drydens/sygma claimform for old Adams Credit Card 'debt'

[scared34]

Thank you so much The Mould. Your help is invaluable. I will post draft of my defence before submitting.

 

Kindest regards

Scared34

[The Mould]

Thank you so much The Mould. Your help is invaluable. I will post draft of my defence before submitting.

 

Kindest regards

Scared34

 

 

You are very Welcome scared.

 

 

Yes post up your draft Defence here before you file it to Court so that we can double check it for you.

 

 

Kind regards

 

 

The Mould

[scared34]

Draft of my defence,

 

1. I, XXX am the Defendant in this action and make the following statement as my defence to the claim made by Sygma Banque Sa Inc France trading in UK as Sygma Bank Uk.

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants' Particulars of Claim and put the Claimant to strict proof thereof.

 

3. Paragraph 1 is neither admitted nor denied with regards to the Defendant*

entering in to an agreement referred to in the Particulars of*

Claim ('the Agreement') with Sygma Bank Uk

 

4.Paragraph 1 is neither admitted nor denied with regards to 'the defendant*

defaulting' on the Agreement with Sygma Bank Uk. I have no knowledge of the service of a default notice. The claimant is put to strict proof as to the content and service of any such alleged default notice. And that it compiles with the prescribed form set out in the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

 

5. A request has been made to Sygma Bank Uk pursuant to section 7(1) Consumer Credit Act 1974 in order to obtain a true copy of the agreement which the claimant was demanding payment under and to obtain further information about the terms of the contract.

 

6.The Claimant has provided illegible copy of Agreement which was improperly executed contrary to Section 61(1)(a) of the*

Consumer Credit Act 1974 ('the Act').Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

 

7.Paragraph 2 of the Claim is denied as there was no breach of the Agreement as the the Agreement referred to in paragraph 1*

was improperly executed contrary to Section 61(1)(a) of the*

Consumer Credit Act 1974 ('the Act')

 

8.Paragraph 3 is denied that the Claimant is entitled to the relief sought as alleged or at all and the Defendant puts him to the strictest possible proof on his allegations and to prove contrary to the matters set out herein.

 

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

 

Please share your thoughts on this guys.

Thank you in advance.

[The Mould]

In paragraph 7, you should add that the agreement is improperly executed under s.61 of the 1974 Act and therefore irredeemably unenforceable by operation of s.127 (3) of the Act, further, the Defendant was never under any obligation to perform any act to the Claimant in relation to the agreement he relies, therefore, no breach has occurred thereunder and therefore the claimants’ claim remains absent of the requisite cause of action recognised in law in order to sue the Defendant for the same.

Kind regards

The Mould

[AndyOrch]

Scared I will be be available to run through your defence ...please do not submit any of the above until then.

 

Regards

 

Andy

[The Mould]

Delay filing your Defence until the deadline on Monday 28 July 2014 at your own risk because you cannot guarantee that others, me included, will be available on Monday 28 July 2014. If you miss the court deadline while waiting for others in a world of uncertainty, the Claimant will obtain default judgment against you.

One motto that I believe in is this; don’t put off until the morrow the things that need to be done today if you are well and able to get those things done today.

Kind regards

The Mould

[scared34]

Morning guys,

 

Thank you so much for all your help. It means world to me.

Quick qestion re submiting date as I might get it wrong. If the date of issuing the claim is 25th July is it 27th or 28th my due date to submit it?

 

Scared34

[The Mould]

If you mean date of issue is 25 June then Defence due date is 28 July.

Your Defence is good to go and contains proper argument on the applicable legislation, you should file it and get it off your desk instead of waiting for people that might not turn up or who might turn up and offer nothing more than what your Defence already has, the delay seems unnecessary to me and is a risk.

Think of number 1, that’s you in this matter and what’s best for you and your family or partner.

Kind regards

The Mould

[scared34]

Thank you The Mould I meant 25th June lots on my shoulders hence mistake.

I really appreaciate all I help I have received here.

 

Best regards

Scared34

[The Mould]

No just file your Defence for now, documents being disclosed comes at a later date and the court will serve directions on disclosure of documents at that stage in this matter.

Kind regards

The Mould

[AndyOrch]

Your defence is due today scared 27th July.

 

Regards

 

Andy

[scared34]

Your defence is due today scared 27th July.

 

Regards

 

Andy

 

Thanks Andy,

 

I thought so after reading up that date of issuing claim is day one.

 

I will post up draft of defence again. If you find spare minutes to go over it I would be very grateful.

 

Kind regards

Scared34

[scared34]

1. I, XXX am the Defendant in this action and make the following statement as my defence to the claim made by Sygma Banque Sa Inc France trading in UK as Sygma Bank Uk.

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants' Particulars of Claim and put the Claimant to strict proof thereof.

 

3. Paragraph 1 is neither admitted nor denied with regards to the Defendant*

entering in to an agreement referred to in the Particulars of*

Claim ('the Agreement') with Sygma Bank Uk

 

4.Paragraph 1 is neither admitted nor denied with regards to 'the defendant*

defaulting' on the Agreement with Sygma Bank Uk. I have no knowledge of the service of a default notice. The claimant is put to strict proof as to the content and service of any such alleged default notice. And that it compiles with the prescribed form set out in the consumer crediticon (Enforcement, Default and Termination Notices) Regulations 1983

 

5. A request has been made to Sygma Bank Uk pursuant to section 7(1) Consumer Credit Act 1974 in order to obtain a true copy of the agreement which the claimant was demanding payment under and to obtain further information about the terms of the contract.

 

6.The Claimant has provided illegible copy of Agreement which was improperly executed contrary to Section 61(1)(a) of the*

Consumer Credit Act 1974 ('the Act').Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

 

7.Paragraph 2 of the Claim is denied as there was no breach of the Agreement as the the Agreement referred to in paragraph 1* is improperly executed under s.61 of the 1974 Act and therefore irredeemably unenforceable by operation of s.127 (3) of the Act, further, to that the Defendant was never under any obligation to perform any act to the Claimant in relation to the agreement he relies, therefore, no breach has occurred thereunder and therefore the claimants’ claim remains absent of the requisite cause of action recognised in law in order to sue the Defendant for the same.

 

 

8.Paragraph 3 is denied that the Claimant is entitled to the relief sought as alleged or at all and the Defendant puts him to the strictest possible proof on his allegations and to prove contrary to the matters set out herein.

 

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

 

I was also thinking of adding the fact that they have provided another CCA as response to my request for more readable agreement.something along these lines:

 

Furthermore Defendant wrote to the Claimant to highlight the breaches of s.78 CCA and to request clearer documents. the Claimant supplied a wholly unrelated copy of a blank credit agreement; which pre-dates the Defendants actual contract by 2 years. The Defendants current name and address has been manually added to this blank document, an action that the Defendant finds extremely concerning. The Claimant has not offered any explanation as to the relevance of this document and the Defendant further asserts that the Claimant is in breach of s.78 CCA 1974.

 

Thank you for all advise and help.I am going to submit my defence today.Any thoughts are much appreciated.

[AndyOrch]

Because she stated it was due 27/28th and I rechecked it unlike you...the defence is due today.

 

Considering that I am logged onto CAG 24/7 scared would have a defence to submit today.... irrespective.

 

Scared if you would like me to check the defence that you propose to submit please bear with me as its Sunday and I have other matters to see to first...but I assure you you will have one to submit by 24.00 today.

 

I draft 1000s of defences for posters here on CAG....with a pretty good success rate as my reputation confirms and have never let a poster down.

 

Regards

Andy

[scared34]

Because she stated it was due 27/28th and I rechecked it unlike you...the defence is due today.Considering that I am logged onto CAG 24/7 scared would have a defence to submit today.... irrespective.

 

Scared if you would like me to check the defence that you propose to submit please bear with me as its Sunday and I have other matters to see to first...but I assure you you will have one to submit by 24.00 today.

 

I draft 1000s of defences for posters here on CAG....with a pretty good success rate as my reputation confirms and have never let a poster down.

 

Regards

Andy

 

Thank you Andy,

 

I was just called in to work we have escalation to level 4 and they need as many staff as possible. I have to be there at 5 and it is unlikely I will finish before midnight.

If you could spare few minutes and go over it please I would be very very very grateful, As I have to submit it asap really.

 

Kindest regards,

 

Scared34

[AndyOrch]

Particulars of Claim

 

1.The claimant claim is for monies due from defendant under Adams credit card agreement number.... issued on 03/04/2006 regulated by the consumer credit act 1974.

 

2.The defendant breached agreement by failing to maintain payments in accordance with the agreement and was served with notice under section 87 (1) of the act.

 

3.The Defendant has failed to comply with the Default Notice and the Claimant claims the sum of 1,157.13

 

4.Together with interest at the rate of 39.90% per annum in accordance with the Agreement on the sum due from 31/03/2014 to 25/06/2014 totalling 110.05 and continuing until Judgement or payment at the daily rate of 1.26492

 

 

Defence

 

1.The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2.In response to paragraph 1,except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants' Particulars of Claim and put the claimant to strict proof.

 

3.In response to paragraph 2, I have no knowledge of the service of a default notice. The claimant is put to strict proof as to the content and service of any such alleged default notice. And that it compiles with the prescribed form set out in the consumer credit (Enforcement, Default and Termination Notices) Regulations 1983

 

4.In response to paragraph 4 the claimant is denied from charging interest at a rate of 39.90% per annum as at this date remains in default of my section 78 request by only providing an illegible copy contrary to Section 61(1)(a) of the Consumer Credit Act 1974

 

5. Further to the above on receipt of this claim a request has been made to Sygma Bank Uk pursuant to section 78 of the Consumer Credit Act 1974 in order to obtain a true copy of the agreement which the claimant was demanding payment under and to obtain further information about the terms of the contract.

 

6.The Claimant has provided an illegible copy of the Agreement which was improperly executed contrary to Section 61(1)(a) of the Consumer Credit Act 1974.Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

 

7.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of agreement/balance/breach requested by CPR 31. 14 and section 78 of the CCA1974

 

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

 

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

 

 

Check for accuracy...add dates if required...edit to suit.Once you are happy and understand all the contents of your pleadings copy and paste into MCOL and print your receipt off as proof of submission.

 

Regards

 

Andy

[scared34]

Particulars of Claim

 

1.The claimant claim is for monies due from defendant under adams credit card agreement number.... issued on 03/04/2006 regulated by the consumer credit act 1974.

 

2.The defendant breached agreement by failing to maintain payments in accordance with the agreement and was served with notice under section 87 (1) of the act.

 

3.The Defendant has failed to comply with the Default Notice and the Claimant claims the sum of 1,157.13

 

4.Together with interest at the rate of 39.90% per annum in accordance with the Agreement on the sum due from 31/03/2014 to 25/06/2014 totalling 110.05 and continuing until Judgement or payment at the daily rate of 1.26492

 

Scared if you have the Agreement/T&Cs to hand could you please check point 4 above.

 

Regards

 

Andy

 

Andy,

 

In agreement Sygma provided interest rate is 18.9%

 

Thanks

Scared34

[AndyOrch]

Andy,

 

In agreement Sygma provided interest rate is 18.9%

 

Thanks

Scared34

 

Thats the general interest or in default interest?

[scared34]

Thats the general interest or in default interest?

 

Andy,

 

Thats general interest there is nothing about default interest anywhere, copy is very poor.

[AndyOrch]

Excellent that's all I need for now back shortly

[scared34]

Thank you Andy,

 

Much appreciate it:)

 

Kind regards

Scared34

[AndyOrch]

See post #41 scared.

[scared34]

Thank you so much Andy and The Mould.

 

I did add argument as regards the agreement not containing all the prescribed terms pursuant to s. 61 CCA 1974, therefore, by operation of s.127 (3) CCA 1974 the agreement is irredeemably unenforceable.

Defence is now submitted.I shall wait and see what the future brings.

Thank you again for all your help. I could not have done without your knowledge.

 

Kindest regards

 

Scared34

[AndyOrch]

You are very welcome scared now back to the garden

 

Regards

 

Andy

[scared34]

You are very welcome scared now back to the garden

 

Regards

 

Andy

 

Enjoy it:)

 

Best regards

 

Scared34