May

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

Take a look at this thread, good advice and the claim was put in back in May

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

You'll see lots of these threads in legal forum at present, best subscribe to them all so you can keep track of how the claims are progressing and strategize (is that a word?)

You have 14 days from day of service (3 days after date on form I believe) to either admit/deny or acknowledge the claim, if you acknowledge you get the further 14 days (31 days to issue a defence in total)

The claim form should come with the details to acknowledge online and thats my recommendation, then look to send a CPR31.14 which whilst it doesnt HAVE to be responded to with information that you require would at least set your stall out that you are not to be pushed around.

S.

Is this why they ignored my CPR requests?

 

These gits have raised two summons on me and I have nothing to prove what I owe, how much I owe or that the debt exists and that they have any claim to it.

 

If they do not have to respond to CPR ho can I see evidence of what they claim i owe them?

They should respond if just to say they will not respond with full info etc, have you tried contacting them JUST about the CPR request, dont be drawn on anything else. A judge would want to see that you have tried to obtain the information and chased not that you sent a letter and forgot about it.

In any event You can issue a defence that states exactly that, when the Allocation questionaire comes you can try and get disclosure via the G- extra information bit or just wait till you sit in front of a judge and state that the claimant has refused to give any further information other than the PoC's.

S.

Is this one of the HL legal claims on behalf of Sigma?

S.

From the HMcourts website:-

31.1

(1) This Part sets out rules about the disclosure and inspection of documents.

(2) This Part applies to all claims except a claim on the small claims track.

Just for point of info, CPR 31.14 and CPR 18 are BOTH not allowed under small claims (less than 5k) **However** as the claim has yet to be allocated to a claims track its untracked and as such ALL CPR is available until such time.

They will usually respond stating they feel the claim will more than likely be under small claims and as such will not respond to CPR31.14 or CPR18 but it doesnt hurt to ask.

S.

Oh and its certainly a new one on me claiming "part monies due", the CCA gives them a route to reclaim ALL their monies via court on defaulted accounts, as I understood it going back for 2nd bite would not be allowed under CPR however the acknowledgement that they are claiming only part monies is as I said a new one on me. If you default or dont reply you get a CCJ, how can they then take you to court for another go at the same debt and possibly gaining a 2nd CCJ on a single debt which is not allowed.

Mr Carter used to split his claims all the time and depending on the defendants circumstances the advice due to bad POCS being used was sometimes to admit, pay the money so no CCJ was marked and then tell him where to go for the rest if he ever came back. If you look for Bryan Carter claims specifically in the legal section you'll see a large amount of split claims

S.

Pumpkinhead, I concur with your reasoning here, I believe they have complied with the LoP act and HAVE given you an effectual notice of assignment, however what was the wording of the letter, did M&S "pass on their rights" to Sigma or did they Sell the debt full lock stock and barrel to Sigma?

They at the very least are attempting to muddy the water and confuse. The date the debt becomes SB is clear, its the 6th anniversary of the date they become entitled/able to take you to court over this debt. This is usually between the 1st and 3rd missed repayment but it depends on the t&c of the company in question.

The only thing that happens 6 years from the default date is it disappears from your credit file.

IMHO I'd ignore it, by their own admission/calculations they have a month to issue proceedings. If they issue then the SB argument comes to the fore

S.

Thread moved

I am in the same position with this company .I only moved back to the UK one year 3 months ago having lived in Spain for 10 yrs .6 months ago after opening an account with one of the large Building Societies I got the first letter "please contact the above company etc etc. I ignored it and have received my third I dont even open them admittedly I did have a small debt on a credit card before I went to spain but 11 yrs ago???

You need your own thread on this rather than hijack someone elses

You also need to ensure that no judgement was brought against you whilst you lived abroad for this debt, a check of your credit files should show if a CCJ has ever been obtained. If not then yes a SB letter is all that you are required to send them.

S.

They have a judgement amount now and that is the amount you must pay, no discounts or f&f unless they are feeling generous I'm afraid.

Unfortunately its still going to stay on your credit file for 6 years and the trust registrar but you need to get the certificate to show its been paid in full. See here for details:-

http://www.trustonline.org.uk/understand-judgments-fines/certificate-of-satisfaction-satisfied-vs-unsatisfied-ccjs/

S.

Ok, the steps in this will allow you to apply to annul the bankruptcy order, I *think* this is the right path although 42Man will be better disposed to advise, I'll pm him and ask him to drop in

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1084607663&r.i=1084607598&r.l1=1073858790&r.l2=1084600731&r.l3=1084596846&r.l4=1084606969&r.t=RESOURCES&type=RESOURCES

Hello,

Well guess what I have been made Bankrupt by the Court. I received the letter today. Do I have the right of appeal because this hearing has gone ahead without me even though the Court gave me permission to attend Jury Service which is completed this Friday. I have been physically sick it was such a shock. Any help would be appreciated. The ironic thing is I do not have any debts so how do I go on there?

I have e-mailed the Court asking to appeal I dont know if thats the right thing to do but I did seek their permission first before I filled in my Jury Summons.

We always advise to attend court to put your side, it just isnt possible to counter what the other side will bring up in written submitted evidence unfortunately Obviously in this case the fact you were doing your duty by bring on Jury service just makes it a bit of a mockery of a justice system imho.

S.

You should make a complaint to the ICO about the lapse in upholding the data protection act. This can be done online at the ICO website, its just a word document to fill out and return by email.

S.

Brill news, well done

S.

Congrats Shelly, always good to see a bank given a bl**dy nose in court

Always good to keep a record of letters sent / received to a DCA / OC, if you have the original letter and a photocopy then it'll be game over if they try and claim it was a payment made towards the alleged debt.

I have 6 files full of letters (one for each lender)

S.

Shadow - statement of default from the OC was dated December 2000. Payments stopped a few years later, but not quite six years at the moment.

 

This has been going on for a long time. Should we still add the extra three months from the 6 years date just to be on the safe side? That would change SB date from beginning of November this year to beginning of February 2013.

It really is down to the t&c, like I say industry standard for credit cards is 3 months after last payment missed but I think it safer to wait myself.

Also, is it a legal requirement that a SAR truly reflects all payments/refunds on an alleged account as at the date of sending? Meaning that if the provider of the SAR has missed out payments supposedly made, they can't then go back on the SAR information they provided without getting into trouble?

 

Thanks for any further advice

A Sar must show all information they hold on you, it doesnt have to be accurate/legit or otherwise as far as the ICO is concerned it just has to be all the data THEY hold on YOU in a format that they wish to give it to you as well, doesnt have to be the original.

The accuracy of data is more to do with the basic running of an account and money laundering / bank / CCA regulations

S.