help with claim against my wife by Sigma spv 1 ltd

[AndyOrch]

What date is on the claim form?

[axident13]

hi andy

 

issue date is the 31st DEC 2013 thats in the box on the top right of the claim form

 

the date on the particulars of claim is this part

 

between HSBC Bank PLC and the defendant of which was assigned to the claimant on 21/12/2011

the agreement terminated upon the defendant(s) failure to comply with terms of the agreement and/or

statutory notice of default served by HSBCBankPLC

[AndyOrch]

Your SB period is 30th Dec 07 to 30th Dec 2013 so providing no payment or acknowledgment was made during this period then its SB

Payment made anytime in 07 before will have no effect.

[axident13]

ok Andy

 

if i went forward with stature barred as our defence and they found payments made between 30th dec 2007 and aug 2008 what would happen then?

 

i havent any paper work for those time periods..

[AndyOrch]

Then your defence would fail but they would have to prove the payments but as I stated 8 hours ago to be honest I doubt they can go back 12 months let a lone 5 years

[axident13]

hi andy

 

thanks for all your help so far:-D but the period between 30th dec 2007 and aug 2008 is really worrying me having found no paper work for that period

but like you said that i doubt they can go back 12 months let a lone 5 years.

 

registered on Experian credit expert for my wife to see if i could find anything on there to help us

and found this The terms of the credit agreement have not been met and the lender has set the account to default on this date. 16/03/2009 is there a time scale after a missed payment for a default to be issued??

also which is shame the account status detail only goes back 24 months so cant find out from there when we last payed them but does that also mean Sigma spv would only be able to see that far back??

 

thanks again for any help you can offer

[AndyOrch]

A default is normally placed after 2/3 missed payments ...which named company is on that default?

[axident13]

hi andy

on the list of account on Experian it says

lender- sigma red..... type-loan.....status default

 

after you click more details the box on credit report thing says just......default date 16/03/09

 

i'm sure the original letter would have been from Hsbc

but there not mentioned on the Experian report at all

 

HSBC are named on the ccbc claim form

 

"failure to comply with terms of the agreement and/or

statutory notice of default served by HSBCBankPLC"

Edited January 9, 2014 by axident13

[axident13]

re-----on the list of account it says

lender- sigma red..... type-loan.....status default

 

my wife is sure it was a credit card debit not a loan

but looking at the account number it must be a credit card strange

Edited January 9, 2014 by axident13

[AndyOrch]

Well as the debt has been assigned to Sig then there should be no reference to HSBC.

 

 

Im afraid I cant offer any advice with regards to the missing year Dec 07 to Aug 08 but the debt was assigned 21/12/11 so you would have to approach HSBC for information.

 

 

Regards

 

 

Andy

[axident13]

cheers Andy

 

will try to get in touch with HSBC by phone about see if i can find out the date of the last Payment

not holding out much look with them though think they will just refer us to speak to sigma

 

by the way is sigma apart of the hl solicitors umbrella? as hl where the first people who had the debit

Edited January 9, 2014 by axident13

[axident13]

hi all

 

just a update my wife rang HSBC to try to find out when she last made a payment on the account was passed on someone more senior who spoke to her asked her

details... account detail, security check etc.. but would go no further because she didn't know the expiry date on the card... how she was supposed to know that after 5 years is beyond me

 

anyway we are thinking of defending it stature barred and hoping they don't have details for our last payment

 

is there any other grounds on which we can defend this??????

 

thanks in advance on any replys

this forum is a real source of help to all of us with little knowledge of these things

[AndyOrch]

If you are defending on SB grounds you don't add anything further as a failsafe its either or not.

 

 

Andy

[axident13]

just a update on the thread

 

tried to send acknowledgment of our intent to defend all of the claim on the money claim online website

and the password wont work. rang the ccbc up they said it was something to do with the password being case sensitive but have tried it with the right capitals in and none capitals

still the same error comes up

so have taken a photo of the signed form and emailed it to them.they said i would have to get my wife to ring up tomorrow to make sure they received it ok

sent the photo by jpeg does anyone no if this is the right format or should it have been a pdf? the photo in jpg was very clear and you could read everything on it

 

what happens now?? do i have now to submit a defence within 14 days?? would be able to submit defence by email as i guess the online thing won't work again to do that

 

thanks in advance of any help

[AndyOrch]

Yes defence next.

 

Can I change my User ID or password?

You cannot change your User ID but you can change your password.

 

To change your password follow the steps below:

 

Login to the Government Gateway

Select 'Your Details'

Select 'Change password'

Enter your current password

Enter and confirm your new password

Select 'Change password'

Your password has now changed and is effective immediately.

Government Gateway Help

 

Regards

 

Andy

[axident13]

hi andy cheers for the reply

 

was able to log in to my gateway ok it was the the part on money claim where you put your claim no in and the password on the letter that was not working

dont know if changing my password on my gateway would make a difference

[axident13]

hi all quick up date

due too a very serious illness of my mum who is still in ICU we had almost forgotten to a defense for my wife's CCBC

the defense has to been in on 2nd of jan so i am going to Email to them asap.

 

My wife is very worried that the stature barred may fail as we have no way of proving

that any payments where made between dec 07 and aug 08.

 

i found the follwing defence on another thread which is some thing i suggested to her we could maybe use

 

An example draft Defence as follows:

 

1.This claim is neither admitted nor denied with regards to the Defendant entering in to an Agreement or contract referred to in the Particulars of Claim. The Defendant is put to strict proof as to the existence, execution and terms of any alleged Agreement or contract.

2. The Particulars of Claim are denied 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 or contract with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

3. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

4. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. The Defendant has no recollection of receiving a notice of assignment.

5. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that the Claimant is in default of a request for a copy of the executed agreement under Section 78 of the Act of the Consumer Credit Act 1974.

6. The Claimant has not provided a default notice to the Defendant as claimed.

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

any help or thoughts on this this matter would be great could she add to the above anything about it being stature barred??

 

thanks in advance on any help you can give

[AndyOrch]

Hope that should be 3rd Feb and not Jan...I personally would enter the SB defence.

 

" My wife is very worried that the stature barred may fail as we have no way of proving that any payments where made between dec 07 and aug 08."

 

And like wise they will also to prove you did.

 

Regards

 

Andy

[axident13]

cheers Andy

 

yes i meant Feb2nd think i will stick with the SB defense and see what they come up with.

 

if we lose what kind of things will judge ask us to do then repayment plan??? can the claimant make any demands at that point ie sale of goods or house????

[AndyOrch]

How much is the claim for...round figure?

[axident13]

hi Andy

 

£8,900

[AndyOrch]

Okay thank you

 

Well if you lose and judgment is passed ...its usually a forthwith payment order...you then make application to convert it to mthly payment.They can and will on that amount also go for an Interim Charging Order or Restriction if its a sole debt on a joint mortgage.

 

Providing you keep to your proposed monthly payment...there is little else they can do...if you never default on the payment you can even stop them making the interim final CO/Restriction.

[axident13]

cheers Andy

 

just noticed Financial Legal Issues threads at the beginning have a section on charging orders will give that a read

[axident13]

hi Andy

 

below is what i am gonna put in the email is it right

 

1 The Claimant's claim was issued on 31 DEC 2013.

 

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 action 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 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 £8905.81 or any other sum, or relief of any kind is denied

 

 

would the above be all she needs to put??

[AndyOrch]