Debt advice - agreeing an affordable payment plan - now have a Claim form

[PGH7447]

which sygma card does this relate to?

[honeybee13]

I will ask that this is moved to the legal forum, so that other more experienced caggers in legl matters can advise, however you must acknowledge the court c,aim within I believe 14 days and defend all.

 

I will be back later

 

Done.

 

My best, HB

[Stigman]

Edited and Deleted by Stigman

[stevenuboat]

which sygma card does this relate to?

 

This relates to the Silver card.

Thanks

[PGH7447]

OK acknowldge on line and defend all, send the climents solicitor a cpr31.15 (i believe) request and demand all the info mentioned in the particulars of claim (POC)

 

ie

 

the default notice

 

send this to drydens

 

in the meantime sar sygma for all statements etc for this account, lets see if any ppi or charges can be claimed back

 

take time to read other threads about going to court so you have an understanding of what is occuring, once you acknowledge and defend all you have 28 days to submit a defence so you wont have time to get the info back from the sar, but this could be used for a counter claim

 

part of your defence unless I am totally wrong here could be how can a company provide 2 cards to the same person if due diligence was not carried out, assuming this is the second card she had

[AndyOrch]

OK acknowldge on line and defend all, send the climents solicitor a cpr31.15 (i believe) request and demand all the info mentioned in the particulars of claim (POC)

 

CPR 31.14.

 

Regards

 

Andy

[westfield]

Two questions.

Did you get a letter before claim sometimes called a letter before action.

 

Also you said you had sent off a cca request. Have they complied with it? Non compliance is an absolute defence i believe

[PGH7447]

always get my cprs mixed up DOH

[stevenuboat]

Hi,

 

The history of the correspondence is as follows:

 

Aug 3rd - Received missed payment letter

Aug 12th - Sent hold letter requesting 28 days whilst explore options because of financial difficulties

Aug 13th - Received missed payment final notice

Aug 20th - Received letter confirming receipt of my hold letter. Refused to stop interest or to any potential reduced payment plan

Aug 21st - Received Default notice letter (demand payment of arrears before 9.9.12)

Sept 5th - Received Sept account statement

Sept 10th - Received letter stating it has been passed to debt recovery dept and account terminated and balance now due in full)

Sept 10th - Received payment chase

Sept 17th - Doorstep collection threat

Sept 22nd - Sent CCA request

OCt 4th - Received CCA (uploaded with comments earlier in the thread)

Oct 12th - Received payment chase letter

Oct 12th - Sent income and expenditure and offer of payment (pro rata to all my creditors)

Oct 12th - Sent harrassment letter asking them to only contact in writing

Oct 15th - Received letter threatening to take legal action (CCJ) if no payment within 14 days

Nov 12th - Received Court Claim letter (also uploaded on this thread).

 

All letters I have sent have been via recorded delivery. I have not a response to my income and expenditure and offer of payment sent on Oct 12th.

 

I am not happy that Sygma opened 2 accounts for my wife without carrying out sufficient due diligence as she could not afford to repay the credit. The CCA is not signed and some of the particulars are handwritten and it is not my wife's handwriting? Also some of the particulars are false which shows that they were not checked at the point of application - not sure we can do much with this as it does not look like my wife was honest on the application, but why were they not checked.

 

Ultimately my defence is that we have offered to pay what we can afford but this has been ignored.

 

It would be useful to understand the possible outcomes - I believe they are as follows if I defend the claim:

 

1. Sygma removes their court claim once they realise we will defend it.

2. The Court rules in our favour and the claim is removed

3. The court rules in favour of Sygma and a CCJ is issued - I am assuming the court will then tell us to pay what we can afford (which is what we have already offered).

 

Even though the debts are still only in my wife's name, I am worried about any charge against our home (which is jointly owned). Is this a possible outcome?

 

HELP PLEASE!

[westfield]

Ok so worst case is a charge against your home ( eventually) but as it is jointly owned so the chances of a forced sale are about nil.

You need to and without delay ask them for copies of all paperwork that they are going to rely on in court and mentioned in the POC. Including a copy of the original agreement,default notice and termination notice. From that you can put in your defence. But you must register that you intend to defend.

[westfield]

Sorry i can not see when the agreement was taken out. Are any of them pre April 2007

[stevenuboat]

Sorry i can not see when the agreement was taken out. Are any of them pre April 2007

 

The Sygma silver card was taken out Sept. 09 and we believe the Sygma MK1 card was taken out prior to April 07 but not certain at present as my wife is going on memory and the CCA for that account is the one that has the name and address filled out by somebody else and is not dated either.

[westfield]

Sorry you need someone far more knowledgeable than me to help here. I would suggest that an unsigned updated agreement not in your wifes handwriting is rubbish. Andyorch may be the man to help. Why not pm him.

[AndyOrch]

Hi Steven responding to your PM.

 

Ok Sigma Silver Card..I have had a look at the agreement...what do you consider is wrong with it?

 

Regards

 

Andy

[stevenuboat]

I am really panicking about this! Should I just accept the claim and wait for the court to decide - surely they will rule based on what I can afford to pay, which incidentally is what we have offered without response?

 

Really worried about this so any guidance or previous experiences would be great. I get the impression that if it gets to this stage there is not much help we can get from this site....... Really appreciate all the help we have had thus far but I am really surprised how quickly we have got to court claim stage?

 

Really am at a loss what to do next, and really worried about possible consequences!

[AndyOrch]

" I get the impression that if it gets to this stage there is not much help we can get from this site..... "

 

What gives you that impression?

 

Andy

[stevenuboat]

Hi Andy,

 

Just that I can't see a defence. I have read quite a few defences to court claims and I cant find one similar to our situation.

 

Everyone has been really helpful and the advice until now has made sense and with all my other creditors has been productive. This one however seems determined to get a CCJ and ultimately a claim against our house, which from the outset has been my biggest concern.

[AndyOrch]

It doesn't have to come to a CCJ if you know how to use the process.

 

What do you consider is invalid with the agreement?

 

Have you kept a paper trail of your endeavours to reach agreement ?

 

Have you received a valid Default Notice?

 

Have they followed Pre Action Protocol?

 

Are there any unfair charges /interest/PPI included within the balance?

 

Andy

[stevenuboat]

Hi Andy,

 

The agreement is posted on the thread (with personal details deleted). The CCA they send has some handwritten particulars and they are not my wife's handwriting, it is almost like they have taken a standard set of T&Cs and written some particulars to pass off as an official CCA? The next issue is a bit tricky, the details, such as employment status, salary and home owner status are not correct. It is difficult because my wife may not have been truthful when she applied, however if they had carried proper due diligence that would have been able to determine that she was not full time employed and would not have been able to afford one credit card, let alone 2 from the same lender.

 

We have kept a paper trail and all our correspondence has been sent recorded delivery. The trail in chronological order is also detailed in this thread - we have not received any response to our income and expenditure and offer of payment.

 

I think the default notice and pre action protocol is correct, and this is also detailed earlier in the thread (I have all the letters for our records, the only challenge I can see is that they have not responded to our offer of payment as mentioned earlier.

 

I am not sure about interest and PPI as we have not as of yet requested a full statement of the account. I am happy to do this but I dont think I will get a response before I have to respond and submit a defence to the court claim?

 

As said before this site has been incredibly helpful and I would recommend to anyone so please dont take my previous comment the wrong way, I am just really concerned and I cannot see a solution to where I am currently at.

 

Thanks.

[AndyOrch]

Could it be the application was completed by the shop assistant? has it got your wife's signature and is there an executing signature?

[westfield]

I am sure Steven will explain,that was my thought. It does seem very quick to go from missed payment to summons. My thought is they know its wrong and want to push a judgement through by default.

[AndyOrch]

So they issued a Default Notice on one months missed payment?

[stevenuboat]

From what I can the first page of the CCA looks like it is signed and dated. The particulars are typed although it says that she is:

 

Sole owner of house

 

and

 

Full time employed

 

Which are both not true.

 

The next page is standard T&Cs then there is a 3rd page with handwritten particulars (name and address) not my wife's handwriting? It is the same of the 1st page but the particulars which are blank compared to typed on the first page.... The interest rates are also different on the 3rd page compared to the 1st.

 

It is really strange?

[AndyOrch]

Noted...but is it your wife's signature on the agreement?

[stevenuboat]

I think so.