split claim?

[rayin]

Hi Andy My situation is the same as factor 59. Sigma issued court claim in the same way for £299 + costs for a debt of about £1300 I decided to defend it and sent what the court regards as a denial and not a defence. What do I need to do to make it a defence? Please advice. Rayin

 

Repeat of what I sent you. Please advice

[AndyOrch]

Can you post up what you offered as your defence rayin? less any identifiable data.

 

Regards

 

Andy

[rayin]

Andy

 

This is what I offered as my defence.

 

1. I deny that I owe this amount.

2. The claimant has not furnished with me with any information in relation to this claim.

3. I challenge the right of the claimant to bring this claim against me.

I have the notice from the court to apply to set it aside. The deadline for that is today as it gives you seven days or they can enter judgement.

I need to complete form N244 and send with a fee of £80 by 4pm today 1st June.

I have the following thoughts on this.

1. The debt (credit card) has been sitting with the bank for so long and they have done nothing with it. The bank account was little used and this debt just set there in the background and I think it may have been over 6 years. Any mileage there.

2 The bank account is in joint names but I can't recall if the credit cards were in joint or singular names. The claim is only issued against me.

 

3. This is abuse of the legal process??

 

Any other items you can think of??

 

A prompt response would be appreciated.

 

Regards

 

Rayin

 

 

[AndyOrch]

Hi Rayin

 

Firstly you need to start your own thread not to hijack Factor59,s.Once you have done that then you need to post up the paperwork from the Court,I find it very puzzling that the defence was rejected judgment placed and they then tell you to set it a side.

 

Regards

 

Andy

[bh2362]

hi Rayin,

 

snap I got one as well for 299 these are being issued as bulk issue, just under 300 to avoid fees i guess.

 

 

Hi Andy My situation is the same as factor 59. Sigma issued court claim in the same way for £299 + costs for a debt of about £1300 I decided to defend it and sent what the court regards as a denial and not a defence. What do I need to do to make it a defence? Please advice. Rayin

 

Repeat of what I sent you. Please advice

[AndyOrch]

hi Rayin,

 

snap I got one as well for 299 these are being issued as bulk issue, just under 300 to avoid fees i guess.

 

Yes all close to SB mostly Overdrafts and all partial claims.An abuse of the Court Process.

contrary to s35 of the county court Act 1984

 

s35 Division of causes of action

 

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.

[bh2362]

Andy,

do you think this might me a little over the amount they paid to HSBC for the Debt and they are trying to get there monies back, or do you think they will try to claim more.

this would lead to multiple judgements if successful.

 

 

Yes all close to SB mostly Overdrafts and all partial claims.An abuse of the Court Process.

contrary to s35 of the county court Act 1984

 

s35 Division of causes of action

 

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.

[sillygirl1]

I bet they paid even less......

[AndyOrch]

Andy,

do you think this might me a little over the amount they paid to HSBC for the Debt and they are trying to get there monies back, or do you think they will try to claim more.

this would lead to multiple judgements if successful.

 

What do you think bh? and with regards to multiple judgments only to the recipients not registered to CAG and are unaware.

 

Andy

[DonkeyB]

Any updates on this?

[bh2362]

mines gotta be on monday andy so will be doing over the weekend.

[DonkeyB]

On the split defence issue, I posted this elsewhere...

 

Be a weeny bit careful with using ‘split claim’ as a defence. It’s not really a defence, but a highlighting of a potential abuse of process. It’s only a split claim when they chase the balance or state they will chase the balance legally. They could argue they only want part of what is owed.

 

Even the arch inventor of split claims, Bryan Carter, has now admitted that split claims are ‘morally unethical’, but also claimed they had been advised by counsel that their methods were legal (they were legal until they went after the rest).

 

In other words, I think that was Carter admitting they split the claim to reduce claim costs and hopefully get a judgment, then rely on debtors’ ignorance and misleading practices to get the rest. Which is exactly what I believe Sigma is doing.

 

Have a look at this thread, especially post #18.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?334544-Brian-Carter-Two-CCJ-s-one-debt-(same-account-number-on-court-records)-HELP

[rev.ian]

For some people it may be worth not defending a split claim.

If you know the debt is owed and the paperwork is all in order, a split claim can be a gift horse.

I had a £3,900 overdraft debt owed to Co-op Bank and thanks to good old Bryan Carter and his split claim I paid £390.

I got the court to order payments of £5 per month and then took pleasure in sending £5 of loose change each and every month (1ps-20ps all well shook up)at an average cost of £3.50 postage recorded delivery, to top it all I insisted on a statement of account every time. So I cost him time to count and bank the £5 and time and postage for the statement every month.

I don’t think he wanted to go back to court for anymore, I even telephoned Carter and more or less begged him. He sold the account to Arrow Global but I saw them off with one letter and a copy of the certificate of satisfaction.

Never let Carters excuse for a law firm get you down and have fun with them!

[phaitun]

LOL rev.ian thats the best post ive heard in a while

[DonkeyB]

For some people it may be worth not defending a split claim.

If you know the debt is owed and the paperwork is all in order, a split claim can be a gift horse.

I had a £3,900 overdraft debt owed to Co-op Bank and thanks to good old Bryan Carter and his split claim I paid £390.

I got the court to order payments of £5 per month and then took pleasure in sending £5 of loose change each and every month (1ps-20ps all well shook up)at an average cost of £3.50 postage recorded delivery, to top it all I insisted on a statement of account every time. So I cost him time to count and bank the £5 and time and postage for the statement every month.

I don’t think he wanted to go back to court for anymore, I even telephoned Carter and more or less begged him. He sold the account to Arrow Global but I saw them off with one letter and a copy of the certificate of satisfaction.

Never let Carters excuse for a law firm get you down and have fun with them!

 

Exactly my point rev – it isn’t technically a breach until they make a legal demand for the balance. But, given that they clearly want the whole balance, it is certainly unethical. Always one for the SRA.

[Pumpkinhead]

I just wanted to comment on part of your defence although it's just for reference now. Based on my own experience in court the unlawful repudiation/rescission argument does not work in these cases. When a contract is repudiated things go back to how they were in the beginning I.e. the creditor is entitled to his original loan or the amount of credit given back less of course any repayments made by the debtor.

[baileyboy]

Hi, you need to start a new thread since you have tagged your post onto someone else and you won't get the help you need otherwise.