County Court Claim Form Sigma

[AndyOrch]

What exactly is the split Marsh?

 

Andy

[AndyOrch]

I would think as per the recent bunch of summons, this is an Overdraft.Do you recall an overdraft with HSBC or even Midland going further back?

[AndyOrch]

Have you retained any paperwork/ statements?

[AndyOrch]

Ok you need information to verify what's happening here.I understand you have prepared a CPR 31.14, that may only reveal the Notice of Assignment.There is no agreement on a O/D nor is there a Default Notice.You have until July to submit a defence and as a such I think a CPR 18 request may be prudent to ascertain information.I.E copies of Facility and Notice 76 (1) 98(1)recall and termination.

Statements would be beneficial to verify any unfair charges and interest with the prospect of a Part 20 counter claim but time is restricted here, as such you could also request vis a CPR 18 a breakdown to how the figure has been arrived at.

 

Regards

 

Andy

[AndyOrch]

Many thanks Andy, apologies once again for my ignorance but I assume i send the CPR18 alongside CPR 31.14?

 

 

Correct post up your draft to be checked.

 

Andy

[AndyOrch]

I found this basic CPR 18 template on another thread. Is it something along thse lines Andy? Also in my CPR31.14 I requested termination notice and default notice, shall I now omit these from 31.14? No and add Notice of Assignment and amend Default Notice to " Notice served under sections 76 (1) and 98(1)

 

My head is spinning I hope I am not coming over really stupid, apologies if I am.

IN THE XXXXXXXXX

county court CLAIM NO:

 

 

BETWEEN:

 

 

 

XXXXXXXXXX

 

 

Claimant

 

 

 

and

 

 

 

XXXXXXXXXXX

 

 

 

 

 

Defendant

 

 

 

 

_________________________ _________________________ ___________________

 

 

PART 18 REQUEST FOR FURTHER INFORMATION

 

 

_________________________ _________________________ ___________________

 

 

To: Sigma SPV

 

Please furnish me with the following documents/ information:

 

1. A copy or explanation of the Credit Facility arrangement and T&Cs and Notice 76 (1) 98(1)recall and termination

 

2. A breakdown of all figures involved in your claim and documents proving evidence of this breakdown.

 

 

 

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

Failure to respond will be followed by an application to seek your compliance.

 

Andy

[AndyOrch]

Andy, the particulars of claim are in the first post, they are after part monies, and claiming interest of 0.7p per day, without stating what the amount is.

 

This is typical behaviour from a company which knows it has a load of near statute barred debt trying to get the clock restarted buy claiming via court, I believe Aktiv tried this about a year ago and there may be others in the banking forum which have had the same.

 

Thats fine SG I have seen the SoC hence the CPR 18.

 

Andy

[AndyOrch]

Just one slight amendment above and will 14 days be time Marshmallows for your defence?

 

Andy

[AndyOrch]

9th July, no should be suffice.

 

Andy

[AndyOrch]

They go to the Sols named on the summons.

[AndyOrch]

Hi and welcome to CAG

 

If you could start your own thread on this matter so not to complicate Marshmallows.You will receive updates from this thread as you are now subscribed.

 

Regards

 

Andy

[AndyOrch]

33 days from the service date on the summons, but you can check it if you ring Northampton.

 

Andy

[AndyOrch]

Hi Marshmallows,

 

A little late now really to do anything with regards to the none compliance on CPR,s.However you use this as an advantage in your defence and still even have time to make application to force compliance re the CPR 18 (post defence) pre AQ.

 

I will be in and out of your thread as the date approaches and we can draft something suitably appropriate:wink:

 

Regards

 

Andy

[AndyOrch]

Hi MM

 

You need to check with Northampton and report the fault, what date is your defence due?

 

Regards

 

Andy

[AndyOrch]

You have not submitted a defence as yet you mean the AoS? Is there a reason its not showing the status on MCOL?

[AndyOrch]

Correct MM

 

And if there are problems submitting MCOL you need a plan B to enable that submission on time (IF submission will be hardcopy).

 

Regards

 

Andy

[AndyOrch]

Just bring your S.o.C forward MM

 

 

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 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"

[AndyOrch]

Statement of Claim (PoC)

[AndyOrch]

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

[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

[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

[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

[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

[AndyOrch]

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

 

Andy

[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