Sigmaspv1 N1 - old HSBC OD.***Claim Struck Out***

[Artheratkins]

Hello,

 

Im new to the site. Ive found it after looking for some advice online.

 

Today I have received a County Court claim form from Sigma spv1 ltd, for a court in Northhampton, I have no experience what so ever on what I should be doing.

 

They claim I owe them including costs over £8,000 for an overdraft with HSBC, I have never had an account with HSBC,

I have however had an account with First Direct, but never had an overdraft to that extent.

 

I stopped paying the repayment on the overdraft I had when I had financial difficulties, I

offered a nominal amount and they refused it.

 

They closed my account and I have no access to it,

I remained paying to the account although they were still adding interest monthly that was more than the payment I was paying.

 

So Nearly 5 years ago I refused to pay anymore until they stopped adding interest.

 

I have heard nothing from them for all that time until today.

 

Has anyone got any advice on how I should proceed with this matter,

 

I want to defend myself but have no idea on how I should go about it.

 

Thank you in anticipation.

Edited December 1, 2012 by Artheratkins
new information

[ims21]

Two threads merged and tidied...please keep to one thread for this issue.

 

What is the date of issue of the claim and can you please type up their particulars of claim verbatim but leave out anything that may identify you.

[Artheratkins]

Hello,

 

Apologies for the duplication.

 

This is what the particulars of the claim are:

 

Monies due under an overdraft on current account xxxxxx/xxxxxxx between HSBC Bank PLC and the Defendant the benefit of which was assigned to the claimant on 21/12/2011. The overdraft terminated upon defendant(s) failure to comply with the terms of the overdraft agreement.

 

The Claimant seeks interest persuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 1.73%.

Any Payments or queries should be directed to the claimant on :01527 586594 or email: xxxxxxxxxxx

[Artheratkins]

Sorry date of claim is 28 Nov 2012

[ims21]

OK so you have some timescales to work to here.

 

Issue date is 28th November + 5 for service = 3rd December+14 to acknowledge = 17th December and a further 14 to submit a defence = 31st December so you have time but keep your eye on the dates.

 

The legally minded guys will be along to help you as soon as they are available but it may be a bit quiet due to the weekend.

[citizenB]

Do you know what kind of sum any charges that the bank applied to the account, would amount to ?

 

Can you remember, specifically, the last date you paid any monies into the account was ?

 

Were you ever sent a Notice of Assignment from HSBC to the current owner of the account ?

 

First of all, if it is your intention to either defend or attempt to mitigate this claim, you need to obtain information. You can send the following CPR request to the acting solicitors.

 

 

CPR 31.14 Request

 

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

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 and counter claim 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/

overdraft

Facility confirmation and Terms and Conditions from that date. 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 Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974

 

3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C

 

4: Notice of Assignment

 

5: Statement of account showing how the amount claimed has accrued - detailing all default/penalty charges.

 

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 as required under CPR15.5.

 

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

 

 

If there are a significant amount of charges, and if you had advised the original creditor of your financial difficulties and they failed to treat you fairly ( to help you with a repayment plan) then you might have something to bargain with.

 

When they closed your account and prevented you paying any monies in - did they write and let you know what they were doing ?

[Artheratkins]

Hi,

 

Sorry for the late reply to your message, I have never received anything from HSBC, firstly I agreed to pay £100 a month towards the overdraft, which I did for over a year, they then sent me out of the blue a letter asking me to ring and renew my agreement with them, which I did, and at which point I asked if I could reduce the payment, and if they could holt adding interest, I wasnt using the account, and the interest was greatly reducing my payment to lessen the outstanding amount, my partner and I had recently parted company I was left with 4 children living in a very expensive rented property, I gave them a full break down of all my finances.

 

All this was done by telephone, I never heard anything at all back, I wrote and asked again to reduce the payments and stated I couldnt afford to keep paying £100 a month, when I paid a lesser monthly payment they said I had broken the agreement between myself and them, although I had never signed anything. Then I didnt hear or receive anything.

 

I havent since then recieved any communication from them until this weekend. In the meantime I moved and had a redirection put on my mail for a year, but also wrote and notified of my new address.

 

I cant remember exactly when I paid the last payment into the acount, however ive been in my house now for 5.5 years and it was after i moved here I made the last payment, I would guess probably 5 years ago.

 

I havent ever recieved a Notice of Assignment. I fully intend to defend or mitagate this claim, because however they have come to this amount I havent been notified or given the opportunity to pay or reach an agreement. My online access was taken away the 2nd month after I didnt pay the monthly payment.

 

Thank you for your help, I will copy off the letter and send that tomorrow and let you know how it goes.

If i can ask for any other advice I would be very grateful.

 

Regards.

[citizenB]

Yes, HSBC are very good at encouraging telephone contact, where no records are kept !!

 

Make sure you acknowledge service on time.

 

Once you receive a response to your CPR request, let us know - equally, if they dont respond say within 10 days from receipt, let us know.

[Artheratkins]

Hi,

 

Ive sent the cpr request via recorded delivery today, when I acknowledge service which I can do via the website, should I tick, " I intend to defend all of this claim" or the box that says I need 28 days for defense instead of 14?

 

Regards

[citizenB]

Hi,

 

Ive sent the cpr request via recorded delivery today, when I acknowledge service which I can do via the website, should I tick, " I intend to defend all of this claim" or the box that says I need 28 days for defense instead of 14?

 

Regards

 

Hmm, can you not tick both ? You definitely need the 28 days.. but can you hang fire for a little while and I will try and find someone who will know for sure.

[AndyOrch]

Just tick the " I intend to defend all of this claim" this automatically allows the 14 days to prepare defence. To request the 28 days is for an agreement with the Claimant on an extension CPR 15.5 of an extra 14 days.

 

Regards

 

Andy

[Artheratkins]

ok, Ive just done that. Checked and the letter was signed for at their offices on the 5th Dec, so I assume that they have until the 15th to reply?

 

Thank you so much for all your help, I would be totally lost without it.

[AndyOrch]

Check with Northampton the date your defence needs to be submitted...just to be sure.

 

Andy

[Artheratkins]

Hi,

 

Its been over 10 working days now, and ive received no reply from Sigma, they received the letter on the 5th Dec, I sent it signed for delivery and thats the date it was signed for. I will check with Northampton tomorrow, Ive not had chance up to today. What do I do now? Ive asked for a cpr 31.14 and not received any info back.

 

kind regards

[AndyOrch]

Check the dates and submit a defence on time.

 

Andy

[Artheratkins]

Ive tried to ring the court twice today and have been unable to get through it shuts at 4pm, and I dont finish work until 4.30pm, however I will endeavour to get through tomorrow again, ive just logged on to Moneyclaim online and found this info:

 

A claim was issued against you on 28/11/2012

 

 

Your acknowledgment of service was submitted on 07/12/2012 at 19:12:52

 

 

Your acknowledgment of service was received on 11/12/2012

 

It had been previously worked out for me that these dates were the ones to work with :Issue date is 28th November + 5 for service = 3rd December+14 to acknowledge = 17th December and a further 14 to submit a defence = 31st December so you have time but keep your eye on the dates.

 

How do I submit a defence I am so sorry to be a novice but I really have no idea on what I should be doing. I have the document I recieved from the courts, which part of it is a defence and counterclaim form, which gives the option of Disputing all the claim and giving a written defence, should I give full info about the paying for sometime £ per month, and then when I requested to lower the payment due to financial hardship them refusing and saying I had broke my contract with them, and them not having ever contacting me apart from when I received the county court summons, and then say I had asked for a cpr31.14 give details of it being signed for and them not acknowledging or forwarding the requested info within the specified time, and request the case be struck out for non compliance from the claimant. or do I have to submit a defence and request the striking out separately.

 

Regards.

[citizenB]

Yes, if your claim was issued on the 28 November, and you have acknowledged the claim, then you have until 31 December to submit a defence.

 

andyorch, I am sure will help with a draft defence, which you can then amend to suit.

 

For the moment.. dont panic

[citizenB]

Here you go AA, courtesy of andyorch.. use this as the basis of your defence. If you are going to make any amendments, then please let us see them first

 

There are of course places where you need to enter Names/amounts and be consistent with the I's and we's..

 

 

 

Overdraft Defence

 

Defence

 

It is admitted that I held banking facilities with (Original creditor Name) and was opened on or around xxxx xxxx

 

It is admitted that the account was isolated due to unfair charges applied to the Overdraft

 

It is denied that we have failed to pay the sums stated, the sum stated consists purely of fees and interest added to the fees and not a debt incurred by ourselves.. It is denied (if it be alleged) that the Claimant has incurred any such fees and charges, alternatively that such fees and charges if incurred accurately represent sums incurred by the Claimant by reason of late payment. The incorporation of such fees and interest is penal and unenforceable at law.Which currently equates to £xxxxxxxxxx net of interest and compounded to £xxxxxxxxx

 

Notwithstanding the matters pleaded above, the claimant must under sections 76(1) and 98(1) of the CCA 1974 serve this notice before they can demand payment under a regulated credit agreement.The Claimant has not provided any Notice.

 

It is therefore refuted that the Claimant has complied, as far as necessary, with the pre-action conduct practice direction.It is contended that this defence will be plead using BCOBS as a basis of unfairness.

 

In the circumstances the facts and matters set out in the Particulars of Claim do not give rise to an entitlement to claim any of the relief now sought by the Claimant.The Claimant’s claim to be entitled to £xxxxxxx or to any other relief is denied.

[Artheratkins]

Thank you.

 

I phoned the courts and got through today, they confirmed that the deadline for defence is 31st December, I know this sounds a bit innocent, but does the above letter ask for the debt to be stricken off due to being treated unfairly and by them not following the stated guidelines to which they have to comply.

 

regards.

 

AA

[citizenB]

Thank you.

 

I phoned the courts and got through today, they confirmed that the deadline for defence is 31st December, I know this sounds a bit innocent, but does the above letter ask for the debt to be stricken off due to being treated unfairly and by them not following the stated guidelines to which they have to comply.

 

regards.

 

AA

 

It isnt a letter, AA, it is a Defence - and at this point no, it doesnt ask for the claim to be struck out for any reason. I suspect that this is not the time to ask this.

 

If, on receipt of your defence, the claimant decides to move forward with the claim, you will receive from your local court an Allocation Questionairre - you will have the opportunity to request the claim be struck out then.

[Artheratkins]

Hello,

 

Ive arrived home today to find a letter from a solictiors, :

 

Dear sir,

 

Sigma SPV1 Limited -v- Yourself

Claim number: xxxxxxxx

 

We refer to the above matter and acknowledgge receipt of your cpr31.14 request dated 1 december 2012.

 

We are currently in the process of obtaining copies of the documents you have requested from our client, and hope to be in a position to provide these to you by 4 January 2013.

We trust this is acceptable and we confirm that we are agreeable to an extension of time for the filing of your defence to Friday 18 January 2013.

 

Yours faithfully

 

HL Solicitors.

 

The letter is dated the 18th December 2012.

 

Can you advise me, are they able to do that, am I still within my rights, I gave them 10 days to acknowledge or reply and it took them 17 days.

[citizenB]

Sadly they will get away with it

 

It is your duty to inform the court of the extension.

 

Send the following letter to the court address on the claim form. Do check the address I have put below because it might have changed. You should also send a copy to the solicitor for their records. You might be able to email this to the court with a hard copy in the post. Keep copies for your own records and also to include in your bundle if the claim continues.

 

 

Her Majesty’s Court Service

County Court Bulk Centre

Northampton County Court

St Katherine’s House

21-27 St Katherine’s Street

Northampton

NN1 2LH

 

FAO: The Court Manager DATE

 

Dear Sir or Madam

 

Re:

Case No:

Claimant’s ref:

 

NOTIFICATION OF EXTENSION OF FILING DATE – CPR15.5

 

I have today received an email from (SOLICITORS) who are acting on behalf of the claimant in this case.

 

It was agreed that due to the fact they are unable to dispatch documents, vital to my defence until the 4th January 2013 , an extension in accordance with CPR15.5 will be appropriate.

 

The new filing date agreed with (NAME/SOLICITOR) is (NEW FILING DATE)

 

 

I trust this is acceptable.

 

 

Yours faithfully

 

 

Enclosed, notice from XYZ regarding extension.

[citizenB]

As regards to the extension, yes, you are able to agree up to 28 days extra between the parties.. any longer requires application to the court.

[Artheratkins]

Ok, thank you, im abit confused tho, what was the point in me sending them a cpr31.14 and advising they had 10 days to either produce documents or acknowledge the letter, they reply after 15 days and its still ok?

 

I understand that it tells them I am going to argue the process if it isnt correct, however what happens if they are able to locate copies of documents that I didnt receive? what would be my move then, I would be unable to prove I hadnt recieved them would I.

 

regards

 

AA

[citizenB]

Ok, thank you, im abit confused tho, what was the point in me sending them a cpr31.14 and advising they had 10 days to either produce documents or acknowledge the letter, they reply after 15 days and its still ok?

 

I understand that it tells them I am going to argue the process if it isnt correct, however what happens if they are able to locate copies of documents that I didnt receive? what would be my move then, I would be unable to prove I hadnt recieved them would I.

 

regards

 

AA

 

 

 

Yes, it is frustrating that you have played by the rules and they havent - sadly the courts expect both parties to battle it outside of the court first.

 

They should have been in possession of the documents prior to issuing the court claim, but they werent.

 

They should have responded to your CPR31.14 in good time, but they didnt and they will get away with that, simply because they have agreed to an extension. However, you can bring this up in court if it gets that far.

 

I am not quite sure what you are asking in the second paragraph ?