County Court Claim Form Sigma

[AndyOrch]

A tad but if its helps use your new style of signiture that is easily recognisable, different slant, dot, line through ,Im sure you get the idea:wink:

[marshmallows]

I shall be sending as a PDF attachment this morning. Just a quick question. Do the POC need to copied on the same document as the defence please?

[AndyOrch]

No defence only, I would send as a word doc.

 

Andy

[marshmallows]

Oh dear, my work scanner, scans in PDF:x

 

If i send a word doc, my signature will not be on it?

[AndyOrch]

You can always post both and send an hard copy by post.

[marshmallows]

This gets better. Today I have received another summonds for a different agreement and a different amount and once again a claimant Sigma and once again another split claim.

 

I assume I should go through the CPR 18 nad CPR 31 for this aswell?

[marshmallows]

Thinking about this I am really mad.

 

They have sent me this further summons but could not even manage to send any agreement or evidence for the first summons they sent me, when requested.. They are really taking the urine.

 

If they could be bothered to send me an agreement and breakdown of what they reckon I owe them.......I would come to some kind of arrangement with them!

[DonkeyB]

CPR 31. Groundhog day.

[marshmallows]

Grrrrrrrrrrr.

 

Why do these people not send all the docs recorded delivery prior to making the court claim?

 

That way they have proven from the word go that the money is due!!

 

Why would anyone pay some random company money, just because they were told to??!!!

[marshmallows]

I have tried to do the AOS on MCOL for my new summons and it is not recognising the password or case number. Would I be best to just ring the court?

[citizenB]

I have tried to do the AOS on MCOL for my new summons and it is not recognising the password or case number. Would I be best to just ring the court?

 

 

Yes, ring the court first thing in the morning and ask for assistance.

 

I suggest you find out the start time.. I think it is 8.30am and be first in the queue..

[marshmallows]

Right guys I have not heard anything back regarding the first claim since submitting my defence.

 

I have started to really panic though.

 

I was going to chase CPR letters (as my letters said i would) but as i have submitted my defence (did not realise how it worked, so my cock up) they are under no obligation and I assume this will work against me in the long run?

 

I do not want to make this mistake with the second claim!

 

So I AOS today and will get CPR sent recorded delivery tomorrow morning. Then assuming they do not resopond I should request again prior to sending defence?

[citizenB]

Yes, you should chase up the CPR letter prior to submitting a defence. (assuming of course there is time) At that point you can then decide if you want to request an extension of time, either by CPR 15.5 or even an application to the court.

 

You can agree between you, up to a further 28 days in order for them to provide the paperwork to support their claim, but you can only request documents that are mentioned in their PoC. For information, you will need to use CPR part 18.

 

All information in pdf below.

 

 

legal issues-compilation.pdf

[sillygirl1]

As they should have this paperwork PRIOR to submitting a court claim I think an application to the court to strike the claim out due to non -production of documentation, mentioning that this documentation should have been sent WITH the court claim, should be the way forward.

 

Too many of these companies are relying on the fact that people are generally ignorant of the pre court protocls in place and hope to get judgement by default in 99 cases out of 100 - sites like this bring the ratio nearer to 40 cases being contested... at least IMHO.

[SkemDosser]

Grrrrrrrrrrr.

 

Why do these people not send all the docs recorded delivery prior to making the court claim?

 

That way they have proven from the word go that the money is due!!

 

Why would anyone pay some random company money, just because they were told to??!!!

 

Because these people prefer to work in the shadow world of fear and ignorance marshmallows. That way more often than not they get a result than doing it the 'legit' way. Even though I am pretty well informed and have the support of forums like these, I still get a jolt of anxiety when legal action is mentioned in letters and of course if a claim- even a dodgy one like these are- does actually ever arrive. I'm sure every normal person does. But imagine how someone feels if they don't have any of the knowledge and support we have backing them up: thats the world the DCA's [and these days the entire financial industry it appears] would prefer to live in.

 

I think Sillygirlis spot on with this. If proper CPR/response to your defence is not forthcoming after you've pursued and completed all reasonable channels, don't muck about any more and go for a strikeout. At all times maintain the initiative, NEVER allow the claimant to stall and regain some ground. They'll try to, but there'll be no substance to their efforts. So do not hesitate to stick the boot in.

[sillygirl1]

This is why I also say acknowledge the claim as soon as possible and get the defence in as soon as possible, this now puts them in a tizz.... I am not a fan of leaving legal things til the last minute.

[marshmallows]

This is why I also say acknowledge the claim as soon as possible and get the defence in as soon as possible, this now puts them in a tizz.... I am not a fan of leaving legal things til the last minute.

 

Thanks Silly girl (and all you other guys)

 

 

Have I not put myself in a bad position though, where I sent CPR, expressed I would seek compliance, did not seek compliance and just submitted the defence anyway. I do not think this will be looked to favourably on by a judge.

[SkemDosser]

Strategically it would have been better to exhaust the CPR route before submitting a defence, but personally [others may disagree of course] I wouldn't lose much sleep over it in this particualr case. I would put money on non of these claims ever getting in front of a judge, so 'compliance' issues of the CPR are a non-worry IMHO. Anyway having the defence in early in a dodgy case like this has it's advantages as well, focussing the mind of the claimant early on in the proceedings, so a silver lining for you might be that they wind your case up before they do so for the rest of us:-)

[citizenB]

As skemdosser has said, dont lose any sleep over it.

 

Did you mention the lack of information in your defence ?

[marshmallows]

Thanks Citizen This is my 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.

 

 

It does say that no agreementhas been disclosed, although it does not mention failure to respond to CPR, although the good man Adnyorch said that it was not required

[marshmallows]

Right guys.

 

They have sent me some old bank statements for the first claim.

 

The total amount owing is 343.50

 

The debt was originally £73 which occured from HSBC letting me go overdrawn when I did not have an overdraught. The remainder is charges and interest for going overdrawn and interest on the owed fees etc.

 

 

They have said they will put the claim aside of I enter a repayment plan.

 

I am hopping mad I never had a flipping overdraft yet they let me go overdrawn and kept whamming fees on.

[sillygirl1]

I would now write back and state that you are still not satisfied and wish this to be heard in front of a judge, and get their letter to the court explaining that it clearly shows abuse of court processes in getting you to admit to an alleged debt to avoid court proceedings - a big no-no.

[marshmallows]

I would now write back and state that you are still not satisfied and wish this to be heard in front of a judge, and get their letter to the court explaining that it clearly shows abuse of court processes in getting you to admit to an alleged debt to avoid court proceedings - a big no-no.

 

 

Is there any specific jargon I should use in the letter, any particular type of correspondance i should send?

[knet2020]

They have said they will put the claim aside of I enter a repayment plan..

 

Strange that, I got the same 'offer' for a good idea read this: http://www.consumeractiongroup.co.uk/forum/showthread.php?347358-Sigma-red-spv&p=3915049&viewfull=1#post3915049

[marshmallows]

Right I m about to write the letter back to them, any tips at all on what to include also what do I say to the court about their letter?

 

Are they breaking the law trying to settle out of court?