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

[citizenB]

It is things like that you will need to include in your rebuttal statement, AA

[Artheratkins]

[ATTACH=CONFIG]42142[/ATTACH][ATTACH=CONFIG]42143[/ATTACH]Hi,

 

uploaded timeline, and copy of reply to CPR31.14. Not entirely positive of the early date but they are all correct within around 4 wks.

[citizenB]

Can you tell me how you got from an £800.00 overdraft to owing something like, £8,000 ?

[citizenB]

Do you have a court hearing date, please ?

 

You need to get your rebuttal WS to both claimant and court at least 7 working days prior to the hearing.. .

 

The timeline is bizarre isnt it ?

 

I will have a think on it.

[Artheratkins]

Hi

 

I dont have a hearing date, all I know is that my AQ had to be received by today 4th March, I sent that back with the draft order that andyorch posted up for me. What seem to be even more bizzare is I sent the CPR31.14 recorded delivery, and they replied to it, but in their defence reply they deny they recieved it. And then they send a Notice before action letter 6 weeks after the intial court summons had been received and that went to my previous address even though I had been receiving communication at my present address!!

 

I honestly dont know how the amount got to that! I know I exceeded it they were allowing DD to go through even though I was at my limit, I rang and again extended the overdraft on their recommendation, to avoid the huge charges they were charging, I went through the whole incoming and outgoings details again and they agreed another limit.

 

I withdrew from using the account, had all my DD moved and set up on a halifax account with no overdraft facility, and later after getting myself organised arranged a plan to pay the overdraft, by which time I received a letter requesting I send back my cashpoint card and cheque book, which I did which is how it was left. so when in september 2008 I contacted them to enquire about a statement thinking that the overdraft must nearly be paid and reducing the payment.

 

AA

Edited March 4, 2013 by Artheratkins

[Artheratkins]

Hi,

 

Can I send further information to the courts, Looking over Sigmas defence reply they have sent loads of Exhibits, i.e copy of letters they have sent to me at my previous address.

 

I wonder if I am able to add to my AQ, I know the deadline was yesterday, or do I have to wait now and see what happens, and then do it in rebuttall, when do you submit a rebuttall statement?

 

thank you

 

AA

[AndyOrch]

You can add further when you submit your Witness Statement AA.

 

Andy

[Artheratkins]

Hi Andy,

 

Thank you for your reply. Would you or CitizenB or anyone else with the knowledge, just list what I need to expect to happen from here, AQ has gone in, I have received Claimants defence, I have been given no court date as yet.

 

I have more info I want to submit, as you say in witness statement, and evidence.

 

Date for AQ was 4th March, would you mind listing what should happen and what I should do, it gives me some time to think about it and know what to expect rather than being in the dark about whats going on.

 

Very Kind regards

 

AA.

[AndyOrch]

Once the Court has both AQs and the DJ appointed has reviewed the particulars he/she will issue directions.This will be by the way of a Notice of Allocation...it will have the time table and dates both parties must comply and exchange and of course the Trial date.

If both parties have opted for settlement then he may put it out to mediation and stay the claim for a month with a view to both of you narrowing any differences or possibly reaching settlement.

 

The NoA will reveal all.

 

Regards

 

Andy

[Artheratkins]

Thank you. I will wait to hear.

 

AA

[Artheratkins]

Hi,

 

I havent heard anything as yet! i assume this is normal timing?

 

regards

 

AA

[citizenB]

Hi,

 

I havent heard anything as yet! i assume this is normal timing?

 

regards

 

AA

 

As most courts are behind in their admin by about 7 - 10 days, then they will likely just have got around to looking at the AQ's, AA.

 

So give them say another week and if you havent heard anything, telephone the court just to ensure that nothing has been sent out, which you havent received!

[Artheratkins]

hello,

 

I received a letter today, the case has been referred to my local court for allocation and judges direections.

 

So will wait to hear.

 

AA

[citizenB]

Next you should receive the Allocation Questionairre

[Artheratkins]

Hello,

 

another one?

 

I recently did a allocation questionaire, well then end of february. Would I have to fill in another one?

 

AA

[citizenB]

Hello,

 

another one?

 

I recently did a allocation questionaire, well then end of february. Would I have to fill in another one?

 

AA

 

 

Yes, of course you did. No, you wont get another one - you will simply receive notice of the hearing date - if there is going to be one. Ignore me !!

[AndyOrch]

Notice of Allocation next AA this will outline the dates /time table and directions and trial date.

 

 

Regards

 

Andy

[Artheratkins]

Hi,

 

Hello I have some time on my hands at the mo, would it be good practice to get my paperwork etc in order whilst awaiting notice of allocation.

 

I have copies of all communication since notified of court action, and also a basic timeline of events from very begining. Is there anything I should have ready?

 

regards

 

AA

[citizenB]

Yes, I would AA - You might also want to make a list of the actual paperwork, just in case you have to disclose by list.

 

Whilst you are going through it, you could ensure that there are no issues you have missed previously

[Artheratkins]

Rightio,

 

will get on with that today, I have wracked my brains and memory for anything that may have been linked and can not recall anything, just looking through all the paper work they sent as evidence and they returned pages of bank statements, all that is on any of them is the total amount outstanding and my monthly payment going in (until I stopped it) and the interest they added monthly, there is no statement of how the amount was built to the amount it started with, however to my advantage it clearly shows my payment regulararly being paid in, and I clearly remember the letter and the reason I stopped paying it.

 

Of course now I know even that in the present climate even if I paid £1 into the account monthly they wouldnt be able to take this action, however at the time I had no idea of the amount and they hadnt informed me even when I asked for a statement.

And that along with the fiasco, of where on earth they say they were sending letters, even after court action had began and I acknowledged, I think is a big enough reason why this should be given the benefit of doubt, and accuracy on their part. (and thats putting it nicely).

 

I accept I owed an overdraft, and I remember it being around £800 - 900, however clearly over a years worth of £100 payments should have cleared it, and if by some mystical way i do actually owe more than that, then they have an obligation to keep me fully informed and notiifed, so as much as I should have kept paying, they should have given me statements and allowed me to have limited online access to the account.

 

I will accept responsibility (as far as my income allows) however I want proof of where the amount comes from, and what exactly its for, and why write to me at my new address, and then (so say) send notification letters before and after court action began to my old address.

 

just found 2 letters in sigmas evidence sent to court, 2 letters that are supposed to be copies of the ones that were sent to my old address and copies they sent to me in their paper work in february have same dates but different date formats, the ones in the court defence pack are supposedly photo copies

 

If anyone has any information of court language that would help me, please let me know, however the more I go over this in my mind, this whole thing is scandelous and ridiculous and I really wont sit here and accept it without hard evidence, and up to now I havent received anything that is in anyway convincing me of that.

 

AA

Edited April 2, 2013 by Artheratkins

[citizenB]

In the link below you will find some guides written by the Judiciary that will help you.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387265-Bar-Council-publishes-guide-for-LiPs(2-Viewing)-nbsp

 

All designed for the Litigant in Person

[Artheratkins]

Thank you,

 

Ive downloaded a document that relates to representing yourself in court.

 

In your last reply you mentioned about a list of documents/paperwork I actually have, making a list of of these.

 

Do you mean just a straight forward list starting with the first contact i.e. receiving the claim in november.

 

i.e. 30th november - addressed to (my address) Court claim received.

 

1st December copy of CPR31.14 sent to Sigma spv, including proof of receipt.

 

7th December 2012 copy of Acknowledgement of service.

 

20th December 2012 Letter from H L Solicitors confirming receipt of CPR31.14 request, requesting extension of time to 18th January 2013

 

And then when I get to the paperwork they sent back to me on the 14th feb which was copies of letters, to do it like this:

 

14th February 2013 Letter from HL Solicitors containing copies of :

 

* (give list of letters individually and dates and include address they were sent to including the most recent letter of the 21.1.13 also sent to my previous address after court action had started)

 

regards

 

AA

[citizenB]

AA, that's the style. Anything that you are going to be using in court via your Witness statement.

 

The court sometimes ask for the parties to advise by list, the documents that are going to be used.

 

The list enables both parties to see what the other is relying on and if there is something on their list that you would like to see, then you can ask for it and vice versa.

 

Hope that helps

[Artheratkins]

ok,

 

So should I also list the anomolies? diff date format than on my copies on the copies sent for their defence and so on.

Can I also on the list, star the documents asked for and what I actually received, as they didnt keep to any of the time frames for providing the CPR31.14 requests and also when I did receive any paper work, it didnt include the copy of the agreement/overdraft facility confirmation of terms and conditions - not entirely unexpected being as I never signed one, and also on the statement of account just shows amount outstanding for 6 months nothing on the build up to that amount, and also they keep referring to it as a credit account, but it was a current account>

AA

Edited April 5, 2013 by Artheratkins

[citizenB]

I guess there is no harm in that