Please help! received Court Claim from DrydensFairfax

[Amethyst]

Re: Please help! received Court Claim from DrydensFairfax

lol, of course, just stop calling me Boss Lady

[Amethyst]

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.

Obviously with this new development we will have to get the issues put in the defence.

Basically we need to compare those two agreements and terms within them to see if they are true copies - the layout etc of the form is immaterial (to the court) the content is what is important.

Would you be able to get better images of them? take picture from directly above on highest res possible so we can try read them.

[Johnboy007]

Re: Please help! received Court Claim from DrydensFairfax

lol, of course, just stop calling me Boss Lady

Thank you, but Boss Lady suits you..........:tinysmile_twink_t2:

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

Hello,

Thank you Amethysts. I tried to compare them and see if they are even similar but the first copy is very poor.I have taken closer pictures for you to look at but as I said you can't get much info from the first one as its simply unreadable.
What about the fact that they have handwritten my name and address? (different to the one I lived in when applied for the card?)

[Amethyst]

Re: Please help! received Court Claim from DrydensFairfax

The only bit I can clearly read is the 18.9% which does match up.

The terms recon are dated November 2004 and your agreement is dated 2006

So originally ADAMS... looking up to see if any others are from 2006 we can compare to.

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

Thsnk you Amethyts. I even tried to use magnyfing glass to look it up. Apr at 18.9% is matching other bits are unreadeable. Where can I find terms and conditions from 2006?

[Amethyst]

Re: Please help! received Court Claim from DrydensFairfax

I'm googling and putting any I find in a thread in the debt forum....haven't found any that match your original yet.

This one looks similar http://i645.photobucket.com/albums/u...s_2009/CCA.jpg

(trying to find one right date clear enough to read rates on it)

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

I am also searching online but no luck as yet. What does it mean to defence?

[Amethyst]

Re: Please help! received Court Claim from DrydensFairfax

Well if the new one is legible and the correct version of terms (ie those you would have had at inception) then that argument is dead in the water. If it doesn't match the original then you still have the illegibility argument.

Did you get the Default Notice for this debt btw?

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

Thank you Amethysts.I am really worried now. Is there even a point in defending now?
Probably I have received default notice at some point. I don't have it tough.

[FlamingParrot]

Re: Please help! received Court Claim from DrydensFairfax

Thank you Amethysts. I tried to compare them and see if they are even similar but the first copy is very poor.I have taken closer pictures for you to look at but as I said you can't get much info from the first one as its simply unreadable.
What about the fact that they have handwritten my name and address? (different to the one I lived in when applied for the card?)

Sygma 5 appears to be a blank application form they have just filled in in haste themselves. You have only blanked out your name and address, but all the other boxes you'd have filled in are actually blank! :confused2: Is your signature at the bottom of that form?

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

No Flaming Parot,aplication is not signed. It just blank form printet out with my name handwritten in blue ink(not by me) an address ( current one).

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

I have to submit my defence on Monday 28th July, any thoughts on that would be much appreciated.
thanks guys

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

Please please please help.
Thank you

[Celestine]

Re: Please help! received Court Claim from DrydensFairfax

Hi Monica x

Dont panic, its just a bit quieter on here at week ends. You'll need to do some filling in dates etc and create exhibit sheets. (I'll show you how in a sec x)

Now that your full defence is on public view, I strongly recommend you join VIP and we'll shift the whole thing into the VIP litigation area.


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 once held with Sygma Bank Uk.

4. On the 30th June the Defendant made a written request for inspection of the agreement and other documents as disclosed in the Claimants statement of case under Civil Procedure Rule 31.14. Documents mentioned in the Claimants pleadings are Assignment Notice, Default Notice, Credit Agreement & Terms. There is now produced and shown to me a bundle of documents marked exhibit M1. M1 is a copy of the CPR 31.14 request letter sent on XX/XX/14


5. The Applicant accepts that the debt once existed, however the enforceability of the regulated agreement underpinning the debt is disputed. There are numerous breaches of the Consumer Credit Act 1974 which require proper investigation. Details of the aforesaid breaches are set out herein.

6. In addition to the Defendants request under CPR 31.14, 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. There is now produced and shown to me a bundle of documents marked exhibit M2. M2 is a copy of the s.78 request letter sent on 30/06/14.

7. On XX/XX/14 the Claimant supplied an illegible and incomplete document in response. The Defendant has therefore not yet been able to examine the terms and conditions that were in force at the time that the agreement was executed. The copy document that has been disclosed is illegible and is therefore in breach of 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 unlawful charges and interest applied to the account. There is now produced and shown to me a bundle of documents marked exhibit M3. M3 is a copy of the illegible document supplied to the Defendant on XX/XX/14.

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 any the terms applicable at the inception of the account.

9. The Claimant has also not provided a statement of account in response to the Defendants’ statutory request; which further prevents the Defendant from assessing any charges or interest that may have been applied.

10. 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.

11. On XX/XX/14, the Defendant wrote to the Claimant to highlight the breaches of s.78 CCA and to request clearer documents. In response, on XX/XX/14, 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. There is now produced and shown to me a bundle of documents marked exhibit M4. M4 is a copy of the supplementary document supplied by the Claimant on XX/XX/14.

12. The Claimant is put to strict proof that a compliant default notice was served in relation to the alleged agreement pursuant to CCA s.87 & 88(1) thus giving a right to demand immediate repayment of the sums claimed. The Defendant has not received any Default Notice from the Original Creditor or the Claimant. Accordingly the Defendant will say that s87(1) Consumer Credit Act has not been complied with and the respondent is not entitled to terminate the agreement or accelerate the earlier repayment of the debt. The Defendant will rely upon the High Court case of Harrison v Link in support of the proposition that a Default notice is a statutory precondition of enforcement (see para 75 of HHJ Chambers QC ruling). The Defendant will also say that no notice of sums in arrears have been served on the Defendant contrary to s86(c) Consumer Credit Act 1974 and accordingly such a breach renders the agreement unenforceable while the breach continues. The Claimant is also subject to a statutory bar on charging interest while in breach of the aforesaid provision.

13. 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 re-plead, then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the Claim out.

14.Accordingly, the Defendant avers that

a) The Claimant has not complied with s78 and s.87 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.