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Could I ask for some help in dealing with Drydens Lawyers please?

 

In December 2008 I requested a CCA from Sygma Bank UK which I never received, two weeks ago I got a County Court summons from Northampton issued by Drydens about the Sygma account. I acknowledged the summons and wrote to Drydens requesting copies of the CCA and the default notice.

 

Drydens responded by sending me "A template of the default notice" it doesn't contain any of my details just lines of XXXXXXXX's, I never received a default notice from Sygma on the date stated or at any other time.

 

The copy of the CCA is a copy of an application form which may or may not contain all the necessary details, I don't know because it is blurred and unreadable, even with a magnifying glass.

 

Any help is greatly appreciated.

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Could I ask for some help in dealing with Drydens Lawyers please?

 

In December 2008 I requested a CCA from Sygma Bank UK which I never received, two weeks ago I got a County Court summons from Northampton issued by Drydens about the Sygma account. I acknowledged the summons and wrote to Drydens requesting copies of the CCA and the default notice.

 

Drydens responded by sending me "A template of the default notice" it doesn't contain any of my details just lines of XXXXXXXX's, I never received a default notice from Sygma on the date stated or at any other time.

 

The copy of the CCA is a copy of an application form which may or may not contain all the necessary details, I don't know because it is blurred and unreadable, even with a magnifying glass.

 

Any help is greatly appreciated.

 

Ok we'll need to see the docs you mention to comment...

 

Firstly was this a credit card or account? Have you stated you'll defend the full claim?

 

Can you then post up a scanned copy of the CCA and the "default notice" removing any personal information first.

 

S.

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Ok we'll need to see the docs you mention to comment...

 

Firstly was this a credit card or account? Have you stated you'll defend the full claim?

 

Can you then post up a scanned copy of the CCA and the "default notice" removing any personal information first.

 

S.

 

Thanks very much, it was a credit card and I stated I would defend the full claim.

 

I have a computer savvy neighbour coming round soon to scan and put the documents online for me.

 

Thanks again. :)

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OK here are the links:

 

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

The CCA, the corner folds are how it arrived.

 

http://i645.photobucket.com/albums/uu180/stleonards_2009/default1.jpg

Default notice page 1.

 

http://i645.photobucket.com/albums/uu180/stleonards_2009/default2.jpg

Default notice page 2.

 

Thanks again for your time.

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When exactly were you served with the summons? You only have 28 days from service within which to file a defence

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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When do they say that they sent the DN? - We need to know what the dates on it are?

 

Can you also post a copy of the particulars of claim

 

Is the claim for more/less than £5k

 

Do you know how the sum they've claimed has been calculated - does it include any default charges?

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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When was the card taken out? roughly!

 

Who are creation financial? Are they whom Sygma bank partnered in the credit card?

 

 

The CCA looks like it contains the prescribed terms but its small and I struggle to read text that small.

 

The default notice has issues... 1) If its not the original creditor then the original creditors name and address must show on the default notice.

2) There is a prescribed block of text missing from the default notice advising you that an OFT leaflet should have been sent alongside the default notice. 3) If they cant give a copy of the original who is to say when it was sent and if you had the required 14 days to rectify after service.

 

S.

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***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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When exactly were you served with the summons? You only have 28 days from service within which to file a defence

 

It was issued against me on 1st July, I received it on 3rd July.

 

Thanks.

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When do they say that they sent the DN? - We need to know what the dates on it are?

 

Can you also post a copy of the particulars of claim

 

Is the claim for more/less than £5k

 

Do you know how the sum they've claimed has been calculated - does it include any default charges?

 

I don't know when they say they sent the DN, I never received one.

 

The claim is for just over £1000, it was originally about £870

 

We are scanning the particulars of claim now to put online now, should I leave all the figures in?

 

Thanks.

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When was the card taken out? roughly!

 

Who are creation financial? Are they whom Sygma bank partnered in the credit card?

 

 

The CCA looks like it contains the prescribed terms but its small and I struggle to read text that small.

 

The default notice has issues... 1) If its not the original creditor then the original creditors name and address must show on the default notice.

2) There is a prescribed block of text missing from the default notice advising you that an OFT leaflet should have been sent alongside the default notice. 3) If they cant give a copy of the original who is to say when it was sent and if you had the required 14 days to rectify after service.

 

S.

 

The card was taken out in 2004.

 

I do not have a clue who Creation Financial are, that is what Drydens sent me as my DN.

 

I cannot read the CCA even magnified.

 

Thanks again.

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The card was taken out in 2004.

I do not have a clue who Creation Financial are, that is what Drydens sent me as my DN.

 

Ok well it sounds like Sygma who create partner cards with other firms like flybe, jjb sports etc sold the debt on to creation financial perhaps???

 

Have you looked at your credit file at all, if so, who does it say owns the balance on the account?

 

I cannot read the CCA even magnified.

Thats good, tends to indicate only a microfiche copy of the original exists.

 

Sorry to ask so many questions but the more information we get the better to defend.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

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***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Ok well it sounds like Sygma who create partner cards with other firms like flybe, jjb sports etc sold the debt on to creation financial perhaps???

 

Have you looked at your credit file at all, if so, who does it say owns the balance on the account?

 

Thats good, tends to indicate only a microfiche copy of the original exists.

 

Sorry to ask so many questions but the more information we get the better to defend.

 

S.

 

OK, I have just looked at my credit file and it says that the balance on the account is owned by Sygma Bank UK and is not in default but states 4 payments late.

 

Thanks again for all your help.

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Hi,

 

We need to see who is taking you to court... the POC's you said you were going to upload. What exactly did the letter that came with the Default Notice template say (This is an example default notice from another firm but of the same layout as you would have received?)

 

As I see it presently.

 

1) Sygma issued cc, application looks to have prescribed terms but they are small and looks to be a microfiche copy.

 

2) No Default received, Drydens have sent a copy/template Default which looks to be from another firm of CC provider.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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I will upload the POC's asap, the letter said:

 

"Please find attached:

 

A template of the default notice sent to you on 11 December 2008. Please note our client does not retain copies of specific notices, however, records are maintained as to when these have been produced and sent"

 

Thanks again.

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Ok couple of points...

 

This was for a JJB card, Creation Financials handle the cards for JJB apparently, how that links in with Sygma I have no idea...

 

It "looks" like they are claiming post judgement interest, as per the POCS "continuing until judgment or payment"

If this is the case then they needed to have added a warning on either the default notice or the termination notice as I understand it.....

 

This is from the CCA2006 amendments to the CCA1974 Act...

130A Interest payable on judgment debts etc.

(1) If the creditor or owner under a regulated agreement wants to be able

to recover from the debtor or hirer post-judgment interest in connection

with a sum that is required to be paid under a judgment given in

relation to the agreement (the ‘judgment sum’), he—

(a) after the giving of that judgment, shall give the debtor or hirer

a notice under this section (the ‘first required notice’); and

(b) after the giving of the first required notice, shall give the debtor

or hirer further notices under this section at intervals of not

more than six months.

(2) The debtor or hirer shall have no liability to pay post-judgment interest

in connection with the judgment sum to the extent that the interest is

calculated by reference to a period occurring before the day on which

he is given the first required notice.

(3) If the creditor or owner fails to give the debtor or hirer a notice under

this section within the period of six months beginning with the day

after the day on which such a notice was last given to the debtor or

hirer, the debtor or hirer shall have no liability to pay post-judgment

interest in connection with the judgment sum to the extent that the

interest is calculated by reference to the whole or to a part of the period

which—

Consumer Credit Act 2006 (c. 14) 13

(a) begins immediately after the end of that period of six months;

and

(b) ends at the end of the day on which the notice is given to the

debtor or hirer.

(4) The debtor or hirer shall have no liability to pay any sum in connection

with the preparation or the giving to him of a notice under this section.

(5) A notice under this section may be incorporated in a statement or other

notice which the creditor or owner gives the debtor or hirer in relation

to the agreement by virtue of another provision of this Act.

(6) Regulations may make provision about the form and content of notices

under this section.

(7) This section does not apply in relation to post-judgment interest which

is required to be paid by virtue of any of the following—

(a) section 4 of the Administration of Justice (Scotland) Act 1972;

(b) Article 127 of the Judgments Enforcement (Northern Ireland)

Order 1981;

© section 74 of the County Courts Act 1984.

(8) This section does not apply in relation to a non-commercial agreement

or to a small agreement.

(9) In this section ‘post-judgment interest’ means interest to the extent

calculated by reference to a period occurring after the giving of the

judgment under which the judgment sum is required to be paid.”

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Thank you for that. Would anyone have an idea of what I could file as my defense? My husband is in hospital and I am more than panicking at the moment, I have to file my defense today..

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I'm afraid I dont really have the experience or confidence to give you the defence, might be an idea to click on the red triangle for the site team and request urgent help.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Ok, are you going to submit your defence online ?

 

Date of issue = 1st July + 5 days for service + 14 to acknowledge + 14 to submit = 33 days from 1st July. I think that takes you to the 2nd August, which is a Sunday, however, if you submit online then you still have a another day at least.

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site team are aware. I have also put out an S.O.S for someone with legal knowledge to pop in .

 

Thank you andy:D

Edited by citizenB

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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

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