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    • The important thing to know is that MET - although they will send you threat after threat about how they will divert a drone from Ukraine and make it fall on your home - hardly ever do court. Even in the very small number of cases where they send court papers, if the Cagger defends, they drop the matter before the hearing.  They have no real intention of putting their rubbish claim before a judge.  The aim is to find motorists who are terrified of the idea of going to court and who will give in when the court papers arrive. Thanks for doing the sticky and well done on finding F18's thread.  Do what they did.  On the first page - I think post 19 - there is the address of the CEO of BP.  Write to them, lay it on thick about being genuine customers in the various premises, mention the small kids, the very short stay time, attach any proof of purchase - and request that they get the invoice cancelled.
    • Thank you for that, I have obviously already been convicted so I think the appeal lodged is for the previous offence? Sorry if that doesn’t make sense. I suppose my only concern is that weds I go there and they don’t let a stat dec happen. If they do then as you say and solicitor says it’s highly likely I’ll be happy with the outcome. But I’m being told there’s no guarantee for the stat dec to be hard Weds as that’s not what the hearing is proposed for. Solicitor has stated that you can put a stat dec before a magistrates at any time so it shouldn’t be a problem.   
    • I re-read the extract from your  solicitor's letter this morning and think I might understand what they have in mind. I believe (and it’s only a guess) their strategy is this: 1.    You will make your SD 2.    You will enter fresh pleas to the four charges (not guilty) but will offer to plead guilty to speeding on the understanding that the FtP charges are dropped. 3.    If this is accepted they will attempt to argue that the two offences were committed “on the same occasion” 4.    You will be sentenced for those two offences (the sentence depending on whether the “same occasion” argument succeeds). They also have a plan in the event that your offer at (2) is unsuccessful and you are convicted again of the 2xFtP charges (and so face disqualification under “totting up”): 5.    They will make an “exceptional hardship” argument to avoid a ban. 6.    If that is unsuccessful they have already lodged an appeal in the Crown Court against that decision. (This is the only “appeal” I can think of). 7.    They plan to ask the court to suspend your ban pending that appeal. If I’m correct, I’m surprised the Crown Court has agreed to accept a speculative appeal (against something that hasn’t happened). The solicitor says this is to lodge it within the normal timescales. But you will have 21 days from the date of your conviction (which will be next Wednesday) to lodge an appeal with the Crown Court, so there is no need for a speculative appeal. I have to say that an application to have your ban suspended pending an appeal is unlikely to succeed. The Magistrates Court is unlikely to agree to it for one very good reason: if they make such an order (suspending your ban until your appeal is heard), all you need to do is not to pursue the appeal and the Magistrates order suspending your ban will remain in place. Hey Presto! No ban and no need for you to trouble with an appeal. Perhaps he will ask for your ban to be suspended for (say) three months or until your appeal is heard (whichever occurs first). This potentially creates a problem because if your appeal is not heard in that time either your ban will kick in or you will have o go back to court to get the suspension extended. But the solicitor obviously knows more about these things than I do. I would want to be very clear about this solicitor’s fees and what he proposes to charge you for. As I said, there is absolutely no need to lodge an appeal with the Crown Court. That can be done if and when it becomes required. But I am still firmly of the opinion that it is overwhelmingly likely that you will not need to progress beyond point 2 above. Point 3 is optional and I don’t know whether he solicitor has made It clear to you that the only thing you will avoid in the event of success is three penalty points. You will still be fined for the second offence and your driving record will still be endorsed with the details, but no penalty points will be imposed. Do let us know how it goes.  
    • I'm really trying, but worst case I can't find what are my options?
    • John Lewis' Privacy Notice states that their CCTV Systems does not use facial recognition or collect biometric data - so I assume it should be fine?    Thank you a lot for your reply. I've scheduled my first therapy session ne t week. Really the time to turn my life around..
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County Court Claim Form Sigma


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Bringing it from page 1 to page 4 for easy reference because your defence is imminent:-D

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Well I have had a look at BH's defence as it seems we both have the same POC and both our CPR requests have been ignored.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?353605-Sigma-SPV-1-(HSBC)-v-myself&p=3895052&viewfull=1#post3895052

 

I have asked BH whether I might base my defence around his as it looks very good.

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Hi MM

 

If you bear with me and not rush this as we do have time to draft a far shorter and more suitable defence for you and BH to submit.

 

Regards

 

Andy

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Ignoring CPR on the back of a split claim... anyone seeing a trend here?

 

Yes, I suspect lots will start getting letters advising of the power of the claimaint to 'stay' the claim (subect to a repayment agreement)

thank you to all knowledgeable people on this site who give their time freely to help

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Here is a proposed defence MM should you wish to use it.

 

 

"Part only of monies due under regulated Credit Agreement no. XX between HSBC and the defendant, the benefit of which was assigned to the claimant on 21/12/11.

 

The Agreement was terminated upon the defendant’s failure to comply with the terms of the agreement and or the statutory notice of default served by HSBC Bank plc.

 

The claimant seeks interest pursuant to section 69 of the CCA 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.07"

 

DEFENCE

 

1. Paragraph 1 is nether admitted or denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement. Furthermore any claim for partial monies is averred Contrary to s35 of the county court Act 1984 s35 Division of causes of action.

 

2. Paragraph 2 is noted with regards to termination of the alleged contractual Agreement , the Defendant has no knowledge, therefore the Claimant is placed to strict proof there of.

 

3. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Regards

 

Andy

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Remember, you are effectively dealing with HL Legal - Sigma is owned by the same people. They bark a lot but have a only gums to bite with. A debt buyer with its own solicitor - reminds me of HFO.

 

A complaint to the SRA about their split claims to reduce costs is a must.

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Many many thanks Andy.

 

I assume there is no need for me to mention the failure to respond to my CPR requests.

 

Will i be able to fax this defence as it is not looking good for MCOL (can not use the phone as boss is in) and it needs to be in by the 9th (Monday)

 

Thanks again Andy and everyone else, you are gems!!

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No need that's consequential you only refute what they plead.CPR etc comes at AQ.Check with Northampton either MCOL if OK or email/fax.

 

Regards

 

Andy

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Allocation Questionairre - it is a document sent out prior to the hearing - just a few questions regarding time to be allocated, any further information that might need to be considered. A kind of case management document to make life easier for the Judge

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Just a quick one, aq, what does it mean please.

 

AQ= Allocation Questionnaire

 

MM it made be advantageous to read the new Sticky .... The Process of Litigation http://www.consumeractiongroup.co.uk/forum/showthread.php?356814-The-Process-of-Litigation-Court-Claims(5-Viewing)-nbsp

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Hi Guys

 

I have just spoken to a lady at the court who has recommended that in light of the issues I have been having with MCOL to email my defence. She provided me with the relevant email address.

 

I assume that all I need to add is my name and claim reference to the email and to send the defence as a word document attached to the email.

 

Thanks as always.

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You will need to add an header and SoT MM if by Email.

 

Andy

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In the ......... county court

Claim No. ...

 

 

 

 

 

 

Dated ……… 20…

 

 

Claimant XXXXXXXXXX

 

and

 

Defendant XXXXXXXXXX

 

 

Then Defence

 

 

Then finish

 

Statement of Truth

 

I believe that the facts stated in this Defence are true.

 

Signature

 

Dated

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Actually sorry to be the ongoing pain in the proverbial but if I sign the SOT, scan it and fax it, I assume the claimant will be sent a copy. This will then mean they could use my signature to falsify documents (or am I being overly paranoid?)

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