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    • Hi Lolerz Thanks for replying to me, yes I've been ignoring her & will continue to do so. All she keeps saying is they want to come up with an amicable settlement. Keeps saying this to our receptionist she shouldn't be saying this to a receptionist or even me in the first place as they have given no proof of anything no IP addresses noting just keeps saying about an amicable settlement.
    • If a DCA supplies a reconstituted copy of the CCA what would be the next step? It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.
    • you'll never find a court open on a w/end MB. all courts are closed Good Friday and Bank Holiday Monday. However as Andy points out, that does NOT mean you get 2 extra days to file, you get one, same as xmas/new Year. UKPC have not filed their, so no rush on yours as dave says.  
    • Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed some of the worst tendencies in British politics”. “The only way to think about it is as a psychodrama enacted, for the most part, by a small group of middle-aged men who went to élite private schools, studied at the University of Oxford, and have been climbing and chucking one another off the ladder of British public life" Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ WWW.INDEPENDENT.CO.UK The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed...  
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Another Sigma Claim Form - M+S card


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Sigma are unaware what happens if a defence is entered in response....well they are aware its costs money to proceed but is it worth it on debt that they have paid peanuts for and are just chancing thie luck on issuing a Summons.

We could do with some help from you.

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This stolen unashamedly from CitizenB – it certainly applies to Sigma, in my view.

 

In Barton Henderson Rasen v Merrett [1993] 1 Lloyd’s Rep 540 Saville J said that it is an abuse of the

court’s process to issue proceedings with no intention of taking the case any further. In

contentious matters the courts exist for the purpose of determining claims. Therefore, starting

a claim with no intention of pursuing it is not using the court’s processes for the purposes

for which they were designed. ‘Parking’ proceedings in an attempt to achieve a settlement

with other defendants justified striking out with indemnity costs in Sodeca SA v NE Investments

Inc. [2002] EWHC 1700 (QB), LTL 27/8/2002.

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Yes DB or otherwise chancing their luck that no defence will be submitted...perfect quotation for the basis of a SO.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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‘Parking’ proceedings in an attempt to achieve a settlement

with other defendants justified striking out with indemnity costs in Sodeca SA v NE Investments

Inc. [2002] EWHC 1700 (QB), LTL 27/8/2002

 

See above!

 

 

I think I understand Donkey.

 

What is the normal time scale between submitting defence and hearing something back? Is a month reason enough to believe they are parking?

 

Forgive me if I am asking ridiculous questions to which the answers are obvious.

 

My partner thought the delay might be due to the big pile they had on the desk.:lol:

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They have 28 days to inform the court that they wish to proceed, at which point AQs will be issued. Failure to respond means the claim is automatically stayed, but the claimant can apply to have the stay lifted at a future date.

 

What Sigma appear to be doing is chucking out claim forms like confetti as a debt collection tool, which could be proven to be an abuse of process IF they do not litigate further on any contested claims. This would be prima facie evidence for use in a strike out application, based on the above para, as Andy says.

 

Worth a complaint to the OFT and the SRA.

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but the claimant can apply to have the stay lifted at a future date.

 

Ooh Donkey do they have to pay for the application to have the stay lifted - please say yes!!!

 

I for one will not be making an application to strike out. As has been said on previous threads the longer they leave their stay it must give us an advantageous point with the Judge.

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This received on Cosalt's thread from Skemdosser

 

 

Hi all been meaning to get on here the past couple of days-I have just received a N279 Notice of Discontinuance from HL. Got a wasted costs application to think about now...

 

 

My my, what do they have up their sleeve I wonder!!

 

HH

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They’re crumbling...

 

As I said ages ago, their modus operandi is a simple case of economics. For every one person who comes on CAG, and defends, there are probably 99 who pay up or get a CCJ. CAG is but a flea bite on their arse, sadly.

 

And yes, they would have to apply via N244 to lift the stay, and pay a fee,

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  • 1 year later...

Can i just give all sigma M&S peeps a shout ...and all those who recd letter addressed to the wrong person (albeit with the correct acct details !).

 

PLEASE check your credit record with the agencies ( or a least callcredit - try noodle for a free account), as Sigma have recorded under "known by another name/alias", the name of the lady they addressed my orig letters too ... (noted they didn't get the partial claim papers name wrong though !)

 

Anyhoo, I can only assume they've done this with everyone who suffered their "system error", even though its a fault from their end ... and I assume the lady whom recd her letter addressed to me, has her recorded alias as my name ... what a mess !!

 

Anyhoo, you may want to have a check and raise a query withthem .... I've done this, waiting for them to get back to me.

 

There are a few other errors in my record, whether this is just Callcredit being carp or what I dont' know, but I've raised 4 errors in total ... so make sure you have a thorough read and spot any probs !!!

 

Here's the link to join ... https://www.noddle.co.uk/

 

Or try the normal sources/free trial periods ...

 

Thought this was worth a heads up to everyone ...

 

Abs x

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  • 5 months later...

My credit file did show up this other person's name, when I disputed this with Noddle saying this person does not live there, Sigma amended it to show my name including my middle name - never used it in anything. This was in the bit where it says "also known as/alias". Statute barred this year so Sigma:lol:

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