County Court Claim Form Sigma

[AndyOrch]

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?

 

 

In a word no MM infact it is positively encouraged by the Court throughout the litigation process.

 

Regards

 

Andy

[marshmallows]

In a word no MM infact it is positively encouraged by the Court throughout the litigation process.

 

Regards

 

Andy

 

 

Many thanks

 

So in all honesty what is the best approach to take now Andy.

 

People at home have suggested that I enter into the repayment plan to save a CCJ and also to take the stress off me but I am not quite sure they are not trying to pull a fast one.

[AndyOrch]

If the repayment plan equates to the true debt value then yes you win all round, if not and includes unfair charges and interest then its your decision to continue.

Once a defence is entered and discounts are thrown about its a sure bet they are on the back foot and their claim is relatively weak.

 

Regards

 

Andy

[citizenB]

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?

 

No, they are not breaking the law by trying to settle out of court. The Courts actively encourage this in order to save time and costs.

 

Have a read of the link below.. the first is a claim that was made against RBS, I think and a letter was written to the bank.. I am sure that you will find something in this letter that you can use in yours.

 

http://www.consumeractiongroup.co.uk/forum/content.php?829-Charges-successfuly-reclaimed-from-RBS-last-year

 

the link below is for all the BCOBs articles from which the letter above has been taken.

 

http://www.consumeractiongroup.co.uk/forum/content.php?849-BCOBS-Round-up-Making-your-bank-treat-you-failry

[SkemDosser]

This isn't a straight forward offer to settle out of court though is it. I understand it as an offer to enter a repayment plan to pay back a balance not mentioned anywhere in the POC. I also understand that a stay- not even a discontinuance- is offered on condition of entering a repayment plan. To my mind this is an underhand way to get you to commit to a debt that isn't part of their claim- remember this claim is only for interest accrued on an account they have purchased from someone else. Nowhere however, have they indicated how much the full alleged debt is, its nature [O/D? Credit Card? Loan?], proven that you owe them that debt, or proven they have a right to legally pursue you for that alleged debt.

 

I think these offers of a repayment plan are not conventional 'out of court' settlements at all and an abuse of process. Just my personal opinion of course. It's also my opinion- in the case of these claims- to enter into such a repayment plan when they have hardly any grounds to pursue you through the court system in the first place- and you can easily scupper them through careful procedure- is daft. There's one for the mix lol

Edited July 31, 2012 by SkemDosser

[AndyOrch]

You could agree a F&FS in connection with the account number plead, assuming you owe the debt.

 

Andy

[marshmallows]

Right guys

 

Never heard back ref the claim for the overdraft, where they sent me some form of old statements and offered a repayment plan and have not heard about the claim for which I sent a defence for early August (which I never even got a response to my CPR requests).

 

What is the next step? Should I apply for strike out (what exactly does strike out mean, does it mean the claim will never see the light of day again?) or do I chase it up with them, or just leave it?

 

advice greatly received!!

 

Thank you

[marshmallows]

Just a polit little bump:-)

[SkemDosser]

Hi marshmallows seems like a great silence has emerged from Sigma/HL over all this as we thought it would. Most of their claims appear to have been stayed. Personally I had a bit more of a result as they discontinued my claim at the end of August- my thread is here http://www.consumeractiongroup.co.uk/forum/showthread.php?365255-HL-Sigma-Claim-Discontinued-Wasted-Costs-Order-Skem-s-Story&p=3979967#post3979967

 

It was largely unexpected and I had been prepared to have to go for a strike out, but now I'm going for costs instead Persoanlly I think a strike out is the way to go- if you've received nothing from your CPR requests and with the claim being on such dodgy ground to start with, I reckon if you can't achieve a strike out under them circumstances, you never can. And of course if you get costs it reduces HL's profit margin which cannot be a bad thing Hope someone else is along with their take soon.

[DonkeyB]

Most of their claims appear to have been stayed.

 

Most of their claims would have been won by default or paid, because claim forms scare people.

 

However, the majority of people who defend will find the case is stayed.

[affirmation]

What was the result of this? Did you get it struck out?

[marshmallows]

I have just posted in the other thread. I shall be applyong for a strike out but I am leaving it a little while first, so there is more chance of the court obliging.

[marshmallows]

I have just seen that affirmation has received his AQ. Am I to assume that I have one coming through the post soon:???:

[marshmallows]

I have checked my Credit file and these are listed as a default, with the creditor being Sigma Red. This is annoying me to be honest as these guys obviously feel they have no grounds to proceed? yet it is destroying my credit file and chances to switch mortgage.

 

I still have no idea what the second claim was for and I question the 1st one for a supposed overdraft (I have never had an overdraft I asked but the bank rejected it).

 

Should I sit tighter for a bit longer or now consider strike out, especially on the claim where they never responded to CPR??

 

Thanks in advance

[citizenB]

Have you received AQs for these claims, MM ?

 

You might want to telephone Northampton and ask what the status of the claims is at this present time.

 

Once you have established that they are stayed, or have been sent to local courts, then you could perhaps consider a strike out.

[marshmallows]

thanks ofr the reply citizen. i have heard nothing from the court. No AQs or anything. I should possibly ring the courts but I am assuming they have been stayed.

[citizenB]

Probably best not to "assume" anything marshmallows.

 

Confirm that they are stayed, then we can make a decision from there.

[marshmallows]

I have just spoken to a lady at the court

 

Claim 1 was stayed beginning August last year and claim 2 not long after .

 

The lady said they should have responded to defence in 33 days and if they wanted to reapply it would need to go to a district judge. She said that i could get legal advice about what to do next.

[citizenB]

Yes, when a case is stayed, either side can apply to the court to have the stay lifted. It costs £80.00 with a hearing and £40.00 without.

 

In your case you would be asking for the case to be struck out and they would be asking for it to be reopened to proceed.

[marshmallows]

So in your guys honest opinion, would I be better to just let it be stayed, or go for strike out and risk them applying to proceed?

[citizenB]

If you apply to strike out - you will need to be ready to defend.

[marshmallows]

I thought as much. I really am torn as to what to do. The supposed debt is 5 years old and on my credit file says it was for a loan but I have never had a loan with HSBC. I had a credit card but never a loan.

 

The problem is debts get passed around to that many different companies I am not sure what is what anymore.

[marshmallows]

I have just had a look on my credit file and this account says "last updated ** May 2013". Is it Sigma that are updating it?

 

Seems strange they will not reply to request for documents proving evidence of this "loan", yet they keep updating my credit file?

[citizenB]

I have just had a look on my credit file and this account says "last updated ** May 2013". Is it Sigma that are updating it?

 

Seems strange they will not reply to request for documents proving evidence of this "loan", yet they keep updating my credit file?

 

It should say who is making the updates marshmallow.

[marshmallows]

It should say who is making the updates marshmallow.

 

 

Just seems to say the date in a blue box.