County Court Claim Form Sigma

[marshmallows]

My apologies Andy (you must be finding me damned hard work)

 

but.. what do you mean bring my SOC forward?

 

sorry for asking what must be painstaking questions.

[AndyOrch]

Statement of Claim (PoC)

[marshmallows]

When you say bring it forward, what do you mean (sorry:oops:)

[AndyOrch]

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

[marshmallows]

Ahh DOH!! I shall apologise as i am a little embarassed now.

[marshmallows]

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.

[AndyOrch]

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

[marshmallows]

Thank you Andy, you are a star!

[DonkeyB]

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

[knet2020]

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)

[AndyOrch]

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

[DonkeyB]

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.

[marshmallows]

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!!

[AndyOrch]

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

[marshmallows]

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

[citizenB]

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

[AndyOrch]

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

[marshmallows]

Thanks guys will have a read!!

[DonkeyB]

AQ = excellent weapon for a clued-up litigant-in-person.

[marshmallows]

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.

[AndyOrch]

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

 

Andy

[marshmallows]

Thanks Andy. I assume there is a template in this sites library?

[AndyOrch]

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

[marshmallows]

Top Man Andy, many thanks!

 

I shall type it up print, sign, scan it at awork tomorrow and email it first thing!!

[marshmallows]

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?)