Sygma Bank UK vs me

[citizenB]

Thanks andy:D

 

Looks like you are sorted stleonards.

[the_shadow]

Thanks guys, didnt want to post up a defence which could compromise later proceedings.

 

S.

[stleonards]

Thank you all, Truly.

[AndyOrch]

Hi St Leonards

 

Ok to proceed with your Defence submission.Copy and paste the above Defence into MCOL and print off your time reciept and acknowledgment.Retain as proof and attach to your Defence.

Ok the the Claimants now have 28 days to respond to your defence.You will recieve an Acknowledgement from Northampton confirming your defence as been forwarded to the Claimant.

If they fail to respond your case will be stayed.If they respond you will recieve an AQ (Allocation Questionnair) on completion od said AQ the claim will be transfered to your local CC, we can go through this should and if you recieve.

You also have the option to follow through your threat as per the Letter you sent to the Claimants Sols ie an application to strike out and seek judgement in your favour, the Claimants case, they had 7 days to comply and the clock is ticking.

So a few options to consider in the meantime lets see what transpires and just post to your thread if you are unsure of anything.

 

Regards

 

Andy

[stleonards]

Thank you and understood. Defence now submitted and letter has been sent already, special delivery.

[stleonards]

Hello again,

 

I received a reply from Drydens today and have put the two pages of the letter here:

http://i645.photobucket.com/albums/uu180/stleonards_2009/drydensletter1.jpg

http://i645.photobucket.com/albums/uu180/stleonards_2009/drydensletter2.jpg

 

I think it speaks for itself, basically they are not going to give me anything and I should pay them now.

 

Thank you.

[AndyOrch]

Hi Stleonards

 

There is no prospect of any solicitors charges being dumped on you for fighting this claim beyond solicitors costs already mentioned on the claim form. This is because the sum involved is less than £5,000.00 and if you defned the case it will be allocated to the small claims track.

 

Defending is your legitimate right to avoid paying that which you can not afford to pay.

 

If you havent sent a CPR request i would advocate sending it now before the AQs are released so you may use their response/failure in your AQ

Send Special Delivery and print name.

 

Regards

 

Andy

[stleonards]

Hi,

 

I did a CPR request on 2nd July and got this letter back:

 

http://i645.photobucket.com/albums/uu180/stleonards_2009/drydenscpretter.jpg

 

with the unreadable agreement and the template default notice, should I do another CPR?

 

Sorry it takes a while to reply but I don't have the technical ability with the scanning and cleaning of documents and have to rely on a helpful neighbour.

 

Thanks again.

[AndyOrch]

Await allocation then if they proceed.Have you recieved conformation that your Defence as been recieved and forwarded to the Claimant?This process alows them 28 days to respond and failure would lead to the case being stayed,until such time they respond and pay the AQ fee.

Sit tight until you (if ) recieve an AQ (Allocation Questionnair).

 

Regards

 

Andy

Edited August 20, 2009 by Andyorch

[stleonards]

Ok will do, and thanks again for your help.

[stleonards]

Also, I have received notification from the court that the defence was received and forwarded to the Claimant.

[citizenB]

Also, I have received notification from the court that the defence was received and forwarded to the Claimant.

 

 

Yep, that is automatic once you have filed your defence. They now have 33 days to respond or the case will automatically be stayed until such times as they make the next move.

[stleonards]

I have received an Allocation questionnaire this afternoon an N149 (Small claims track)

 

The case has been transferred to my local County Court.

 

The last date for filing with court office is 11 Setember 2009.

 

Thank you.

[AndyOrch]

Hi just helped with one in this thread saves me repeating myself;)

 

CL Finance/cohens re: HSBC.... help needed please

 

Regards

 

Andy

[stleonards]

Thank you Andy

[AndyOrch]

You may have to change the Directions slightly and part G just post if you are unsure.

 

 

Regards

 

Andy

[citizenB]

duplicated information, andy beat me to it :lol:

[AndyOrch]

At least you are on the ball CB

 

Regards

 

Andy

[citizenB]

Ok N149 Small Claims Track (3 Copies required)

 

A no

 

B no

 

C yes

 

D 1 Yourself and OH

 

E no

 

F (you complete any holidays etc not able to attend otherwise no)

 

G (leave blank for now we will come back later)

 

H Not relevent you are the Defendent

 

 

I signiture declaration (leave one copy unsigned for the Claimants Sols)

 

 

Ok for now?

 

Regards

 

Andy

 

 

 

 

 

 

 

 

 

 

At least you are on the ball CB

 

Regards

 

Andy

 

I keep falling off though andy

 

I have brought forward the relevant post from the thread you linked st leonards

[stleonards]

Just updating, I filed my AQ this morning at the County Court by hand, I had until the 11th but have to go away for a few days and didn't want to risk missing the deadline.

 

I returned home at lunchtime to find another letter from Drydens stating

 

"From a review of our papers, we believe that we may have previously provided you with an incorrectly headed copy of the template Default Notice. Our client has now provided us with a correct copy of the template Default Notice and we now enclose a copy of the same, by way of service upon you."

 

along with plenty more all here

 

http://i645.photobucket.com/albums/uu180/stleonards_2009/SecondDN0001.jpg

http://i645.photobucket.com/albums/uu180/stleonards_2009/SecondDN0002.jpg

http://i645.photobucket.com/albums/uu180/stleonards_2009/SecondDN0003.jpg

http://i645.photobucket.com/albums/uu180/stleonards_2009/SecondDN0004.jpg

http://i645.photobucket.com/albums/uu180/stleonards_2009/SecondEnvelope.jpg

 

This template is identical to the first except it is headed Sygma Bank UK rather than Creation and they have replaced some of the XXX with my name, address and account number.

 

The screenshot is quite funny because in the bottom right hand corner the cursor is by the clock to show the computers system date which even I can change on my computer in less than thirty seconds.

[the_shadow]

If we were going strictly by the letter of the law here then that default notice is possibly duff too... even if they have now got the correct creditor on the top.. (worth checking against companies house website to confirm)

 

It's missing a paragraph of prescribed text from the Consumer Credit (Enforcement, Default and termination notices) regs 1983.

 

A statement in the following form--

 

"This notice should include a copy of the current Office of Fair Trading information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included, you should contact us to get one."

 

S.

 

 

Edit: Added in Caveat above as regs say any default notice shall contain the following.... doesnt say "must" or "will", so possibly down to interpretation.....

Edited September 7, 2009 by the_shadow
added extra stuff...

[Docman]

I see. So Drydens answer to any point is going to be ' and here's one we prepared earlier (ie after you told us the last one was duff).'

 

It's tempting to suggest you make your own application to strike out their claim but it might be easier to respond to any such strike out from Drydens.

 

Did you ever receive the DN from Creation themselves or was the XXXX'd version you posted one that Drydens sent to you in response to your request for documentation?

[AndyOrch]

have you recieved a copy of the Claimants Aq?

[stleonards]

Did you ever receive the DN from Creation themselves or was the XXXX'd version you posted one that Drydens sent to you in response to your request for documentation?

 

That version was the only one I had ever received until today and it was from Drydens in response to the CPR request.

 

Thanks.

[stleonards]

have you recieved a copy of the Claimants Aq?

 

Not yet no, they are due to file by Friday the 11th.

 

Thanks.