Sigma spv 1 ltd vs myself

[tttf]

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

[AndyOrch]

Hi tttf and welcome to CAG

 

If you post up the summons or type up the Particulars of Claim verbatim less any dentifiable data.

 

Regards

 

Andy

[tttf]

Ok i need to send this off today (06/07/12) so a swift reply would be appreciated

 

 

Particulars of claim

 

Part only of monies due under regulated Credi (SPELT WITHOUT THE T!) agreement number xxxxxxxxxxxxxx Between HSBC Bank Plc and the defendant of which was assigned to the claimant on 21.12.2011

The agreement terminated upon the defendants failure to comply with the terms of the agreement and/or the statutory notice of default served by hsbc bank plc

 

The claimant seeks interest pursuant to sectioon 69 of the county courts act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.07

 

Any payments or queries should be directed to the claimant on 0xxxxxx or email xxxx

[AndyOrch]

DEFENCE

 

1. Paragraph 1 is nether admitted or denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement. Furthermore any claim for partial monies is averred Contrary to s35 of the county court Act 1984 s35 Division of causes of action.

 

2. Paragraph 2 is noted with regards to termination of the alleged contractual Agreement , the Defendant has no knowledge, therefore the Claimant is placed to strict proof there of.

 

3. Paragraph 1 is 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 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;

 

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

 

5. On the alternative, if 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.

 

6. 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.

 

Regards

 

Andy

[AndyOrch]

Fast enough? Copy and paste into MCOL for both summons.Print off your receipt.

[tttf]

thanks

 

ive forgotten the username and password for mcol

 

what to do

[AndyOrch]

Its on your summons top right.

[tttf]

Thanks Andy

 

Couldnt find details for log in on MCOL

 

Called helpline they said could email in so did that and have receipt too

 

Bizarely post came this morning a letter each both different balances

 

will attach it in a moment

 

called them and said i have 33 days to respond

 

told account was on hold at the moment LMFAO

[tttf]

Hold on

[AndyOrch]

Too small tttf

 

Convert it to pdf never use jpg

[tttf]

here you go easier to type it lol

 

 

 

 

We are disappointed that you have not replied to the claim form issued against you recently via Northampton C C

 

We are now at liberty to enter default judgement against you for the full amount claimed together with interest to date of judgement and costs,

 

BLA BLA BLA

[AndyOrch]

Well you have submitted your defence in time so its a shame they wont be on this occasion

[DonkeyB]

Oh dear. Sigma (HL Legal in disguise) are fast becoming the HFO/BryanCarter/Arrow of 2012. Nice complaint to the OFT and Trading Standards. Did that come from Sigma or HL? If HL, then also a complaint to the SRA about this letter and the split claim.

[pinkpink123]

Hi, please could any one help me at all. I receievd a letter exactly the same wording as tttf's. I had a joint account that was was in a overdraft for 1000 pound with an ex years ago (hsbc). I recieved a letter today which i can only presume is to do with that as when we split the account was just left. I dont know if my ex has had the same letter but funnily enough my letter is for 299.99 court fee 15.00 total 364.99.

Its from Sigma Spv 1 limited. Funnily enough the the wording is exact, spelt without the T on credit and the date of 21/12/2011 for when it was assigned to the claiment (strange) ???

As i say i recieved this today and im at a loss as to what to do. Did you defend your self following the below instructions and what was the outcome.

Your help would be gtreatly appreciated.

Thanks

Lisa