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

[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...

[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.

[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

[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

[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.

[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

[SkemDosser]

You can contact them at any time and offer them the opportunity to discontinue... give them a limited time offer of you waiving any wasted time costs if they do so [or the chance to take up a reduced cost application on your part of say only a £100 or so if they discontinue, depending on how cheeky you feel ]. Stay in the driving seat. Out of interest Cosalt, have you now gone past the 33 days since you submitted a defence, or are HL still technically in the period they can respond?

[SkemDosser]

oopsjust answered my question by going back to post #1 lol Still, if you haven't received anything yet, it's not likely you will in any shape or form. I'd put my money on them letting it drift into a stay during early September now...

[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...

[SkemDosser]

Finally got round to doing a round-up thread on my experience:

http://www.consumeractiongroup.co.uk/forum/showthread.php?365255-HL-Sigma-Claim-Discontinued-Wasted-Costs-Order-Skem-s-Story-(4-Viewing)-nbsp

 

See y'all there for a virtual glass of Asti lol:)))