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

[scared34]

Hello all,

 

i have received claim from Drydens Fairfax for Sygma bank credit card on Saturday. Would anyone please help me. I have acknowledged it through MCOL service with intention to partially defend it.

 

Any advice would be much appreciated

[ims21]

Thread moved the Legal forum where the guys will be along to help as soon as they are available.

[dx100uk]

please fill this out and post the results here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(2-Viewing)-nbsp

 

dx

[scared34]

Hello all thanks for quick reply.

 

Name of Claimant -Sygma Bank UK

 

Date of issue –25/06/2014

Date of issue 25/06 + 19 days ( 5 day for service + 14 days to acknowledge) = 14/07 + 14 days to submit defence = 28/07 (33 days in total)

 

What is the claim for – 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.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.

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

 

What is the value of the claim- 1,417.18

 

 

Has the claimant included section 69 intersection (8%)within the total claim or is it shown separate within the Particulars but not added to the debt- NO

 

Is the claim for a current or credit/loan account or mobile phone account- Credit card

 

When did you enter into the original agreement before or after 2007- April 2006

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim-It has been assigned to Drydens

 

Were you aware the account had been assigned – did you receive a Notice of Assignment- NO

 

Did you receive a Default Notice from the original creditor- YES

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year - NO

 

Why did you cease payments:- financial difficulties

 

Was there a dispute with the original creditor that remains unresolved- YES, I have started reclaiming of unfair late payment fees and over-limit fees process with Sygma.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan- NO

[dx100uk]

IMHO you need to go back on MCOL and change it to defend all.

 

if you part defend

 

you'll get a CCJ by default no matter what you do.

 

dx

[scared34]

IMHO you need to go back on MCOL and change it to defend all.

 

if you part defend

 

you'll get a CCJ by default no matter what you do.

 

dx

 

Dx thank you for quick reply:)

 

I didn't know I could change that. I will go to MCOL and change it.

Do you think I stand chance? I thought if admitting partially I will avoid CCJ.

[dx100uk]

I think you can change it

 

give it a go.

 

defend all

 

partial defend will always result in a default judgement

as you are not defending ALL of the claim.

[scared34]

I think you can change it

 

give it a go.

 

defend all

 

partial defend will always result in a default judgement

as you are not defending ALL of the claim.

 

Will anyone be able to help me with drafting defence please?

I have sent CPR 31 request to Drydens today, and CCA to Sygma.

Thank you in advance

[dx100uk]

yes ofcourse

 

lots here already in this forum

go take a read

 

all will depend on the outcome or not from the CPR/CCA

 

dx

[scared34]

HI all,

 

Still no response for my Cpr 31:14 and it is past 7 days deadline.

 

What do I do now?

 

Should I send them remainder they have not complied

[dx100uk]

nope you send no reminders

 

just don't forget to file you defence by end of day 33

[scared34]

nope you send no reminders

 

just don't forget to file you defence by end of day 33

 

Thanks DX

Your advise is much appreciated.Will you help me with drafting defence please? Also no sign of CCA yet.

[dx100uk]

use your rtime wisely

 

there are loads of threads in theis forum with andyr's defences

[scared34]

Morning all,

Defence submission due date approaching fast-28th July. Drydens have not responded to my CPR 31:14. CCA received, its very poor copy of my application, cant even read it. I have sent request for more legible copy no response.

Would anyone be able to point me in the right direction regarding to defence please?

Thank you in advance

[scared34]

Hello,

 

My rafted defence below.Will anyone have a look at it and check if it ok please?

 

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.It is admitted that that the Defendant has in the past entered into agreements with Sygma Bank Uk.The defendant believes this claim relates to a credit card held with Sygma Bank Uk.

 

4. On the 30th June the defendant made a request for inspection of the agreement as disclosed in the Claimants statement of Case under CPR 31:14.

 

5. The Defendant has not received any documents from the Claimant in response to this request.

 

6.On the 30th June 2014 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.

 

7. The Claimant has provided an illegible and incomplete document in response. The Defendant has not yet been able to examine the terms and conditions which were in force at the time that the agreement was executed. The copy document that has been disclosed is illegible contrary to the Consumer Credit ( Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) and the Defendant is unable to asses the agreement and original terms to form her defence as to charges and interest applied to the account.

 

8. The Defendant also contends that the document supplied to her in response to the formal requests under s.78 Consumer Credit Act is incomplete and does not contain all the terms applicable at the inception of the account.

 

9. 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.

 

10. For the avoidance of doubt the Defendant requires the Claimant to plead effectively and disclose the legible documents upon which the Claim is based. In the event the Claimant fails to replead, then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the Claim out.

 

11. For the avoidance of the doubt the Defendant requires the Claimant to plead effectively and disclose the legible documents upon which the Claim is based. In the event the Claimant fails to replead then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the Claim out.

 

12.Accordingly, the Defendant avers that

 

a) The Claimant has not complied with s78 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

 

b) Therefore, the Claimants Claim should be dismissed.

 

Statement of Truth

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

 

Thank you for any advice on this guys.

[scared34]

Please will someone have a look at it for me. Thank you

[Andyorch]

Its a tad repetitive scared34 and not fully CPR compliant which of course makes it a little long winded...have you not viewed any of the drafts I have prepared?

 

Regards

 

Andy

[scared34]

Thank you Andy,

 

What should be changed in your opinion? I have read many of your drafts and based mine on them.

[Andyorch]

Well quickly ...it screams that your only defence is the illegible agreement/none compliance to CPR 31.14...because you go into detail as to why it is so and that is not enforcible...2 x strike out and 1 x dismissed.....the court will decide you dont need to tell them.

 

Dont state the answers to the questions you pose.Just state they responded to your section 78 request you will contend its deficient.....dont tell them why its deficient...then they cant refute it or offer argument.

 

Never show all your hand as the claimant can prepare a suitable full response...your defence should only deal with the particulars raised...point by point.

 

Bring forward your particulars and Ill try to have a look later on.

[scared34]

Thank you so much Andy

 

POC are as follows:

 

The Claimant claim is for monies due from the Defendant under a Adams Credit Card Agreement (''the Agreement'') number ....issued on 03/04/2006 regulated by the Consumer Credit Act 1974 ('' the Act'')

The Defendant breached the Agreement by failing to maintain payments in accordance with the Agreement and was served with Notice under Section 87 (1) of the Act.

The Defendant has failed to comply with the Default Notice and the Claimant claims the sum of 1,157.13 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 Judgment or payment at the daily rate of 1.26492.

 

Also,today I have received response to more legible copy of agreement previously provided by Sygma. And they are both entirely different. The one I have received today its just printed application form with my name handwritten in blue ink by one of the staff I presume,and my current address which is by the way different to the one I lived under when applied for card.

Attachments below, although first one is totally unreadable I tried to compare them to see if interest rates, default charges are the same but its impossible as the first copy is very poor.

 

Thank you so much again Andy, your help is invaluable for me.

[scared34]

Can anyone please share some thoughts on this.

All advice greatly appreciated as always guys.

[Andyorch]

I have unapproved your uploads scared....you have left identifiable data showing.

 

Regards

 

Andy

[scared34]

I have unapproved your uploads scared....you have left identifiable data showing.

 

Regards

 

Andy

 

My apologies Andy,

 

I will re scan them. Did you have a chance to look at my poc yet?

Thank you

[scared34]

morning guys,

 

attached two cca with I received.

 

I covered all the relevant data this time.

 

Adams 2 is response to more legible copy of CCA they have provided (adams1)

although its just blank printed out copy of application form not signed.

 

My defence has to be submitted on Monday 28th July so please help.

 

Thank you

[The Mould]

http://www.consumeractiongroup.co.uk/forum/showthread.php?404641-MBNA-court-Activ-Kapital/page8

Look at post# 158 on page 8 for your arguments against the Claimants’ particulars of claim.

Have a read of the statement drafted in this the above thread for your argument against the agreement in your case being improperly executed under s.61 CCA 1974 and these breaches of the same by the Claimant are irredeemable and therefore the agreement is irredeemably unenforceable by operation of s.127 (3) CCA 1974. And, the two agreements even when placed side by side do not mirror each other and would not even satisfy the provisions of ss. 77 or 78 of the CCA 1974. This would be your argument in your Defence against paragraph 1 in the Claimants’ particulars of claim.

Further, as to paragraph 2 of his particulars of claim, argue that you were not under any obligation to the claimant under the improperly executed agreement or any other contract and therefore you have not breached any of the terms, conditions or clauses therein on which he relies. And, whether he served a valid default notice or not under s.87 (1) CCA 1974, which is not admitted that any such notice was received, the notice would be of no legal effect in these proceedings because the agreement remains irredeemably unenforceable.

As to paragraph 3 of his particulars of claim, simply state, for reasons set out above, it 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

I believe that the facts stated in this Defence are true.

Signed……………………………………………………….this________day of July 2014

(PRINT YOUR NAME HERE IN CAPS) - Defendant

Kind regards

The Mould