Another SIGMA claim via HL Legal

[SkemDosser]

No harm done in sending a back up Layla by recorded delivery ; it also gives you a chance to tack copies of your non-complied with CPR requests so that they get onto the court file.

 

Just one small thing- when emailing or sending by post, make sure the document is headed up and finished with a statement of truth, similar to below. These details are covered by an online submission [or filling in the claim form], but not if doing so outside of these two methods..

 

Also don't sign with your proper signature! Use your 'new' one or just 'mark' it.

 

Apologies if you already knew this, covering all bases. If your email didn't cover these points don't worry, just cancel it and send another [it won't of been opened today] or failing that, send another that replaces the first.

 

 

In the ......... county court

Claim No. ...

 

 

Dated ……… 20…

 

Claimant XXXXXXXXXX

 

and

 

Defendant XXXXXXXXXX

 

Then Defence

 

Then finish with:

 

Statement of Truth

 

I believe that the facts stated in this Defence are true.

 

signature [not real one!!]

PRINTED NAME

Dated

[SkemDosser]

Right, if I'm having to post this via snail mail, there's a couple of questions please.

 

1) Is it best to write by hand on the form sent in pack, or can I type it up & attatch?

 

2) Also, is it ok to use the defence used by some of the others on this forum (all appear to have identical poc - just that mine was with M&S)?

 

3) In my letter to HL, I informed them of my intention to go ahead with defence, & to make court aware of their non-compliance. Would this be added onto defence, or a note added seperately to the court?

 

Bit late catching up with this as things have moved on! Whatever there's nothing wrong using a similar defence to identical POCs- why re-invent the wheel? HL will have sent out thousands of identical POCs, there's no reason claimants have to go to the effort of tailoring individually different defences to them [apart from your personal details of course ]

 

Point 3 has been answered above- sending in by post gives you a chance to attach copies of your CPR requests and proof of service so they go onto the court file. Belts and braces stuff really. Myself I didn't bother mentioning the CPR non-compliance in my defence- as it was sent recorded it is officially on record, and can be referred to later in proceedings if need be[in the unlikely event it ever gets that far].

[SkemDosser]

oh and flag up at the top of the defence that you as the defendant are a litigant in person- not sure whether I've mentioned that in this thread

[LEYLA]

Thanks guys. Oops I did miss statement of truth at the end! So how do you go about cancelling an email you've already sent? Never had to do that before. Sorry if I sound really dim!!

[SkemDosser]

Email systems vary and some have time limits on when its possible to 'unsend' an email, have a look in your email account and try things like right clicking the message to see if there's an unsend option, or looking in your Outbox to see if its still sitting there- if it is, delete/unsend it.

 

If you can't do it, no big worries though. Just send an updated email telling them to disregard the former one and to use the latest as the bona fide one, and tell them a hard copy is in the post to back it up. Ask them to email you back to confirm they understand and have acted on your request

[LEYLA]

Thanks for advice SD. Having to send an updated email as suggested. Will get it right this time hopefully!!

[LEYLA]

Got a letter from HL yesterday dated 8th August. Reads as folows:-

 

We are disappointed that you have not replied to the claim for issued against you recently via the Northampton County Court. We are now at liberty to enter default judgement against you for the full amount claimed together with interest to date of judgment and costs. In the event that judgment is obtained details will be entered in a public register, the Register of Judgments, Orders and Fines, where they will be held for 6 years. They wil also be passed to credit reference agencies, who will supply them to credit grantors and others seeking information on your financial standing. This wil make it difficult for you to get credit.

If judgment is entered and you ignore the order your goods may be removed and sold, or other enforcement proceedings may be taken against you. If this happens further costs will be added.

To avoid judgment being entered please contact us immediately quoting reference. ..... If you wish to pay by debit or credit card or discuss the matter personally then you must contact us on. ........

You can also pay online at http://www.payhl.co.uk.

We shall look forward to hearig from you

Yours Faithfully,

HL Solicitors

 

Strange how this has just arrived! Nothing from them to acknowledge either of my letters requesting info or informing them of my defence.

I did check with the court the day my defence was due, to ensure everything had been received in time. They had both my email & hard copies (sent recorded post) which had attatched letters that had been previously sent to Hl!

 

What should I do now? Court told me they would be sending details of defence to HL & it was then for them to respond.

One thing that does concern me. When I went online to see if HL had taken delivery of my recorded post - it only gave details of date & office depot delivered from. In the past, there have been signatures. Will this affect my ability to prove these letters were sent & received?

[AndyOrch]

They have had your defence LEYLA and if not its Northampton's fault but I doubt it very much.This is a mind playing tactic hence the " If judgment is entered " They cant request judgment by default because you have AoS and submitted a defence their turn now.

They have 28 days to respond to your defence and if no response the claim is stayed. Bin the above or retain it for the court to show how they treat their debtors once litigation has commenced.

 

Regards

 

Andy

[LEYLA]

Thanks very much Andy - that's reassuring.

[LEYLA]

Received letter from HL on Saturday, which reads:

 

We write in relation to the above claim.

In order to assist you with your defence please find enclosed all the relevant documentation in relation to the above account as previously requested.

Eigma SPV1 Limited is prepared not to persue the Claim and to allow the Claim to e stayed subject to you entering into a repayment plan on the Original Agreement: ------------- within 14 days of the date of this letter.

Please contact us on 01527 586599 to discuss your repayment proposal, alternatively we will pursue the above Claim.

Yours Faithfully,

HL Solicitors

Attatched was a "Statement of Transactions" with original lender. A copy of a letter supposedly sent in February from some company - Sigma Red Limited, informing me that they are passing the account to litigation partner HL Solicitors. A copy of letter from HL in May offering a "substantially discounted payment in settlement of balance."

I'm assuming these original letters were never received, as I was regularly returning letters which were arriving at my address under another name!!

 

The docummentation received, in no way meets all that I requested! Has anyone else received similar?

[hammyhound]

I have Leyla over 2 weeks ago ignored it and heard nothing since.

 

I keep checking threads to see if anyone has received anything else ie AQ but nothing. I have phoned the court and they say they are still waiting to hearing from HL.

 

HH

[LEYLA]

Thanks HH. I noticed the letter I received didn't even have a signature attatched. Will be interesting to see how all this pans out!