Help needed with defence, Sigma v Me

[bambinaia]

I've received a claim from Sigma worded like everyone else;-part monies, interest to be charged etc, etc.

 

I replied with my intentions to defend on the 13th June via internet courts received it on the 14th June.

 

I sent a CPR 31 request on the 20 June the solicitors received & signed for on the 22nd June. No response to date.

 

The debit I think was for a credit card which I went through the letter writing stage with the help of to name just a couple, Johnneymitch & Vint1954 under thread HSBC; Helped needed back in 2009.

 

I've read through all the other Sigma threads but I'm not sure (because I'm totally confused now:! what I should write as a defence.

 

Any help would be gratefully recieved due to having to submit a defence sooner rather than later.

 

I'd rather its short & to the point.

 

As per my previous letter writing, CCA request + SARs request, a lot of information was missing & letters were just going back & forth so I left it in dispute for failure to supply what they should have. If that all makes sense.

[bambinaia]

I know I'm being a little impatient but I really need some sort of help.

 

This is not actually my debit but my other half who when he dies is going to have on his head stone 'Ill do that later'. Well later is here & I'm trying to sort it out again:-x.

 

I think I understand the spilt claim & abuse of process part & the CPR31 request which they have not replied to.

 

I need to know how to put in writing as soon as poss because the response needs to be in by 9th July.

 

Any help what so ever will be grately appreciated.

[ims21]

You may need to wait until later on since many of the guys have day jobs.

 

It may help if you could give your ideas for the defence i.e. what is the basis of the defence.

 

Also it would probably be useful if you could type up their PoC verbatim.

 

If this is a credit card are there any unlawful charges that you can reclaim?

 

Is there any PPI on the account which you may be able to reclaim if it was mis-sold?

[bambinaia]

Thank you for replying.

 

The POC reads;

part monies due under regulated Credi agreement number xxxxx between HSBC bank and the defendant the benefit of which was assigned to the claiment on the 21/12/2011

The agreement terminated upon the Defendant(s) failure to comply with the terms of the agreement and/or the statutory Notice of default served by HSBC served by HSBC Bank PLC.

The claimant seeks interest pursuant to section 69 of the county court act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.07

Any payments or queries should be directed to the claiments on xxx or email;

 

Nothing was attached to POC & I can't remember ever having default notice served. But I understand that this was was a bulk load of claims sent via Northampton.

 

My defence will be along the lines of;

 

vague information contained within POCs, no reply sent regarding CPR 31 request, no assigment, spilt money claim & can they charge interest.

 

I need to somehow put that in a more professional way as my defence.

 

As far as I remember no PPi was attached & as for interest well thats a bit of a black hole. All I remember is I did a CCA request (2009) & got a load of bumph through which didn't really determine anything. Did a SARs (I think that what its called) again not an awful lot of information.

[AndyOrch]

Hi Bamb

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?353385-County-Court-Claim-Form-Sigma/page5

 

Post#86

 

Regards

 

Andy

[bambinaia]

Thank you so much will get it sorted out now.

 

From what I am reading looking forward to the repayment proposal letter:roll:

[marshmallows]

I've received a claim from Sigma worded like everyone else;-part monies, interest to be charged etc, etc.

 

I replied with my intentions to defend on the 13th June via internet courts received it on the 14th June.

 

I sent a CPR 31 request on the 20 June the solicitors received & signed for on the 22nd June. No response to date.

 

The debit I think was for a credit card which I went through the letter writing stage with the help of to name just a couple, Johnneymitch & Vint1954 under thread HSBC; Helped needed back in 2009.

 

I've read through all the other Sigma threads but I'm not sure (because I'm totally confused now:! what I should write as a defence.

 

Any help would be gratefully recieved due to having to submit a defence sooner rather than later.

 

I'd rather its short & to the point.

 

As per my previous letter writing, CCA request + SARs request, a lot of information was missing & letters were just going back & forth so I left it in dispute for failure to supply what they should have. If that all makes sense.

 

 

I have just filed my defence that Andyorch very kindly penned for me. It might be worth you having a look at it on my thread. It is short and just what is required to refute what Pigma have put for the POC.

 

Although i am sure one of the guys will give their advice as soon as they see your thread.

[bambinaia]

Hi MM many thanks for your reply I'm going to keep an eye on your thread as the same as mine along with many others.

 

Have filed defence now just waiting for the next lot of c**p I'm going to get!!!

 

I've used this site many times before in the past & the wealth of information is brillant along with the help & support.

 

I hope everthing goes well for you.

 

Bambinaia

[bambinaia]

:-xOMG are these people for really!!!

I've just received another claim worded in exactly the same way, part monies etc etc.

 

This one not sure again but if I'm right it was for a loan with PPI attached & in dispute (2009). Never been paid/refunded.

 

Just seen MarshMallows post happy days!!!

[marshmallows]

Grrrr I have know idea what the first one was for, as they refused to send docs... now another one!!!!!!!

[MVM]

Just a thought on these split claims - if you are in a position to pay the claim as they tend to be £200/£300 are you wiser to do this and then defend a second claim which may come along as an abuse of process?

[marshmallows]

But do we/I owe them anything?

 

I have requested copy agreements and documents but they have not supplied anything. I refuse to just pay up without being certain it is owed.

[Pumpkinhead]

Just to let you know that I too have received a claim form today exactly as yours down to the wording and date of assignment. I will start my own thread later on.

[MVM]

But do we/I owe them anything?

 

I have requested copy agreements and documents but they have not supplied anything. I refuse to just pay up without being certain it is owed.

 

Assuming you do ( i.e. you borrowed monies) would it not be cheaper to satifsy the part claim in full and then defend claim no2 on the basis they shouldnt issue another claim on the same agreement?

[bambinaia]

Both claim have different so called account numbers.

 

In 2009 I was doing a lot of letter writing (had a lot of time on my hands due not not working) disputing various loans & credit cards.

 

The biggest problem was the bank was unable to provide much in the way of agreements & when they did signatures had been altered, nothing to say what was what. I sent the normal dispute letters & heard no more. I even went has far as requesting information under data protection. Again hardly any information.

 

Now two claims from Sigma:mad2:.

 

The 1st I've defended, I requested infor under CPR31 nothing arrived.

The second will do the same + I'll do a request for CPR18 as well as the CPR31.

 

The second claim is going to be interesting because they (the Bank) never refunded the PPI I'm actually owed which was more than the loan was worth:wink:.

 

Anyway back to letter writing & awaiting replies:sleep:

[bambinaia]

Hi everyone, well I've received the 'enter into payment plan & claim will be stayed' letter.

 

Enclosed in the bundle that was sent is;

 

Payment plan letter, 20-07-12

8 statements (Nov 08-June 09)

Letter of Assignment from Sigma 10-01-12

Investigate of circumstances letter, 23-01-12

Full & Final settlement offer (no figures given), 6-05-12

Letter requesting I settle account within 7 days. 29-02-12

 

Nowhere within the bundle is a default notice, credit card agreement or statements from June 09 on wards, not even a 6 monthly statement which correct me if I'm wrong you suppose to receive.

 

Any help will be greatly appreciated.

 

So what do I need to do now?

 

Do I wait for the court to write to me acknowledging my defence I submitted?

 

Have read a couple of other threads but brain is not really working:???: