Please help! received Court Claim from DrydensFairfax

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

Hello all,
Just a quick update. No response to CPR 31:14. Remainder lettet has been sent and received by dryidens but have not heard from them back. Sygma hasn't respond to my letter asking for more legible copy of cca either. What should i do now?
Defence is due on 28th July.
Any thoughts on this are greatly appreciated as always.

[Amethyst]

Re: Please help! received Court Claim from DrydensFairfax

Okay, we should start thinking about your defence based I think on illegibility - look up Hillesden v Moore ( http://legalbeagles.info/hillesden-s...bt-collection/ ) for a recent case won on those terms, and on a non complete CCA (missing terms etc), as well as bring up the lack of response to the CPR request and no default notice/assignment etc.

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

Thank you so much Amethysts you are a star I will have a good read throug link you have provided.

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

Hello all,
Defence due date aproaching fast-28th July. Still no sign of documents reqested under CPR or more legible cca. Will anyone be able to help with drafting defence please?
Thank you so much for all help.

[Amethyst]

Re: Please help! received Court Claim from DrydensFairfax

If you have a look at Roxi's thread that should give you a good starting point on a defence draft... http://www.legalbeagles.info/forums/...was-in-dispute

[eg this kind of thing for the illegible cca]

4: On the 15/04/2014 the Defendant made a request for information to the Claimant. The request was made pursuant to s78 (1) Consumer Credit Act 1974 to ascertain that the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of the contract.

5: The Claimant has provided an illegible and apparently incomplete document {EXHIBIT A} 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 assess the agreement and original terms to form her defence as to the charges and interest applied to the account.

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

7: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.

8: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.

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

Thank you so much Amethysts your help and advice is invaluable.
I will post my draft when finished for you to check.

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

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.

[Amethyst]

Re: Please help! received Court Claim from DrydensFairfax

Excellent (have corrected a couple typos) Maybe add in about lack of default notice and assignment (unless you have them?)

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, including the agreement/contract, the default notice and the notice of assignment.

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 78(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 assess 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 request 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.

Signed

Dated

.

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

Thank you Amethysts your help as always is appreaciated.I do not have defoult notice or assigment eithet. Defoult is being mentioned in Poc but not asigment , should I still include lack of both?

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

Hello guys,

Today I have received response to more legible copy of CCA request. It is 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. totally different to the one I have received earlier.
What do you think of it guys?
I will scan it up now and download it together with previous one.
thanks for all advice.

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

:tinysmile_aha_t:Hello guys,

Today I have received response to more illegible copy of CCA request. It is 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. totally different to the one I have received earlier. :tinysmile_aha_t::tinysmile_aha_t::tinysmile_aha_t :
What do you think of it guys?
I will scan it up now and download it together with previous one.
thanks for all advice.

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

HI guys,

Attached are documents Sygma provided for more legible copy of previously provided CCA.
Thanks

[Amethyst]

Re: Please help! received Court Claim from DrydensFairfax

mmmm good effort ....

Okay apart from the teeny fact that it is an entirely different form, can you read the first one enough to see what the rates are - interest rate/default charges etc - or to read any of the terms printed on it - to compare directly with the legible copy they have sent ?

[Amethyst]

Re: Please help! received Court Claim from DrydensFairfax



Just to illustrate the difference.

[Johnboy007]

Re: Please help! received Court Claim from DrydensFairfax

Posted in error