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

[the_shadow]

Yep that sounds right. If it were me I'd choose A and I'd be ringing them seeking an extension (in writing) to file the defence until they comply with the request.

 

S.

[SkemDosser]

Personally with these particular claims I'd put a defence in after the customary CPR notice time limit has ran out. I mean they should have this info at their fingertips- they have after all taken court action against you- so I see no reason why you should let them stall things further by asking THEM for an extension of time. Particularly as Andy has provided a good defence elsewhere that covers this shambles of a POC.

 

A defence gets the clock ticking and focuses the claimant's mind. I personally wouldn't mess about allowing them more time and surrending your initiative to them...as a defendant YOU are the empowered one, not them. Seeing as a simple, robust defence can be offered to the claims from this ridiculous 'solicitors' firm, then I would say do it. Stay in charge. Just my personal opinion of course

[cosalt]

Personally with these particular claims I'd put a defence in after the customary CPR notice time limit has ran out. I mean they should have this info at their fingertips- they have after all taken court action against you- so I see no reason why you should let them stall things further by asking THEM for an extension of time. Particularly as Andy has provided a good defence elsewhere that covers this shambles of a POC.

 

A defence gets the clock ticking and focuses the claimant's mind. I personally wouldn't mess about allowing them more time and surrending your initiative to them...as a defendant YOU are the empowered one, not them. Seeing as a simple, robust defence can be offered to the claims from this ridiculous 'solicitors' firm, then I would say do it. Stay in charge. Just my personal opinion of course

 

Hi, can you point me in the direction of Andy's defence? I too think defending at this stage is the best option.

 

Am I defending on the basis that as they have no paperwork they have no valid claim?

[Abby25]

Just wanted to say, that the interest requested on my claim is again for £299.99 & £50 legal and Court costs of £15 - they told me when I rang them (following reciept of the claim form)l, that they haven't claimed the full amount to save me money, as the costs for a full claim would be very high indeed, and they felt it more fair to just issue a claim for Sigmas interest that has accrued since the assignment.

 

So, if 2 claims have the same requested amount of interest, yet different balances, thats further evidence of the suprious nature of their claims - they are apparently based on a figure picked out of the air.

 

Also, if this helps I was told that they don't get any files form Marks, just a list of names and balances that have been sold. The manager told me, that they had issued a cliam, as I had not responded to their corresponce (considering half of them were in the wrong name, no wonder I told them ! ). But that even so, I had both written to them, and spoken to an Agt on the phone, again advising them of the dispute status of the account ..... he said "we have no record of that" ... He also said that he would need to contact the OC for their complaint file on the account.

 

So they are also issuing claims with absolutley NO DOCS TO BACK IT UP , OR BASE IT ON.

 

I have my own thread on my own claim form, but just wanted to mention this on here, in case it assists Coasalts defence etc.

 

I would gratefully appreciate a few of you taking a peek at mine, to see if what I have done is correct, on there you will read why I think I may have made a big boo boo, and would love some advice as to if I have, and what it may mean.

 

Any developments on mine, that I think will help here, I will pop in an leave the info.

 

Thanks guys ..

 

Abs x

[SkemDosser]

Hi Cosalt have a look here

http://www.consumeractiongroup.co.uk/forum/showthread.php?353605-Sigma-SPV-1-(HSBC)-v-myself/page2

 

Simple, to the point and robust. You are defending on the basis that the claimant has not in any proven you owe any money, hasn't shown how the amount they are claiming you owe them has been deduced, and neither have they proven they have any legal right to claim anything from you in the first place.

 

In parallel to submitting a defence I personally also intend to:

 

1] offer the claimant the opportunity to discontinue pointing out any further pursuit of the claim will lay them open for further costs;

 

2] copy any letter from HL offering a stay on condition of a repayment plan for the balance to the court, pointing out they are trying to get you to admit to a debt outside of the court process and is therefore an abuse of said process;

 

3] report HL and the lovely Rhona Lavender to the SRA copying them in on the claim form and any letters seeking a repayment plan for a balance larger than that on the claim form, pointing out these solicitors are abusing the court process in contravention of s35 of the County Courts Act 1984.

 

I strongly believe at this stage in particular, it is very important to maintain the upper hand. I know its scary being a defendant BUT a defendant calls the shots in these cases, NOT the reverse. Claimants like this bank on defendants being scared and cowed by the court process and, feeling helpless, thereby will do their bidding. In fact, the opposite can so easily be the case. We as defendants are the ones in charge, not them. So lets all show ridiculous outfits like HL that we are not all mugs.

[SkemDosser]

Just wanted to say, that the interest requested on my claim is again for £299.99 & £50 legal and Court costs of £15 - they told me when I rang them (following reciept of the claim form)l, that they haven't claimed the full amount to save me money, as the costs for a full claim would be very high indeed, and they felt it more fair to just issue a claim for Sigmas interest that has accrued since the assignment.

 

So, if 2 claims have the same requested amount of interest, yet different balances, thats further evidence of the suprious nature of their claims - they are apparently based on a figure picked out of the air.

 

Also, if this helps I was told that they don't get any files form Marks, just a list of names and balances that have been sold. The manager told me, that they had issued a cliam, as I had not responded to their corresponce (considering half of them were in the wrong name, no wonder I told them ! ). But that even so, I had both written to them, and spoken to an Agt on the phone, again advising them of the dispute status of the account ..... he said "we have no record of that" ... He also said that he would need to contact the OC for their complaint file on the account.

 

So they are also issuing claims with absolutley NO DOCS TO BACK IT UP , OR BASE IT ON.

 

I have my own thread on my own claim form, but just wanted to mention this on here, in case it assists Coasalts defence etc.

 

I would gratefully appreciate a few of you taking a peek at mine, to see if what I have done is correct, on there you will read why I think I may have made a big boo boo, and would love some advice as to if I have, and what it may mean.

 

Any developments on mine, that I think will help here, I will pop in an leave the info.

 

Thanks guys ..

 

Abs x

 

Hi Abby I'm going to pop over to your thread soon as I see you've made a couple of comments so I'll probably touch base with you there later.

 

The information you've gleaned is fantastic though and entirely backs up what I suspected from the outset. These are spurious punts on the part of HL to see what they can shake out of scared defendants who [they hope] will just pay up some money in the [wrong] believe it will just all go away.

 

HL have shown just how inept and unprofessional they are from the outset, when they sent out letter and NoAs to the wrong people. I have on file, like no doubt yourself and many others have, an NoA with the wrong name on it; in the highly unlikely event this ever gets in front of a judge [that, I think, would be HL's worst nightmare in reality] I'd like to see them argue that in balance of probabilities they always follow efficient, strict procedure in their account administrations when that's produced.

 

Like I said a few days ago, I think HL are on the edge of a huge mess over all this. If I was them I'd start back-peddling immediately. What we have to do is keep the pressure up on them so that the process becomes just too much of a pain in the bum for them

[Abby25]

OOh Do please look in Skem .. !!

 

When I spoke to HL, the first clerk fully agreed why I was disputing the account, and told me that they did get full files from the OC. Then the manager was put it on, because the clerk went to pieces to be honest, WHILST the Mgr initially started with quite a bullying tone and did everything to get me to admit the debt (silly boy !), he then, once he listened (and he got a bit of attitude back), admitted that HL get absolutly no files form M&S, just a list of names and debts, and admitted once pushed, that they had no idea what the dispute was on the account, which proceeded its subsequent default.

 

I wish I had known about the court process then, but what I did say to them during the call was that the claim had no basis or merit - and I demanded it be withdrawn.

 

Hope the above helps with Cosalts claim, or defence ... I can privately give the managers name I spoke to if that helps too.

 

Abs x

[cosalt]

Ok, so this is the wording of the defence-

 

DEFENCE

 

1. Paragraph 1 is nether admitted or denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement. Furthermore any claim for partial monies is averred Contrary to s35 of the county court Act 1984 s35 Division of causes of action.

 

2. Paragraph 2 is noted with regards to termination of the alleged contractual Agreement , the Defendant has no knowledge, therefore the Claimant is placed to strict proof there of.

 

3. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

Can this be done on line?

 

What Happens after this?

[AndyOrch]

Nice defence cosalt:wink:

 

Yes if the summons was issued from Northampton then you can log onto MCOL ( username and password on summons) you may have to register first with the Gov Org Gateway.

 

Regards

 

Andy

[cosalt]

Nice defence cosalt:wink:

 

Yes if the summons was issued from Northampton then you can log onto MCOL ( username and password on summons) you may have to register first with the Gov Org Gateway.

 

Regards

 

Andy

 

Hi Andy, hope you don't mind me using your defence, I was pointed to it by a fellow cagger..

 

Just to clarify, that is the entire wording I need to put? Will they understand that the paragraphs referred to are in the POC? Do I need to mention that they have failed to respond to my CPR request?

 

Cosalt

[cosalt]

Hi everyone, is anyone able to confirm my defence is ok to go in as above without any further wording. Do I mention the cpr request they ignored.

 

Need to get the defence in in the next few days.

[Mike_hawk]

Hi Cosalt

 

Can you post their particulars to check they reconcile with your defence please?

[SkemDosser]

To my mind that defence is spot on and pretty much what I used as there's little point in re-inventing the wheel Because it's snappy and to the point there's plenty of room when submitting online, so I copied the POC first with each para numbered, so that there was ease of cross-reference when reading the defence, which I added underneath with the title My Defence.

 

I didn't bother myself mentioning any CPR non-compliance though its of course a matter of choice. If sent recorded they are a matter of record and can be referred to in the [unlikely] event it ever gets near a hearing.

[Abby25]

Did they reply with the docs ?

 

Their 7 days are up with me today ... no response or acknowledgement, no surprise there !, and just wondered if you had heard anything.

 

Abs x

[SkemDosser]

Did they reply with the docs ?

 

Their 7 days are up with me today ... no response or acknowledgement, no surprise there !, and just wondered if you had heard anything.

 

Abs x

 

Don't think anybody is going to get anything back Abs, simply because all they have is a name, address and balance amount and I would bet its highly unlikely they will be able to get hold of much more.

 

They've already admitted to me that they don't have a copy of the agreement and are having to refer back to the OC for it. As they've now defaulted on my CCA request to them, they are effectively in a position where they are unable to bring legal action against me, or add interest to the account etc., which I have reminded them in a letter, and telling them as such they are obliged to discontinue the claim. They are essentially kippered on a number of fronts, so its now a war of attrition until they eventually discontinue to my mind

[Abby25]

I think I may as well put my defence in then, as I'm on holiday from Sat and have to have it in by Monday 13th.

[the_shadow]

I think I may as well put my defence in then, as I'm on holiday from Sat and have to have it in by Monday 13th.

 

If they've not responded then you need to get it in prior to the deadline YES.

 

Once the defence has been issued its sent to them and its up to them if they want to waste more money proceeding... my money's on them not

 

S.

[Abby25]

Thanks shadow ... my hero !!! Abs xx

[cosalt]

Have submitted my defence on line, will update as and when I have some news!

[Abby25]

Good luck .... I'm submitting mine today too ..... will update here (for your info), and on my own Sigma thread too (so as not to hijack !! ;-) ) ....... Keep us posted ... Abs xx

[cosalt]

I have today received a copy of an application form for an M&S store card, no terms and conditions, just the front. They have offered to discontinue if I enter into a payment plan!

[Abby25]

So by that offer, they know they have nothing.

[the_shadow]

So by that offer, they know they have nothing.

 

Good summary

 

They obviously dont want to throw good money after bad.

 

S.

[Abby25]

How do we deal with this though, as I expect the same response, ie an offer to discontinue for a repayment offer.

[hammyhound]

Check in on my post for an update of what I got, they did not say "we will discontinue" they say "will not pursue and will stay the claim" two different things.

 

I am of the mind to send a letter saying "no agreement" "no default notice" "a reconstructed assignment letter" - they say they have not got the M & S letter and have made up a copy - they typed it and now it is worded totally different.

 

I might ask them to discontinue, if no reply make an application to the court and send all the stuff they have sent me. Wonder what a judge will think

 

HH