help with claim against my wife by Sigma spv 1 ltd

[axident13]

Hi and a happy new year to everyone

 

i need help dealing with a ccbc claim against my wife

 

her Problem is with SIGMA SPV 1 LIMITED

she received a court claim form dated 31/12/13 from Northampton Court

from a company called SIGMA SPV1 LIMITED claiming that she owes them £8905.81

the debit is from a HSBC credit card she had. we where in a over our heads and could not to afford to pay it so dug are heads in the sand hoping it would go away they kept piling on the interest

 

I have read some of the forums and will be sending them a request for details letter via email and post

 

I have until the 14/14 I think to file a defense to the court but having received no documents I really don't know what to write

Can anybody help with my defense please ? and give me any advise on what I should do next?

 

i think we had something simlliar before but ignored it after i put the details in the court thing and there was no record of the claim. is there a way to tell if this is genuine claim this time

 

Thank you in advance

[axident13]

bump

[axident13]

sorry to bump it to the top just getting a bit worried on how to proceed with this with out some advice

[AndyOrch]

I afraid we cant really advise on the reasons you are defending until you tell us why you are defending and what your dispute is axident.

 

 

Regards

 

 

Andy

[axident13]

hi andy

 

are dispute is that there has been no payments on the account since 2007 would this make the account stature barred?. all so have never received a copy of the original credit agreement.

 

was going to send of a CPR 31.14 to them tomorrow.

 

are the above reason to defend this.

 

was going to reply to the defence thing through the online option just need to know what to put in the reasons for defending box on the online form.

 

thanks for any advice

[AndyOrch]

If you are content that it is Statute Barred simply type the following into MCOL:-

 

 

1 The Claimant's claim was issued on ( insert date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of X years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied

 

 

 

 

Regards

 

 

Andy

[axident13]

hi Andy cheers for the reply

 

we have not made a payment since i think before July 2007 time wise does this make it statue barred? we were hassled on the phone by Hl solicters who took over the debit from Hsbc and had to change our phone number to stop the hassle

 

"In principle, a debt cannot be enforced after 6 years from the date upon which it became due.

The 6 years runs from the last time that the debt was acknowledged in any way or from the last time that a payment was made towards the debt.

Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment.

The relevant law is contained within the Limitation Act 1980"

 

what does the part in this about "The 6 years runs from the last time that the debt was acknowledged in any way" mean? would that only apply if we had made any payments or does it mean if we had talked on the phone to them?

 

can you defend it on two points IE being enforceable due to no original CCA?

 

cheers Andy your help is greatly appreciated

Edited January 6, 2014 by axident13
spelling wrong

[mjt2013]

You can defend on more than one basis if you like.

 

For limitation purposes there must be six years without payment or written acknowledgment of the debt. A telephone call is not sufficient to stop time running.

[axident13]

cheers Andy

 

do you mean written acknowledgment of the debt by us?

 

we have had letter from Hl soliciters and sigma SPV over the last 6years. would this change it? we have never acknowledge the debt by letter

 

does defending it on more than one basis help or hinder in your opinion?

Edited January 6, 2014 by axident13

[axident13]

bump

[AndyOrch]

I can only repeat my advice in my first post ...if you are content that the debt is SB ( no acknowledgment/payment for a period of 6 years) then it is SB...you only need to submit the defence I proposed.....

[axident13]

cheers for the reply andy

 

im still a bit confused on the no acknowledgment part of it ie we have had letters from Hl soliciters and sigma SPV over the last 6years. would this be classed as acknowledgement? or is it acknowledgement on our part?

 

sorry for being a bit dumb on this part its all confusing

[AndyOrch]

On your part...they can write until the cows come home.

[axident13]

thanks again andy

 

will fill the the MCOL thing in tomorrow with what you put.

what will happen after that?

[AndyOrch]

They will either accept and withdraw the claim or they may challenge you and wish to proceed...this can take up to 28 days so use the time to gather your info from your statements and paperwork to enforce your defence.

[axident13]

thanks Andy

 

to be honest with it being over six years ago. don't think we have any paper work.

what sort of paper work do you mean?

[AndyOrch]

Any proof that no payment has been made by you within 6 years...bank statements...don't be surprised if they conjure up a payment and claim you have made one...that's were your preparation will come in.

[axident13]

thanks andy

 

we changed banks at the time of us stopping paying them so hopefully will be able to go back that far and get statements

[axident13]

update on this aaaaaaaaaagh

 

having gone back and checked when we changed banks it was in august 2008 not 2007 as i thought.

there is no payments gone out to them after the new account was set up in aug 2008.having turned the house up side down looking for paper work before aug 2008 and cant find anything

only a old mint card statement we had paid in march 2008 which has nothing to do with this but shows me where were paying somethings in 2008 we where in a mess financially at that time

phone calls letters trying to keep afloat.

 

would there be a way to check with our old banks for statements about this as the accounts where shut down with us owing them money. too like i said we where in a mess at the time.

one of are banks was HSBC who the original card debit this is about was with. would contacting them be classed as acknowledgment on this debit?

 

any help or suggestions would help

[citizenB]

There is no harm in telephoning HSBC and asking them, when payments were last made to the account.

[AndyOrch]

I wouldn't really concern myself to be honest I doubt they can go back 12 months let a lone 5 years

[axident13]

thanks citizenb

 

would contacting them be classed as acknowledgment of this debit?

[axident13]

hi andy did you mean about phoning hsbc or where you on about the stature barred thing

[AndyOrch]

About the statements for 2007 you cant find.

[axident13]

ok Andy

 

if i went forward with stature barred as our defence and they found payments made between oct 2007 and aug 2008 what would happen then?

is the original default notice issued by HSBC part of this because they would surely have that at least or a copy of it? or is it just they have to find the last payment details