Sigma claim form - another! M&S charge card converted to a credit card.

[cosalt]

Hi, after a long period of hearing nothing from any of my creditors I today have received a claim form 'part only' for interest due £299.99 from Sigma SPV.

 

This appears to relate to an unenforcable M&S charge card that was converted to a credit card.

 

I have previously CCA'd them and received an illegible copy of the original charge card agreement.

 

I am assuming this is a ploy, they think I will pay the small amount which will then effectively acknowledge the debt.

 

I intend to defend, can someone advise the best way forward with this?

 

Thanks in advance.

 

[SkemDosser]

Hi Cosalt looks like you've just joined the club!

 

I'm in the same situation as you [although my charge card was defaulted on before the credit card conversion business]. Illegible copies of well dodgy CCA microfiches etc

 

I'm trying to get up to speed on this myself after ages of nothing much happening. There's various really useful links in the clutch of threads on here at the moment. I'm inclined to go straight in with a CPR 31.14 request and give them a serious wobble. As I've mentioned on another thread, I've had a serious hunch since the New Year that this lot have hadly any paperwork at all- let alone proper documentation- on these accounts and are just taking a punt on seeing who will get hooked.

 

Excellent CPR advice here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?159445

 

Great defence statement if you end up getting that far here:

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

 

The whole thing stinks to my mind- particularly as Sigma are using a Jersey office. But it is a Claim Form so we need to get the response right...

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/content.php?867-Has-your-store-card-been-automatically-upgraded-Hot-News-for-you!!!#comments

[the_shadow]

Yet further reading I'm afraid.......

 

 

Take a look at this thread, good advice and the claim was put in back in May

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?350237-Sigma-red-spv-Court-Claim

[cosalt]

Ok thanks everyone, I have read all the links and from what I understand I need to advise the court I intend to defend then send a CPR request to Sigma?

 

Do I need to put any specific wording to the court? Not really sure on that point?

 

Cosalt

[the_shadow]

You need to use the information that came with the claim form to acknowledge online by ticking a box and indicating you will defend. Thats that part... then use the CPR 31.14 template on this site in the library to ask for ONLY documents MENTIONED in the particulars of claim...

 

Asking for anything that is not mentioned in the particulars will likely invalidate the CPR requirements of them to answer.

 

S.

[cosalt]

Ok, so I have gone online to MCOL and filed an 'Ackowledgement of service' and that I wish to defend all of the claim.

 

Now I will prepare my cpr request. I will post it up here once done.

 

Is that all for now?

[the_shadow]

That and look for any previous documentation you have been sent both from the new creditor/claimant and the original lender.

 

S.

[cosalt]

Can someone confirm this is the correct template I need, I will then edit as appropriate.

 

Thanks

 

 

 

Dear Sir,

 

Re: XXXX v XXXX Case No: XXXX

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

[the_shadow]

Yes

 

S.

[LEYLA]

Got my Sigma court claim on Friday 13th. Hope you don't mind, but rather than post up details which seem to be identical to everyone else; I'm following the great advice here.

LEYLA

[SkemDosser]

Got my Sigma court claim on Friday 13th. Hope you don't mind, but rather than post up details which seem to be identical to everyone else; I'm following the great advice here.

LEYLA

 

Welcome to the gang Leyla, there's a fair few of us:) There's a number of other good threads on the go now worth looking at if you haven't already...let's all stick it to Sigma.

[hammyhound]

My threads one behind yours, any more takers on receiving these pathetic claim forms !

 

Hammy

[debbbbsy]

Hi,

 

The CPR request must refer directly to the POC on the claim form.

 

For instance, you must specifiaclly refer to the agreement referred to under that agreement, and any specific clauses they mention that agreement must have,including the account reference number on the claim.

 

When the accounts were converted, the new credit account reference numbers are different to the original storecards. When CPR'ing you must specifically refer to and request the agreement for the credit card. They cannot comply and the claim is unenforceable.

 

The Storecard agreement, which has a different account number and the Terms and conditions differ in so many ways, the interest rate is different and the way the card is used cannot be used to enforce judgment.

 

You should attach with your CPR a letter outlining your intention to defend should they proceed with this claim. Suggest they discontinue this claim.The best form of defence is attack, give them a breakdown of your costs, as a litigant in person what you will be cliaming against them should they be unsuccessful in gaining judgment. Offer them a resolution, they Discontinue and you will not apply for a wasted costs order.

 

Worked for me.

 

Debbie

[debbbbsy]

Howard Cohen/GE Money discontinue claim

 

Here is my thread.

 

Debbie

[the_shadow]

Got my Sigma court claim on Friday 13th. Hope you don't mind, but rather than post up details which seem to be identical to everyone else; I'm following the great advice here.

LEYLA

 

Whilst I'm sure no-one will mind there may be something unique to your case which could make or break it, certainly where legal matters are involved I would suggest your own thread with you following the others keenly.

 

S.

[cosalt]

Ok CPR letter ready, do I need to send a payment with the letter?

[the_shadow]

NO, its a free request under the court rules

[cosalt]

NO, its a free request under the court rules

 

Many thanks, its off by first class recorded delivery now!

[cosalt]

Ok, the letter was signed for on the 18th so to me they have until today to respond?

[the_shadow]

How long do you have until the defence needs to be filed?

 

You can either a) Chase the solicitor by email/fax/phone and seek the extension warning them that you WILL put in an application for them to comply with the CPR31.14 and you WILL seek the costs from them of that application.....

 

or b) Issue a defence

 

or c) Go straight to applying to the court for an order for them to comply.

 

If C you need to ensure your CPR31.14 **ONLY** asked for documents actually mentioned in the POC's, if you have asked for anything extra that wasnt in the POCS then I wouldnt risk an application as you could have costs awarded against you as well as loose the application fee.

 

S.

[cosalt]

Thanks, well I am not sure when the defence needs to be filed, I did an acknowledgement of service which I believe is 28 days?

[the_shadow]

Thanks, well I am not sure when the defence needs to be filed, I did an acknowledgement of service which I believe is 28 days?

 

From the claim date

Allow 3 days for service (post)

14 days to file defence or acknowledge

If acknowledged add another 14 days.

 

That gives you your defence due by date.

 

S.

[cosalt]

How long do you have until the defence needs to be filed?

 

You can either a) Chase the solicitor by email/fax/phone and seek the extension warning them that you WILL put in an application for them to comply with the CPR31.14 and you WILL seek the costs from them of that application.....

 

or b) Issue a defence

 

or c) Go straight to applying to the court for an order for them to comply.

 

If C you need to ensure your CPR31.14 **ONLY** asked for documents actually mentioned in the POC's, if you have asked for anything extra that wasnt in the POCS then I wouldnt risk an application as you could have costs awarded against you as well as loose the application fee.

 

S.

 

The POC referred to the agreement, assignment, termination and default notice. These are the documents I have asked for.

[cosalt]

From the claim date

Allow 3 days for service (post)

14 days to file defence or acknowledge

If acknowledged add another 14 days.

 

That gives you your defence due by date.

 

S.

 

The date of issue was 10th July so I reckon 10th August?