Sygma Bank UK vs me

[AndyOrch]

Hi St leonards.

 

Ok had a quick look through your thread and where you are up to.You have to submit your defence by 2nd August 2009.I would advocate something along the following lines:-

 

Defence

 

 

I St Leonards make this statement as my defence to the claim brought by Sygma Bank Uk

 

1.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR

 

2.No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

 

3.Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit

 

 

4.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

 

 

 

 

 

The above is all you need to place in the defence.

 

You should write to the claimants solicitors as follows:-

 

Dear Sirs,

 

 

Please serve amended particulars of claim and plead yor clients case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement and Default Notice/Assignment Notice upon which the claimant relies. The matter will be transferred to my home court and the claimant will have to produce the document, in any event. In those circumstances you should plead in accordance with the CPR.

 

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided'.

 

 

Yours Faithfully

 

(print name) send rec del/retain proof)

 

The above will starve them off for now and stop automatic Summary Judgement.I will look further at your thread later so dont submit the above defence yet until I have had further chance to throw a few more questions into the pot.

 

Regards

 

Andy

[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

[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

[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

[AndyOrch]

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

 

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

 

Regards

 

Andy

[AndyOrch]

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

 

 

Regards

 

Andy

[AndyOrch]

At least you are on the ball CB

 

Regards

 

Andy

[AndyOrch]

have you recieved a copy of the Claimants Aq?

[AndyOrch]

Hi stleonards tis me again

 

Ok the Claimants are going to try for SJ in the event that you do not file a fully particularised defence by said date.That is in their proposed Directions.What did you request in yours?

You now need to wait for the Courts Order Allocation Notice advising of track and Directions.The above is not set in stone until this is recieved but you need to be vigilant and prepare your argument should the DJ go with the Claimants proposed Directions.

Keep an eye out for the above and if the Claimants Directions are allowed watch out for dates and any further applications made with respect to Summary Judgement.

 

Regards

 

Andy

Edited September 17, 2009 by Andyorch

[AndyOrch]

andyorch has been helping you on this hasnt he ?.. lets see if we can send out a search party for him

 

If I recall correctly,the DN was invalid wasnt it ? Also their attempt to settle wasnt particularly enthusiastic:rolleyes:

 

We really must stop meeting like this CB others will start talking!!!

 

Regards

 

Andy

 

PS see above post

[AndyOrch]

Just to reiterate my post 58

 

Hi stleonards tis me again

 

Ok the Claimants are going to try for SJ in the event that you do not file a fully particularised defence by said date.That is in their proposed Directions.What did you request in yours?

You now need to wait for the Courts Order Allocation Notice advising of track and Directions.The above is not set in stone until this is recieved but you need to be vigilant and prepare your argument should the DJ go with the Claimants proposed Directions.

Keep an eye out for the above and if the Claimants Directions are allowed watch out for dates and any further applications made with respect to Summary Judgement

 

 

You need to check with you CC and ask about the Allocation Notice and your proposed Directions.Dont start drafting an amended defence just because they say so in their Directions,the DJ will view both sets and issue directions and also track vis a vis the Allocation Notice.Chase it up now!!!!!

 

 

Regards

 

Andy

[AndyOrch]

This isn't from their Directions, It is a General Form or Judgement of Order from the District Judge at the Court stating:

 

"IT IS ORDERED THAT

 

1. Unless the defendant file and serve a fully pleaded defence, disclosing real grounds for disputing the claim by the 14th October 2009 the defense will be struck out and the Claimant is entitled to enter judgement for the full amount claimed, interest and costs."

 

As I said, no other documents have arrived.

 

It is here:

 

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

 

I am off to the Court now to ask about the Allocation Notice and my proposed Directions.

 

Thank you.

 

Hi CB Stleonards

I didnt realise it was from Court, in that instance as you state above find out whats happened to yours and get the order revoked,therefore negating the need to submit a particularised defence until the claimant discloses..

Regards

Andy

[AndyOrch]

Closed for counter service when I got there and the telephone isn't being answered at the moment (nearly closing time)

 

I will go again after work tomorrow.

 

 

Any idea what happened to your directions SL?

 

Andy

[AndyOrch]

Shadow, this is now point 33:eek: . Does this need to be added as well. I dont see the Claimant has asked for the s69 interest. Are these two the same.

 

Help.........................

 

Not if they havent stated it.

 

 

Andy

[AndyOrch]

Apologies, just had a look at the POC's again, your correct, theyre not claiming stat interest, theyre claiming contractual interest:eek:

 

S.

 

 

If Contractual interest is stated in the T&C of the agreement then they are well within their rights to apply this to the POC, whether a DJ would allow it is another thing!!!!

 

 

Andy

[AndyOrch]

Out of curiosity Andy would that be the original t&c supplied at inset or could this be on an amended t&c sent during the lifetime of the account and still be valid?

 

S.

 

Initial T&Cs Shadow

 

 

Regards

 

Andy