Help........!! Sigma claim form - and another M&S charge card converted to a CC.

[hammyhound]

Ooh maybe they sent it to someone else by mistake!!!

[affirmation]

anything happen with this?

[Abby25]

Anyone any developments on this ? I've heard nothing at all since my August defence went in.

[hammyhound]

Not a jot the longer the better me thinks.

 

I did notice on another thread though that they claimed the full amount so maybe they got wise and realised their error in claiming for only part.

 

Would like to do an application for a strike out in a couple of months but this might stir things up. No-one know what to do really.

 

It must be in our favour if nothing happens and then suddenly they stir. I am sure a judge would not be impressed by how long it has taken them.

 

HH

[Abby25]

Hi HH .. great to hear from you.

 

Even if they claimed the full amount, our defence, of there being no executed agreement at all, and the prev court case (I know not binding) but surely relevant, should have any claim by them stopped once they get wind of the defence.

 

Surely they can't be this stupid to try and claim on cases where they have no legal grounds to do so i.e no agreement (not even improperly executed), but absolutely NO consumer credit agreement, which was reqd due to the complete change in nature of the account

 

.Anyhoo ...time will tell .... I was thinking of a strike out myself, but again leaving sleeping dogs lie is sometimes better and saves me a fee !

 

Abs xx

[Abby25]

Hi all,Just a quick update, I have today recd from HL sols, a bundle of statements from when the chargecard was changed to a credit card.

 

It states, the statement of account was sent by M&S, and that they have advised HL that the dispute was resolved in 2010, the store card was changed to a credit card and it has been confirmed by them that the account is recoverable.

 

Followed by if you wish to discuss futher contact our collections team and a tele no.

 

No mention of the court submission for partial claim, which remains as defence submitted from Aug last yr - although hand written on one of the statements is part sue team .

 

Abs

Edited March 25, 2013 by Abby25

[hammyhound]

Hi Abby long time no hear. Personally put it with the rest, I got statements for my store card before they issued proceedings and M & S said "there youve had the money". I would ignore the statements, the solicitors have to lift the say and that will cost them. Just because they have sent you statements doesn't mean that the stay has been lifted. Lets see what happens. M & S don't own the debt anymore Sigma do and they have made a right pigs ear of proceedings. Do you honestly think that if they thought they stood a chance they would have lifted the stay back in August when we all defended. BTW my M & S balance was over £6000 and all they tried for was £299.

[Abby25]

Hi HH,

 

Well my court claim is just showing as defence submitted, not stayed, and this was last August.

 

I was going to reply, and again ask for a copy of the CCA for the credit card, and see what their response is.

 

Abs

[marshmallows]

I rang court today and the lady told me after defence they have 33 days to respond. As they had not, the case was stayed and for them to reapply, they would have to put it in front of a district judge.

 

It might be worth giving the court a quick call.

[Abby25]

Ooh ... thanks Marshmellow ....

 

And hence why statements have now arrived, with contact us to arrange payment.

 

I didn't know about the 33 day timeframe, as this is my first creditor/assignee to attempt to go the court route, and so I have little experience on the formalities ..... many thanks for taking the time to post up on this

 

Abs xx

[marshmallows]

No problem. Just ring court for peace of mind, they are very nice.

[Abby25]

Will do .... I will post up what they say, in case its also of benefit to others xx

[Abby25]

Hi all,

 

I had last July (like lots of peeps) a court claim for part costs, re an old M&S credit card (unlawfully transferred from store to credit).

 

Anyhoo, submitted my defence within the 14 day period, which was acknowledged by the court, awaiting response of the petitioner. They never responded, have never written regarding this, and its all gone quiet.

 

I was advised that as they didn't petition for possession within 3 mths, that the claim is stayed.

 

I'm not sure what this actually means .... is the SB clock still ticking down ?

 

Can this be reinstigated at any point ?

 

Whats the likely hood (from peeps experience of stayed claims) of they trying to breathe life into this again ?

 

Sorry if they are simple qs for those in the know, but from someone who has no experience of court procedures any help is welcomed !!!

 

Thanks guys

 

Abs xxxx

[steampowered]

SB clock is not ticking down - that stops when the claim form is issued.

 

The best thing is to call the court and ask them what has happened.

[Abby25]

Why is the SB clock suspended if the claim is stayed and there is no judgement or acknowledgement of debt ? ........................ Also, to repeat the q what does stayed actually mean with regards the claim and the process ?

[steampowered]

SB stops ticking as soon as the claim form is issued. The requirement is that creditors must start litigation before the end of six years. In theory, if the claim was never formally dismissed and the stay was lifted in ten years time then the debt would not be SB because it is still the same litigation. However, if they tried to start a new claim after six years then that second claim would be out of time.

 

A claim which is "stayed" is effectively placed on hold. It can be reinstated. Difficult to say what they chances are of that happening. At some point you may wish for the claim to be formally dismissed (if you are near SB, perhaps wait until it is SB then try to have it dismissed?).

 

Are you in England/Wales or Scotland - this is important as the procedures are different? Some of the legal terms you are using makes it sound like Scotland?

[Abby25]

Hi,

 

Thanks for that .... I am in England, and the claim was a part claim by Sigma for interest since their ownership (of which there were a load isued last yr, and which there were various threads in which we all defended - matter ws M&S card tsfd from store card to credit card with no new CCA). Anyhoo, after the defence in August, there has be nothing from the claimant.

 

What would be your suggestion with this - aim for a strike out (I think I remember reading someone was going for a SO on abuse of court process). If so, how would I go about that, from memory I think there are costs associated with a SO application too ? (or maybe I'm mis-remembering !!)

 

Any help gladly received.

 

Abs

[postggj]

How far away are you from it being statute barred

[Abby25]

2 yrs to go I'm afraid ...

[postggj]

While the claim is stayed, the claimant will have to apply to the court to reinstate the claim. You can apply to have the claim thrown out but this is what i would do

 

let them reinstate the claim, as its a split claim, accept a ccj judgement, pay it within 28 days, then its over. The claimant cant come after you for the balance as estoppel will apply

 

but that me and wait for more comments though and get legal advice first

[Abby25]

Hi, thanks for tha .... But surely paying the part claim, even if it reaches CCJ stage, acknowledges the debt, as the claim is in relation to interest on the defaulted debt ?

[postggj]

there are things called civil procedure rules. They are a set of rules in the way litigation is conducted.

 

if a claim is put before the court, all aspects of that claim have to be addressed. have you heard of the phrase double jepordy.

 

if a claim is put before the court and aspects of that claim has already been decided before a judge, and a judge has decided on that issue, a legal term of estoppel or Res judicata comes into play

 

you are going to acknowledge the debt, but the claim is just for the solicitors costs which are linked to a secondary cause of action. Pay those costs within 28 days of judgement, and the original debt will be history as no claim can be put before the court in relation to that debt

 

in a nutshell

 

its an abuse of process

 

it is unlawful under section 35 County Courts Act 1984 to split one claim into smaller claims.

[steampowered]

Hmm. This is a difficult one. On one hand applying for a strike-out would be "poking the beast" and perhaps encourage them to revive the claim. On the other hand I doubt they would even respond and it is better to fight when they are not ready for it.

 

Personally I would seize the initiative and apply for a strike-out. Perhaps also ask for costs... you could ask the court to summarily assess your costs as a litigant in person at something like £200... if you want to do this have a read of the sticky and attach a costs schedule explaining the time you spent on the case, the rate is £18 an hour.

[Abby25]

Hi all,

 

Have rang the courts re Sigma falling off the face of the earth when they recd my defence.

 

The clerk advised that the claim is stayed, and that Sigma would need to make representation to the judge if they wanted it re-instigated - fee payable

 

She advised that if I wanted to close it off, I should contact them to request for them to discoutinue the claim OR I could apporach the court and request a strike out - fee payable.

 

Any comments or tips ? Anyone one else had their claim discontinued or sucessfully had it stuck out ?

 

All help and advice welcome amigos !!

 

Abs x

[Abby25]

Hi Maurenn1 has an issue with a M&S claim for full payment from ARROW (this is the store card changed to credit card), I've got her to AOS, but she needs some help with her defence .... and I can't find the Legal Forum to direct her to .. has it moved ?