Sigma Split court claim

[MR1]

Hi, I would like some help with a county court claim I havereceived on the 10th july which I have acknowledged today online.

Here are the POC

Part only of monies due under regulated credit agreementnumber xxxxx/ xxxx between HSBC Bank plc and the defendant the benefit of whichwas assigned to the claimant on 20/12/2011 The agreement terminated upon thedefendants failure to comply with the terms of the agreement and/or thestatutory notice of default served by HSBC Bank plc.

The claimant seeks interest pursuant to section 69 of thecounty courts Act 1984 at the rate of 8% per annum from the date of issuecontinuing at the daily rate of 0.07 any payments or queries should be directedto the claimant on xxxxxx.

I will send a CPR31.14 which I wrote with the help ofsamples from this site,

But I would like some help writing a CPR18, how would I putthe wording to request the full amount of the monies owed.

thanks

[AndyOrch]

Hi Mr1 and a warm welcome to CAG.

 

Ok if you do a quick search of Sigma you will see that their claims are being spread like confetti at the moment.

Here is one thread that will explain your options and directions to avoid Default Judgment.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?353385-County-Court-Claim-Form-Sigma&highlight=sigma.

 

Regards

 

Andy

[42man]

Have a look in the links here too - http://www.consumeractiongroup.co.uk/forum/showthread.php?347358-Sigma-red-spv&highlight=sigma

[MR1]

Hi, thanks for the replies Andy, and 42man, I have had a browse through the links, I need to send a CPR31.14 and CPR18. Please could you have a look at these docs and advise be if its ok to send them, also do I need to date and sign the CPR18? if so where on the letter do i date and sign? thanks

 

 

 

 

HL LEGAL & COLLECTIONS

 

20/07/2012

 

 

Dear Sir / Madam,

 

 

Re: HL LEGAL & COLLECTIONS v MR1

 

Case No: xxxx

 

 

CPR 31.14 Request

 

 

On 10/07/2012 I received the Claim Form in this caseissued by you out of the Northampton 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 CPR31.14 for the disclosure and the production of a verified and legible copy ofeach of the following document(s) mentioned in your Particulars of Claim:

 

 

1 The agreement. You will appreciate that in anordinary 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 Statements, to substantiate that the amount is correct

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

 

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 thisCPR 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 timeyou 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.

[MR1]

here is the cpr18, not sure if its ok, and do I sign and date it, also do I send it to solicitors? any help would be appreciated thanks

IN THE NORTHAMPTON COUNTY COURT

CLAIM NUMBER xxxxx

 

between

SIGMA SPV 1 LIMITED - claimant

 

and

 

 

MR1 - Defendant

 

PART 18 REQUEST FORFURTHER INFORMATION

_______________________________________________________________________________________________________________________

To: Sigma SPV

Please furnish me with the following documents/ information

1. A copy of the Credit Facility arrangement and Notice 76 (1) 98(1) recall and termination
   

1. A Breakdown of all figures involved in your claim and documents proving evidence of this breakdown
   

TAKE NOTICE THAT YOU ARE REQUIREDTO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU. FAILURE TO RESPOND WILL BE FOLLOWED BY ANAPPLICATION TO SEEK YOUR COMPLIANCE

[AndyOrch]

Hi Mr1

 

Only request " Notice 76 (1) 98(1) recall and termination " if the debt is an Overdraft.

 

Regards

 

Andy

[MR1]

Hi andy, thanks for your reply, I cant remember if I had an overdraft but i know I had a loan and a credit card but I dont know which one sigma are claiming for, how would I find out? I have realised that on the claim form part of the account number is actually the bank account number so im guessing it could be the loan.

any suggestions what information I would request on the cpr18 and how i should word them?

 

thank you

[AndyOrch]

There is very little reference to any documentation within their P.o.C apart from an agreement and the assignment so the 31.14 should yield that documentation.The CPR 18 is for specific information only and not documentation so you could ask what the claim relates to Ie P/L Or CC or O/D and how they arrive at the sum claimed.

 

Regards

 

Andy

[MR1]

Thanks once again for your help Andy, should this be ok to send?

 

 

Please furnish me with the following documents/ information

1. Information on what the claim relates to Ie:- Personal Loan, Credit Card or Overdraft.

2. A Breakdown of all figures involved in your claim and documents proving evidence of this breakdown

 

[MR1]

Hi 1 more question Andy,

 

Do I need to sign and date the cpr 18? if so where on the letter?

 

 

thanks

[AndyOrch]

CPR 18.1 REQUEST FOR FURTHER INFORMATION

 

Please furnish me with the following information:-

 

1. Information on what the claim relates to Ie:- Personal Loan, Credit Card or overdraft.

 

2 If an Overdraft please provide evidence of Notice 76 (1) 98(1) recall and termination and facility agreement.

If a Personal loan or Credit Card please provide evidence of the CCA and Default Notice

 

3. A Breakdown of all figures involved in your claim and documents proving evidence of this breakdown.

 

Failure to comply with this request within 7/14 days will leave me no alternative but to make application to seek your compliance.

 

No need to sign it

[MR1]

Thank you very much Andy, I will send it today