County Court Claim Form Sigma

[AndyOrch]

What exactly is the split Marsh?

 

Andy

[marshmallows]

Hi Andy

 

I do not know it does not say on the claim form, how would I find out please?

[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?

[marshmallows]

I did indeed have a bank account with HSBC, which did have an overdraft. I swapped banks, so there might have been some money on the overdraft, although i do not reacll HSBC saying there was.

[AndyOrch]

Have you retained any paperwork/ statements?

[marshmallows]

Unfortunately not, it was about 5 years ago and was an online account, so i never got any paper statements etc and now my online log on will have been long closed.

[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

[marshmallows]

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

[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

[marshmallows]

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?

 

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 if the Facility 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

[sillygirl1]

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.

[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

[marshmallows]

now my CPR 18 reads:

 

 

 

To: Sigma SPV

 

Please furnish me with the following documents/ information:

 

 

1. . A copy if the Credit Facility arrangement 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.

 

 

 

 

I shall send both in seperate envelopes, recorded delivery this evening.

 

Once again many thanks for your continued help. It is great there are knowledgable people on hand, brilliant site.

Edited June 11, 2012 by Andyorch
Addition

[AndyOrch]

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

 

Andy

[marshmallows]

I acknowledged yesterday via money claim, so it will show as acknowledged today, should I request within 7 days?

[AndyOrch]

9th July, no should be suffice.

 

Andy

[marshmallows]

Excellent I have dated both letters with todays date and i shall await their reply.

 

I am sending the CPR 31.14 to HL legal and not Sigma, I assume same applies with CPR 18?

 

Thanks

[AndyOrch]

They go to the Sols named on the summons.

[marshmallows]

Well that is the CPR 18 and 31.14 sent.

 

I am a bit concerned that even though i acknowledged via MCOL, i have not had any form of email confirmation and when i log back on MCOL, there are no records there either, is this usual?

 

Many thanks.

[citizenB]

If you are concerned - telephone the number on the claim form and ask if the acknowledgment was accepted.

 

You could/should have printed off a receipt at the time you acknowledged.

 

You acknowledged early so if there is a problem, at least you have sufficient time to rectify it

[bh2362]

hi im in the same boat with Sigma got a claim form today almost a similar figure they are claiming 299 just under.

 

heres my thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?353605-Sigma-SPV-1-%28HSBC%29-v-myself&p=3866428&posted=1#post3866428

[marshmallows]

Well my requests have been received, so I guess I hang fire now and await for a response.

 

It is giving me sleepless nights all this. My main worry is that if they return the documents requested it will be ruled in their favour and cost me more.

[citizenB]

Well my requests have been received, so I guess I hang fire now and await for a response.

 

It is giving me sleepless nights all this. My main worry is that if they return the documents requested it will be ruled in their favour and cost me more.

 

As long as they respond before you need to submit a defence, you can still come to an arrangement with them.

 

 

It is purely your choice whether you admit the debt or defend.

[sillygirl1]

Stop worrying, if they return the documents they are the ones in trouble, not you, and stop worrying about costs, there has been nothing about costs in either of their Particulars of Claim or in your defence, so there should be nothing to worry about there.

 

This claim is actually for their legal costs - hence it is only for PART MONIES and therefore a SPLIT CLAIM which is nn abuse of court process.

 

They are in the wrong, not you - and if you decide to pay them this money then you have wasted your time posting on this forum, as you can see other people are fighting against this injustice and you should too... morally it is your right to defend this, as well as legally.

 

If you want to be party to a bunch of sharks fleecing you then fight and stop worrying - they cannot do very much, they cannot add on costs without questions being asked and their Particulars of Claim should have been picked up by the courts before it got to this stage - but sadly they want to 'automate' the system and human intervention often does not happen until a judge sees the lack of paperwork.

 

If they were serious you would have had a pack of information with the claim form, I bet you only got the claim form with no statements or anything.

Edited June 13, 2012 by sillygirl1