Sygma Bank, Jjb Mastercard Ppi

[KaneCole]

Hi

 

I have written to Sygma stating that I was never told that I had taken this insurance and that it was optional and the insurance was never explained to me. I requested a copy of the Credit Agreement and there is nothing on it at all with regard to the insurance. I then received a letter from them stating that they are unable to uphold my allegation of mis selling at this stage as they are currently waiting for a copy of the call recording in which the insurance was sold. I then sent off an SAR because I have no recollection at all of a telephone conversation at all because this card was sold to me in the JJB store and the credit agreement was completed there. I have now received their information following the SAR, but all they have sent me is copies of my monthly statements which I already have.

 

Should I go back and say that if there is such a recording they should have sent me a copy of it or just wait to see how they respond.

 

Thanks

 

Kanecole

[hellhasnofury]

Hi

 

I have written to Sygma stating that I was never told that I had taken this insurance and that it was optional and the insurance was never explained to me. I requested a copy of the Credit Agreement and there is nothing on it at all with regard to the insurance. I then received a letter from them stating that they are unable to uphold my allegation of mis selling at this stage as they are currently waiting for a copy of the call recording in which the insurance was sold. I then sent off an S.A.R - (Subject Access Request) because I have no recollection at all of a telephone conversation at all because this card was sold to me in the JJB store and the credit agreement was completed there. I have now received their information following the S.A.R - (Subject Access Request), but all they have sent me is copies of my monthly statements which I already have.

 

Should I go back and say that if there is such a recording they should have sent me a copy of it or just wait to see how they respond.

 

Thanks

 

Kanecole

 

Hello KC,

 

Keep chipping at them and let them know you are serious. They must be able to prove that they sold the policy fit for the purpose and agreed by yourself.

 

Write back to them, regarding the SAR, send them a S.A.R - (Subject Access Request) non-complicance letter, you will find it in the bank letter template section on the front page of the forum.

 

Do you have a copy of your credit agreement to see what you signed for????????? regarding ppi

[KaneCole]

Hi Hellhasnofury.

 

Thanks again for your help with this one, you helped me greatly with my FirstPlus claim which is now with the FOS.

 

The Copy of the Credit Agreement they have sent me shows absoulutely nothing to do with the PPI, there isn't any reference to it at all on the whole form. Does it mean that even if I agreed to it over the phone that because i havent signed something, they aren't allowed to just add it ? I am going to write back thanking them for sending my copy statements but asking why there is nothing in there at all with regard to the PPI.

 

KaneCole

[KaneCole]

Hi Hellhasnofury.

 

I wonder if you could help me with this one again.

 

Sygma Bank are still delaying this one. Since my SAR on the 27th August they have still not provided me with anything other than copies of my monthly statements in respect of this credit card. I have wrote to them saying that they have not complied by law under the data protection act but all i keep getting is their apology and say they are still awaiting a copy of the call recording where i was sold the insurance. (i have had 4 letters dated 7th Aug, 21st Aug, 18th Sep and 17th Nov saying this)

 

Whats my next step ?

 

I havent paid anything on this card since about April and am waiting for their solictor to come up with a payment plan or take me to court as I had to fill out a Court Claim form back at the beginning of August but i havent heard anything yet.

 

KaneCole

[hellhasnofury]

Hi Hellhasnofury.

 

I wonder if you could help me with this one again.

 

Sygma Bank are still delaying this one. Since my S.A.R - (Subject Access Request) on the 27th August they have still not provided me with anything other than copies of my monthly statements in respect of this credit card. I have wrote to them saying that they have not complied by law under the data protection act but all i keep getting is their apology and say they are still awaiting a copy of the call recording where i was sold the insurance. (i have had 4 letters dated 7th Aug, 21st Aug, 18th Sep and 17th Nov saying this)

 

Whats my next step ?

 

I havent paid anything on this card since about April and am waiting for their solictor to come up with a payment plan or take me to court as I had to fill out a Court Claim form back at the beginning of August but i havent heard anything yet.

 

KaneCole

 

Hello KC,

 

I believe that if they had the recording they would have sent it by now:rolleyes:.

 

I would send off a complaint to the information commissioners office and ask them to investigate asap. This will let them know that you know what you are doing regarding the breach of the dpa:D

 

Can you explain a bit more about the reasons that you have stopped payemnt to them and the court claim form.

 

Does this mean they have issued proceeding against you

[KaneCole]

Hi Hellhasnofury.

 

I couldnt afford to pay it and with the PPI added situation just got worse. Last payment was made in March and then in July I had a letter from a solicitors which was a termination notice saying that court proceedings will now be issued for recovery . I then completed a full statement of my affairs to their solicitors with an offer of a payment plan of £100 per month and sent an cheque for this amount which was cashed and then got a claim form from the court.

 

I have called their solicitors today and they advise me that they are waiting for Sygma Bank to sort out the insurance issue before they can proceed.

 

So should I write to the information commissioners office as they havent provided any info and copy Sygma the letter ? Or do i not let them know ?

[hellhasnofury]

Hi Hellhasnofury.

 

I couldnt afford to pay it and with the PPI added situation just got worse. Last payment was made in March and then in July I had a letter from a solicitors which was a termination notice saying that court proceedings will now be issued for recovery . I then completed a full statement of my affairs to their solicitors with an offer of a payment plan of £100 per month and sent an cheque for this amount which was cashed and then got a claim form from the court.

 

I have called their solicitors today and they advise me that they are waiting for Sygma Bank to sort out the insurance issue before they can proceed.

 

So should I write to the information commissioners office as they havent provided any info and copy Sygma the letter ? Or do i not let them know ?

 

Hello KC,

 

So they have issued a claim against you. What did you fill out on the court summons, did you admit, part admit or defend the case.

 

You can request information and documents under the civil prosecution runle to obtain all information relating to this case.

 

Can you give us as much information as you can.

 

I will pm somebody to come and have a look:D

[KaneCole]

Hi HHNF

 

I competed the form as a "part admission". I said that I agreed I owed the money i had spent on the card minus the payment protection insurance and any interest relevant to that. I completed a form showing all my expenditure etc.. and said i was able to pay £100 per month as a proposed payment plan.

 

I have no idea what is happening now. Sygmas solcitors tell me they are waiting for Sygma to advise them with regard to the insurance complaint and because they keep say they are awaiting a copy of the call recording it is going no where. Would it take 4 months to locate a call recording ?

Is there a standard letter that i need to send to the information commissioners office because they havent provided this info ?

 

Thanks

 

Kanecole

[hellhasnofury]

Hi HHNF

 

I competed the form as a "part admission". I said that I agreed I owed the money i had spent on the card minus the payment protection insurance and any interest relevant to that. I completed a form showing all my expenditure etc.. and said i was able to pay £100 per month as a proposed payment plan.

 

I have no idea what is happening now. Sygmas solcitors tell me they are waiting for Sygma to advise them with regard to the insurance complaint and because they keep say they are awaiting a copy of the call recording it is going no where. Would it take 4 months to locate a call recording ?

Is there a standard letter that i need to send to the information commissioners office because they havent provided this info ?

 

Thanks

 

Kanecole

 

Hello KC,

 

You can send a complaint to the ICO via their website. what I feel is more important is that as they have issued court proceedngs against you:-x

You have a legal right to obtain this information and anything that they possess regarding the claim, to assist you. Have you sent your part defence to them.

 

Do you have a copy of your credit agreement????????

 

Have a look at the civil procedure rules

 

www.dca.gov.uk/civil/procrules_fin/

 

I have asked for more assistance in this matter:D

[car2403]

There's a Court Claim against you? Can you post up the claim form and any other non-standard documentation you've had from the Court, with personal details removed, of course? This is very important, before you're advised further. If you register for a photobucket account (it's free) then upload the scan of the documents using the "IMG" link supplied, you can post links to the images on this thread.

 

You should ring the Court to get an update - if you've admitted part of the debt, the Court will set a money order saying how much you are to pay based on your income/expense. It's entirely possible that you haven't received this, in which case you need to speak to the Court - urgently, albeit I don't want to panic you at this stage - as it's possible enforcement action is being taken while they are "waiting" for that recording...

 

Why did you admit the debt? Is the agreement enforceable? If you don't know if it is or isn't, it would be worth posting it up here with all the personal information and signatures removed, so we can tell you if it is or not. It may be you've just admitted a debt that can't be enforced, but we can deal with that once we've seen the agreement, should it be unenforceable. (See photobucket instructions above)

 

As for the PPI, what happened with the rest of the claim? The part you didn't admit? As it was a partial admission, there must have been a defence submitted, right? What was the defence? Again, you need to clarify what's happening with the claim, as you may now be out of time to submit a defence to the PPI part.

[car2403]

Hello KC,

 

You can send a complaint to the Information Commissioners Office via their website. what I feel is more important is that as they have issued court proceedngs against you:-x

You have a legal right to obtain this information and anything that they possess regarding the claim, to assist you. Have you sent your part defence to them.

 

Do you have a copy of your credit agreement????????

 

Have a look at the civil procedure rules

 

www.dca.gov.uk/civil/procrules_fin/

 

I have asked for more assistance in this matter:D

 

HHNF...

 

IMHO, I wouldn't bother with the ICO at this stage. As there is a Court claim, albeit it isn't regarding the DPA issues, it's better for the OP to consider a defence (see above) and a possible counterclaim for failure to comply with the SAR and to reclaim the PPI payments.

 

I agree a CPR Part 18 request is in order, but until we have the info I've posted above, we'll have to hold off on it's construction at this stage.

[KaneCole]

Hi.

 

I am totally confused now and unfortunaltely I dont have a scanner so am unable to put copies of the documents up.

 

The court form was for Cerkenwell & Shoreditch Count Court. The Claimant was Sygma Bank UK and I am shown as defendant. Brief details of claim say "claim for money due and owing, Value £3963.73..

 

Particulars of claim.

 

1. Under the terms of a credit card agreement between the claimant and defendant. the claimant made credit available to the defendant, and which the defendant was obliged to repay to the claimant together with interest calculated monthly.

2. The defendant failed to maintain the payments in accordance with the agreement and so on 9 April 2008 the claimant send the defendant a default notice pursuant to the consumer credit act 1974.

3. The defendant failed to comply with the notice and the claimant terminated the agreement on 22 July 2008 resulting in the full balance becoming payable.

 

Full balance due £3713.73

pre- issue legal costs £250

 

4.The claimant also claims interest pursuant to the agreeement at the rate of 19.9% from the date of termination until the date of payment.

 

 

I then completed the infomation about my incoming and outgoing monies and completed and signed the part admission. Form N9A and form N9B.

 

I didnt know I could not admit the debt. I came back from holiday to this form and had about 2 days to complete it so in a panic I did. I admitted to what I had borrowed on the card minus the PPI which is about £1200. The copy of the agreement I have is really hard to read so even if I could scan it I dont think you would be able to read it. What part are you interested in ? I dont know if it is enforceable. I can type out sections if that helps.

 

Kanecole

[car2403]

KC, does the agreement contain the credit limit, the interest rate and the repayment details?

 

Is it signed by you?

 

You should have received a complete Court claim response pack - in that pack would have been admission, part admission/part defence and full defence forms.

 

It would also be worth your while to read the introduction to consumer credit litigation thread, which will get you a lot more information about how to handle this - you'll find a link in my signature, on one of the posts above. It's important you come back to your thread to ask questions though, after reading that, so we can get you back on track.

[KaneCole]

Car,

 

The agreement is signed by me. The credit limit is on the bottom and there is reference to the vact that it is reviewed. It says Monthly payments of £5 or 3% of outstanding balance from time to time, whichever is greater payable within 20 days of statement date. There is a table of interest rates.

 

I completed part admission form N9A where I admitted to owing the amount stated minus the PPI and on this form you also enter your employment, income, expenses etc and I put in an offer of paying back £100 per month. I also completed from N9B which is the defence and counterclaim form where I just put as a defence that the PPI had increased the amount owed so I couldnt afford to pay it and that the PPI was in dispute etc.. and sent copies of all correspondence relating to the PPI issue.

 

Because I have heard nothing from the Court about the money order you mention, should I call them. I am in a bit of a panic now, what sort or enforcement action would they be taking ?

 

What should my next course of action be ?

 

Thanks for all your help. Starting to lose sleep over this now.

 

KC

[car2403]

If you've entered a part admission and a defence, even a part defence, the Court would have written to the claimant to see how they want to proceed.

 

It sounds as if they haven't replied to that request based on your complaint relating to PPI.

 

What usually happens is that the claim would be stayed 28 days after the Court writes to the claimant and they would have to make an application to have the stay lifted, including the reason why they didn't reply within that period to continue the claim as normal. (The Court doesn't look lightly on stalling tactics)

 

I may be jumping the gun, but I wonder if the Court would grant an application to lift the stay based on the length of time you've been waiting. There may be grounds for having the claim struck out based on the fact they haven't replied to the Court (if that is what has happened) and also can't seem to deal with your PPI concerns effectively.

 

You'll need to confirm all this with the Court, ASAP, to give you piece of mind.

 

At this stage, losing sleep won't help. I'm sorry if I've panicked you, but there was key information missing earlier on in the thread.

[hellhasnofury]

Hello KC,

 

Please don't be panicking and losing sleep over this. The worse that can happen is that the judge will rule on you offer of payment and £100 a month is a lot, some people offer very low payments. Court summons can be very scary to the average person, but don't forget that you have legal rights, remember you are the victum here, had they not applied mis-sold ppi to your account for their unjust enrichment, you would not be in the position that you are now.

 

Now the crux of the matter is that the amount they are claiming that you owe them, is based on mis-sold ppi, I bet penalty charges, and this is your valid arguement and you have asked that the court take this into consideration.

 

Do as Car suggests ring the court to find out what is happening??? Then follow it up with a letter and send a copy to sygma. Let them know that you are not going to sit back and accept their behaviour. Rather than sit and wait, maybe take some control and start pestering everybody for information as to what is going on, Once you know where you stand, you can maybe push for a strike out of this case. If it comes to it, you can ask permission from the Judge to amend you defence.

 

Come on get mad:-x and get even:D

[KaneCole]

Hi Car and HHNF

 

Spoke to a man at the court today and he has advised me that nothing was done when I sent my part admission in August. He doesnt know why but they never carried out any action whatsoever. He says he is now going to send my part admission to Sygma to see how they want to proceed.

 

I asked him if Sygma had chased them at all to get this thing moving so they can get their money and he said no which is why it seems to have been forgotten.

 

He advised maybe I should seek legal advice from a solicitor about the PPI.

 

What should I do next ? Why arent Sygma chasing their money ?

 

KaneCole.

[car2403]

Which Court is this with?

[KaneCole]

Clerkenwell & Shoreditch Count Court.

[car2403]

Sounds about right for a local County Court. I believe they still send documents via "runner". (A bit like the message in the Adventures of Baron Munchausen!)

 

Someone must have forgotten to open the drawer that contained the post in it for a few months.

 

[KaneCole]

I know its a joke. Im worrying myself silly and they havent done a thing.

 

Should I sit and wait to hear or should i now go to the information commissioners office about the missing call recording ?

 

Is there anything I can do because the claim form wasnt acted upon ? Is there any time limitations ?

 

KC

[hellhasnofury]

I know its a joke. Im worrying myself silly and they havent done a thing.

 

Should I sit and wait to hear or should i now go to the information commissioners office about the missing call recording ?

 

Is there anything I can do because the claim form wasnt acted upon ? Is there any time limitations ?

 

KC

 

Hello KC,

 

What you need to do is get angry. There is a lot you can do.

 

Firstly have you rung the court to see what is going on with the case.

 

Secondly you can send under the crown prosecution rules a request to syma demanding the information that they hold, that will assist you with the case.

 

Thirdly you can write to the Judge stating your case and why you think the case should be stuck out based on their behaviour as to date.

 

Fourthly, you can write a letter to the Information Commissioner Office asking them to investigate your complaint, but bear in mind this issue can be addressed via the court.

[car2403]

Secondly you can send under the crown prosecution rules a request to syma demanding the information that they hold, that will assist you with the case.

 

That's Civil Procedure Rules, by the way...

[hellhasnofury]

That's Civil Procedure Rules, by the way...

 

Thanks for that car:D

:lol: Glad you spotted my inexcusable erreor, best get my brain intow gere, :-?youl be watching mi spelin nects:razz:

 

Must remember cpr is civil Procedure rules

Must remember cpr stands for civil procedure rules

Must remember cpr stands for civil procedure rules

 

What does cpr stand for, I got it civil procedure rules:D

[car2403]

What does cpr stand for, I got it civil procedure rules:D

 

No, "cardiopulmonary resuscitation"