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    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
    • Lovely stuff.    1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   I will get this put into the defence section. Thank you again.
    • just remove the 2nd part where you mention some reply.
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piggywinkle

Sygma/Creation Finance being difficult

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My first post here, so please bear with me...

 

I have been out of work now for just over a year, when I had taken out my debts, I was in a well-paid job and could comfortably afford the repayments. My circumstances changed when I had to give up work and I was no longer able to afford my minimum payments - debts totalled 17k over 4 CCs and 1 loan.

 

Contacted StepChange who helped me put together my I&E forms to send out and all but one accepted my token offer of £1 payment - Sygma (or Creation Finance).

 

They have been a nightmare from day one - I've been harassed on the phone by them and had to send a letter asking them to remove my number under the DPA. Then they were wanting to know the details of what car my husband owned - when I explained to them that it was my sole debt and that I had taken out the CC before we even met, let alone got married, they weren't interested and accused me of being deliberately evasive.

 

I used to call them up, but they were like attack dogs on the phone and one guy in particular called me a liar and said that my husband could probably cover my debts, but I was being deliberately unhelpful to them (his words were, 'some people genuinely need our help and some people just want to get out of paying their way :!: ). He got really nasty, I had a good cry after I'd come off the phone and I'm not an overly emotional person.

 

Fast forward to now, they are asking to see 3 months of wage slips (I don't work), 3 months of bank statements and any claims of benefits I receive. I told them that I have no wage slips, and any benefits we receive go into my husband's account as a joint claim (we only get child benefit and a small amount of CTC). As for the bank statements, I asked StepChange and they effectively told me to inform them to go whistle.

 

Sygma replied today, saying that they need 3 months' worth of my bank statements, as well as 3 months' worth of my husband's bank statements, because that is where our benefit payments go. If I don't then they will continue to apply interest, default charges etc. to my account which will result in the balance increasing to unmanageable amounts and will be passed on to a DCA or followed up with court proceedings.

 

If you've got this far, well done. Question is, what do I do next? There's about £25 in my bank account, but my husband has said that they'll see his bank statements over his dead body. I wouldn't mind if he was on a footballer's wage, but we're downsizing to a new house next month as we're just about breaking even each month where we are at the moment, so it's not like we have loads of spare cash between us.

 

Any advice?

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they have no legal right to see ANY of yours or hiubby's pers details - end of.

 

is this debt on your CRA file?

how old is the card?

ever sent them a CCA request?

ever thought of reclaiming penalty charges & PPI?

 

stay off that phone too.

 

dx


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I would let it go to a DCA =, maybe you'll have a little more joy dealing with Sygma....

But then again i dont know...if it does go to court then im pretty sure that they will find in your favour.

 

Now my concern being that Sygma are requesting certain documents.... This is a big no no under UK Law and can only be enforced in Court on in extreme circumstances.

Tell them to go whistle and do everything in writing.... FMI whats the debt for and amount? Loan or CC?


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they have no legal right to see ANY of yours or hiubby's pers details - end of.

 

is this debt on your CRA file?

how old is the card?

ever sent them a CCA request?

ever thought of reclaiming penalty charges & PPI?

 

stay off that phone too.

 

dx

 

Like you,

StepChange said that they have no legal right to see any bank statements etc.

but they're telling me that they're going to keep billing me for my contractual payments

and subsequent default fees (which ironically took me over my original credit limit = more penalty charges).

 

Yes, the debt is on my CRA files.

I took the card out in 2006.

I've never sent them a CCA request to be honest,

as when we move, any 'spare' money will be going towards my bankruptcy fees (which I haven't told them) so I didn't see the point.

Is it still worth doing?

 

I never opted into any PPI with them either so that's a dead end.

Edited by piggywinkle

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I would let it go to a DCA =, maybe you'll have a little more joy dealing with Sygma....

But then again i dont know...if it does go to court then im pretty sure that they will find in your favour.

 

Now my concern being that Sygma are requesting certain documents.... This is a big no no under UK Law and can only be enforced in Court on in extreme circumstances.

Tell them to go whistle and do everything in writing.... FMI whats the debt for and amount? Loan or CC?

 

I thought a DCA may be easier to deal with than Sygma

- they have just been completely and deliberately obtuse from the get go.

 

I have been doing everything in writing though,

and I request to continue doing this at the end of every letter I send to them.

They invariably write back with, 'please call us on... to discuss your case further.' Errrr, nope!

 

The debt is for a CC.

The amount outstanding now is £2135.

It was just under the 2k credit limit before they started whacking penalty charges on for me being over my limit

(I was over my limit because they were putting on late payment fees for me paying less than my contractual payment!)

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then sar them and get reclaiming.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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When was this defaulted?


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When was this defaulted?

 

Last August. I have been paying them token payments of £1 per month since.

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dx100s advice is what you need to follow, do you know what the charges are currently?


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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dx100s advice is what you need to follow, do you know what the charges are currently?

 

Their default sum fee is £12 and so is their overlimit fee.

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My first post here, so please bear with me...

 

I have been out of work now for just over a year, when I had taken out my debts, I was in a well-paid job and could comfortably afford the repayments. My circumstances changed when I had to give up work and I was no longer able to afford my minimum payments - debts totalled 17k over 4 CCs and 1 loan.

 

Contacted StepChange who helped me put together my I&E forms to send out and all but one accepted my token offer of £1 payment - Sygma (or Creation Finance).

 

They have been a nightmare from day one - I've been harassed on the phone by them and had to send a letter asking them to remove my number under the DPA. Then they were wanting to know the details of what car my husband owned - when I explained to them that it was my sole debt and that I had taken out the CC before we even met, let alone got married, they weren't interested and accused me of being deliberately evasive.

 

I used to call them up, but they were like attack dogs on the phone and one guy in particular called me a liar and said that my husband could probably cover my debts, but I was being deliberately unhelpful to them (his words were, 'some people genuinely need our help and some people just want to get out of paying their way :!: ). He got really nasty, I had a good cry after I'd come off the phone and I'm not an overly emotional person.

 

Fast forward to now, they are asking to see 3 months of wage slips (I don't work), 3 months of bank statements and any claims of benefits I receive. I told them that I have no wage slips, and any benefits we receive go into my husband's account as a joint claim (we only get child benefit and a small amount of CTC). As for the bank statements, I asked StepChange and they effectively told me to inform them to go whistle.

 

Sygma replied today, saying that they need 3 months' worth of my bank statements, as well as 3 months' worth of my husband's bank statements, because that is where our benefit payments go. If I don't then they will continue to apply interest, default charges etc. to my account which will result in the balance increasing to unmanageable amounts and will be passed on to a DCA or followed up with court proceedings.

 

If you've got this far, well done. Question is, what do I do next? There's about £25 in my bank account, but my husband has said that they'll see his bank statements over his dead body. I wouldn't mind if he was on a footballer's wage, but we're downsizing to a new house next month as we're just about breaking even each month where we are at the moment, so it's not like we have loads of spare cash between us.

 

Any advice?

 

Hello. I have the same problem. i was trying to speak to them so many times, they are so rude and that's makes me upset. Just wanted to find out did you sort it out? What did you do? Kind Regards Ingrid

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hi

you wont get seen here

 

better to start a new thread

of your own

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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