County Court Claim Form Sigma

[marshmallows]

Good Afternoon Everyone

 

I have had a look on your wonderful boards and there are threads realting to my issue but I am finding all the jargon hard to understand.

 

I have received a claim form with the claimant being SigmaSPV1

 

The particulars of Claim State:

 

"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 defence failure to comply with the terms of the agreement and or the statutory notice of default served by HSBC Bank plc.

 

The claimant seeks interesticon 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"

 

I honestly do not know what the next step is. I am not prepared to just pay it as I have no idea who they are and what this debt is from (loan, overdaft, credit card) I certainly do not recall receiving correspondance from Sigma.

 

What shoudl i do?

 

Do I need to go on MCOL and acknowledge?

 

Then what?.... do i dispute it and ask Sigma for credit agreements and any other documents required?

 

Do I have time to get this information.

 

If I losse my defence will it cost me more?

 

I honestly do not know what the next step is

 

I hope someone will help. I would be very grateful. It seems Sigma have got a big batch of claims going through relating to HSBC.

 

Thanks in Advance

[sillygirl1]

This is a split claim, look up the threads on this and you will see what the next step is - already had a few defences on this company on this forum.

 

Acknowledge the claim online today and say you deny their claim, you are going to defend the entire claim.

[marshmallows]

Thank you, this is quite daunting and very scary.

[sillygirl1]

That is what they want you to think, those particulars are very bald, do not disclose any reason for the claim and at the end of the day this lot are the ones who are going to have to keep forking out £100 or so if they want the claim to continue in court.

 

I will flag the post up for the site team for one of the legal bods to have a look.

[marshmallows]

Many thanks . my main worry is that I could end up paying all their court fees

[marshmallows]

I have done the acknowledgement on Moneyclaim. What is the next step please?

[sillygirl1]

The site team are aware of this thread and one of the more experienced legal helpers will be along soon.

 

Sit back and relax and people will be along to help with the defence.

[marshmallows]

Thank you so much Sillygirl, I feel better already. What a wonderful site.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?350237-Sigma-red-spv-Court-Claim&p=3862067#post3862067

 

Have a read of the thread in the link above - it is a split claim the same as yours. Any other questions, just ask.

 

HTH

[citizenB]

Can you let me know the date of issue of the claim - you will find this in the top right hand corner of the claim form.

 

On what date did you acknowledge the claim.

[marshmallows]

Many thanks Citizen.

 

The date is 6th june and i acknowledged yesterday online.

[citizenB]

Ok,

 

your timeline is. .

 

Date of issue - 6th June + 5 days for service is 11th June + 14 to acknwledge - 25th June + 14 to submit defence = 9th July.

 

You acknowledged service early ??

[citizenB]

If you follow pretty much the route that factor59 has taken, then I think you will be on the right track.

 

Post up your draft defence here before going any further in order that we can make any adjustments to suit your situation.

 

Meanwhile, you could attempt to collect as much information by sending off the CPR31.14 - have a read of the following you will find a link to the CPR request.

 

legal issues-compilation.pdf

[marshmallows]

Many thanks citizen.

 

I attempted to click the link but it said "server not found"

 

I have had a look on the site but can not find any letter templates, are there any on site please.

 

Many thanks for your continued assistance.

[sillygirl1]

I am all in favour of acknowleding early and having a defence filed early, makes the other side panic instead.... they issue these claims at minimal cost (I think it should be at least £150 for a commercial organisation to issue a claim) and then try and confuse the courts as to its validity.

[citizenB]

Many thanks citizen.

 

I attempted to click the link but it said "server not found"

 

I have had a look on the site but can not find any letter templates, are there any on site please.

 

Many thanks for your continued assistance.

 

Hmm, yes, I think the link must have corrupted somehow..

 

anyway, the CPR31.14 request is in the first post of the link below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

 

 

Template letters are in the Library -

 

http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

[marshmallows]

I shall send this letter recorded delivery today.

 

What is a CCA request, i the same as what I am sending?

 

Also what is the "assignment" which I am asking for?

 

I am a bit worried that if I do owe this money (although i honestly do not know what it is for, or how much the full balance is) what will happen then?

 

Many thanks.

[sillygirl1]

It is too late to send a CCA Request, before you do the letters can you say when the last payment was made on this account? It might be that it is close to being statute barred.

 

Don't fall into the trap of a lengthy 'legally loaded' defence when a straightforward one will do, it is a split claim, end of.

[marshmallows]

The thing is silly girl i do not have a clue what it is for. Is it an old credit card, overdraft. I genuinley do not know when the last payment was made.

 

I assume that a split claim possibly might not stand up in court?

 

Many thanks

[sillygirl1]

A split claim WILL stand up in court, you don't need the legal jargon for that, you are a litigant in person with no call on qualified legal help so a short defence is acceptable. I would do one as follows....

 

I xxx am a litigant in person without recourse to qualified legal help.

 

This claim is for PART MONIES allegedly owing on an account with X bank, therefore it is a split claim and should be dismissed without merit. Therefore I cannot reconcile their claim for interest nor ascertain any liability for the undisclosed amount they deem I owek.

 

I have not made any payments on this alleged account for a considerable amount of time and have sent a CPR request to the claimant for further information. Should this information not be provided in the prescribed time I am not minded to allow them time to get this information from their client, they should have this in the first place before wasting the courts time.

 

It is also possible that this claim is Statute barred under the Limitations Act.

 

This is a statement of truth by xxxx

 

That is all you really need do, all this long winded legal stuff is (as I keep saying) not needed when the company have provided such bald particulars of claim, not disclosed any amount owing and are pulling a fast one.

I think any court would welcome that defence, and

[marshmallows]

Many thanks again.

 

My CPR letter is now ready to send to HL Legal

 

I wonder why they have done a massive bulk load of these split claims? They must have some reason for it?

[sillygirl1]

They may have picked up some bright young spark who wants to make their mark, without realising this loophole has already been closed.

 

Bryan Carter is one company which likes to produce these - they think that because people have received a court claim they are not going to defend (not realising how easy it actually is) and not want to turn up at court, so they get judgement by default (which IMHO should be scrapped).

[marshmallows]

Interesting.

 

Thank you Silly girl

 

does that mean if i win my defence, they will then persue a claim forthe full amount?

[sillygirl1]

They would be silly if they did, the CPR would provide you with the ammunition to do a fuller defence for the second claim, cross referencing the first claim - the particulars of any second claim are unlikely to be substantially different from the first claim and just as likely to give the company a headache in return.

[marshmallows]

They may have picked up some bright young spark who wants to make their mark, without realising this loophole has already been closed.

 

Bryan Carter is one company which likes to produce these - they think that because people have received a court claim they are not going to defend (not realising how easy it actually is) and not want to turn up at court, so they get judgement by default (which IMHO should be scrapped).

 

I am so sorry if I sound a bit thick Sillygirl but why would they not just make a claim for the full amount? or do they have to pay more, the higher the amount is?

 

From other threads it seems the split claim is always for around a bout the same money; approx 300 quid.