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  1. Well it was the end of July when I received both Sigmas claim forms. I requested documents through CPR, which they sent me for one claim but nothing for the other. On the claim where they sent me something they offered a repayment plan. I ignored this and submitted my defences for both claims. It is now mid November and I have heard nothing. I am aware the next best thing to do would be to apply to court for a strike out, as they are parking the claims. Does this mean no one will ever be able to raise a court claim again for this supposed debt again, if a strike out is granted? Also is there any advise on CAG about how to go about applying for a strike out, as there is not much online. Also do you wonderful and knowledable people think this is the best course of action for me? Thanks in advance.
  2. Is the site having issues as my thread does not seem to exist any longer:???: Thank YOu
  3. Hi Guys It's been a while but I have today received a court claim from Sigma and HL with regard to an old M&S account. This was not a standard credit card account. It was what they called a reserve account. I had a cheque book and could draw down on it by writing myself or anyone else a cheque. Things went badly wrong in 2009 and I defaulted on all my unsecured credit accounts following the CCA request route. They did send me what appeared to be a microfiched application form in 2009 along with some t&c's that didn't appear to be part of the same document (my application form was portrait and the terms were landscape among other things) I sent a letter saying as the document was not legible I considered it unenforceable and gave them 21 days to send another legible copy. Before they received my letter they sent what at the time was considered a defective default notice and then a reply to my letter stating the considered it enforceable! Several DCA's and final demands later in January this year I opened a letter not addressed to me but to someone I had never heard of at my address (I recognised the letter as DCA) the letter quoted my account number and my outstanding balance but was in this other persons name telling them the account had been sold to Sigma back in December. I then 10 days later got another letter from Sigma explaining that they had made a mistake and they attached another letter from M&S (with the new date) telling my account had been sold this time my name was correct! So anyway todays claim is for interest only on the account since sold to Sigma at 8%. The total is for £299.99. I have dealt with a couple of court claims in the past but am a little rusty these days so I have a few questions. Any advice would be very gratefully received. What I have done in the past is requested information under SAR and filed an embarrassed defence as they do not comply with my request. This has always worked in the past but as I say things have probably moved on in the last year or so. Is this still the basic way to go or is there a better route? Another couple of points I am wondering about but don't know the answers to.... I cannot get this interest to work out. I apparently owe a little over £5k if I work out 8% pa then divide it by 52 and times it by 29(the weeks they've owned the debt) it is more like £250. Can I insist on a breakdown of their workings out? Am I right in saying they cannot claim for any more if this claim goes ahead? If so should I think about paying this to then stop them from claiming for the balance? But if I do that does that mean I am acknowledge=ing the debt and that the 6 years statute barred rule starts from now? There was some talk some time back about it not being legal to sell to a company not registered in this country. Is that the case if so are Sigma registered here although their address is in Jersey? Thanks so much for your time again guys. Cupcake Ps a link to my initial thread in case anyone is interested http://www.consumeractiongroup.co.uk/forum/showthread.php?197653-cupcake68-Vs-M-and-S
  4. My partner and I had a joint back account which went over the credit limit some nearly 6 yrs ago It was defaulted in 2009 We both received a similar letter to some on here Original joint debt was £1069 But both had letters for 299 plus costs £364.99 each Have already done AOC online but need my defence in by Monday 9th July As this was a joint debt and clearly not a Credit Agreement as stated on both claims form and not for the correct balance What should my defence say? Many Thanks
  5. Hi, after a long period of hearing nothing from any of my creditors I today have received a claim form 'part only' for interest due £299.99 from Sigma SPV. This appears to relate to an unenforcable M&S charge card that was converted to a credit card. I have previously CCA'd them and received an illegible copy of the original charge card agreement. I am assuming this is a ploy, they think I will pay the small amount which will then effectively acknowledge the debt. I intend to defend, can someone advise the best way forward with this? Thanks in advance.
  6. Hi everyone. I had noticed that I was not alone in receiving a claim for "part payment of monies due," on Friday 13th. As it seems to be identical to others, I was just going to follow the great advice given, but was advised to start my own thread. This was originally a Marks & Spencer credit card, which their finance dept transferred to a loan, when repayments got too difficult for me to meet (a few years back ). Anyway, it transpires that Sigma SPV1 was assigned to take on the loan in December. Issued 10 July 2012 POC: Part only of monies due under regulated Credit Agreement number ---------- Between Marks and Spencer Financial Services plc and the Defendant the benefit of which was assigned to the Claimant on 21/12/2011 The Agreement terminated upon the Defendant(s) failure to comply with the terms of the Agreement and/or the statutory Notice of Default served by Marks and Spencer Financial Services plc The Claimant seeks interest pusuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of the issue continuing at the daily rate of 0.07 Any payments or queries should be directed to the claimant on: Phone number ---- Email: Info@------ I have already acknowledged service online with giving my intention to defend all of the claim! I really don't understand why this particular stratergy is being used! The only letter received from this company, was an apology, because they had sent correspondence with my name to the wrong address. I suspect there may have been others, as I have returned a number of letters unopened, which have arrived over the past few months, due to the envelopes being addressed to an unknown person. So next step - do I now ask them to reveal their evidence? Also, by what date should my defence be prepared by? Many thanks LEYLA
  7. Hi All need some hand holding on this as this has been a while since i have had to do this. right here we go......... Claim for received from Sigma Today claiming part monies from an an agreement, this is an old bank account I used to hold. the amount is like a 3rd of what I owed on the original Debt. its come from MCOL so the POC are vague. I have acknowledge it today and am sending the CPR request today!! I havent heard of these part claims before it seems its a new trick by Sigma! can anybody assist in what to do next??? thanks
  8. Hi All My situation is very similar to others who have recently received Claim Forms from HL Legal on behalf of Sigma who are claiming "part of monies due....." The POC is exactly the same as the others I've seen in the last few weeks on here and is asking for £299.99 plus court fee and solicitor's costs with a total of £364.99. This relates to an M&S Credit Card which was upgraded from a Storecard and I'm pretty sure they are on dodgy ground with this following the recent case involving a Harrods card. I've completed the Acknowledgement of Service on line and stated that I intend to defend the entire claim. Although I have a copy of the original "application form" on which this claim is based (they refer to it as an agreement) I will be sending them a CPR31.14 request and advise everyone else in this situation to do the same. I will also be advising HL in the same letter that: (a) the account was in dispute and so should not have been assigned (b) that the "agreement" they refer to is unenforceable in that it does not contain the prescribed terms © that Sigma have no legal right to action as the debt was not assigned correctly During the days when M&S were handling it they also sent at least two Default Notices which were faulty in that they did not allow sufficient time for redress. I agree with others on here that this is Sigma just shaking the box to see who will easily cough up £364. They've been sending out loads of these claims. I reckon they will back off once they see a defence will be or has been lodged and when they get my letter. I was tempted to ring them and ask "without prejudice" of course for clarification of their intention behind claiming for only part of the monies due and enquire whether this meant that if their claim was paid that they would officially call it quits and write the rest off. However, I think this may be too risky.
  9. Hi all. Yet another identical Sigma/ H L legal split monies claim here, received friday the 13th of July to which I immediately logged onto MMCOL to say I would be defending the whole of the claim and CPR 31.14 and CPR part 18 requests to H L Legal sent recorded today. It is identical to all the other claims seen on here recently but thought I would throw my hat in the ring in the hope that it may help others. This is an almost 4 yr old debt that Sigma have bought from HSBC. POC part only of monies due under regulated credit agreement between HSBC Bank plc and the defendant the benefit of which was assigned to the claimant on 21/10/11...wont bore you all with the rest as it reads exactly the same as others and the sum claimed is for 299.99. Anyhoo this account became a formal account in dispute on the 31/10/2008. I sent a CCA 1974 request to HSBC on the 14/10/2008 ( i still have the RD receipt) I heard nothing after 14 days had past so sent them a letter warning them that this was now a formal account in dispute, I heard nothing more until 21/4/2009 I got a letter from D G Solicitors acting on behalf of HSBC thanking me for my recent updated letter concerning my request for a copy of my credit agreement (HUH??) I didn't write to them i didn't even know of their existence,and that they are sorry for any delay caused in responding to my request never heard another thing until now..and I know that the amount is expedentially greater than the amount being claimed. I know this because it says so on the top of the afore mentioned D G solicitors letter. So their you have it I have read loads of other threads concerning this same matter and advise given so I am pretty clued up but any further advise/input is always gratefully received...... Nana
  10. Hi, I would like some help with a county court claim I havereceived on the 10th july which I have acknowledged today online. Here are the POC Part only of monies due under regulated credit agreementnumber xxxxx/ xxxx between HSBC Bank plc and the defendant the benefit of whichwas assigned to the claimant on 20/12/2011 The agreement terminated upon thedefendants failure to comply with the terms of the agreement and/or thestatutory notice of default served by HSBC Bank plc. The claimant seeks interest pursuant to section 69 of thecounty courts Act 1984 at the rate of 8% per annum from the date of issuecontinuing at the daily rate of 0.07 any payments or queries should be directedto the claimant on xxxxxx. I will send a CPR31.14 which I wrote with the help ofsamples from this site, But I would like some help writing a CPR18, how would I putthe wording to request the full amount of the monies owed. thanks
  11. I've received a claim from Sigma worded like everyone else;-part monies, interest to be charged etc, etc. I replied with my intentions to defend on the 13th June via internet courts received it on the 14th June. I sent a CPR 31 request on the 20 June the solicitors received & signed for on the 22nd June. No response to date. The debit I think was for a credit card which I went through the letter writing stage with the help of to name just a couple, Johnneymitch & Vint1954 under thread HSBC; Helped needed back in 2009. I've read through all the other Sigma threads but I'm not sure (because I'm totally confused now:! what I should write as a defence. Any help would be gratefully recieved due to having to submit a defence sooner rather than later. I'd rather its short & to the point. As per my previous letter writing, CCA request + SARs request, a lot of information was missing & letters were just going back & forth so I left it in dispute for failure to supply what they should have. If that all makes sense.
  12. I've rung HL Sigma "solicitors" today in response to the claim form I recently received. It's exactly the same as everyone else's on here. I realise that someone at HL or Sigma could read this and work out my identity but I'm not bothered about that as I only use this name on here for very special purposes. I recorded my telephone call and advised them of this and also that I do not acknowledge any debt etc and explained that I wished to hold the conversation on a Without Prejudice basis. Once they fully understood what this meant, here's what I asked and they told me but note for ease of use it is not verbatim. 1. Why is the claim for part monies? ANSWER - To keep costs and fees to the minimum 2. If this claim is paid will that be the end of the matter and the alleged debt taken as settled? ANSWER - No, we would expect to arrange a payment plan based on the first claim having been settled. Thought those in the Sigma boat might find this interesting and helpful when deciding what course of action to take. Personally I will be defending as the alleged agreement in my case is totally unenforceable as it doesn't contain any of the prescribed terms.
  13. As one of many caught up in sigma's latest antics with a part claim I'm about to submit a CPR Request to them. What's a reasonable time to allow for a response guys? Seven days like a CPR31.14 [my preference- I mean they should have all this info at their fingertips] or fourteen, as I've seen mentioned in a couple of places?
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