Court Summons from Sigma re M & S credit Card

[PlanB]

Re: Court Summons from Sigma re M & S credit Card

It would indeed

Then I shall put the champagne on ice ready to celebrate your victory :bounce:

Please post up what you can as it progresses because it will help others in the same situation. There are 2.5 million of these credit card accounts apparently. What makes me angry is that M & S know the legal position but they are still issuing court summons in the hope that the average consumer in debt doesn't know it or is too frightened to challenge them in court. I'm doing my best to spread the word :director:

[gallahad]

Re: Court Summons from Sigma re M & S credit Card

It would indeed
G

[PlanB]

Re: Court Summons from Sigma re M & S credit Card

No they are proceeding but I have CFA solicitor who is very comfortable with our position thanks

Would that be the same firm which represented me in my storecard case by any chance

http://www.bbc.co.uk/news/business-17670803

[mystery1]

Re: Court Summons from Sigma re M & S credit Card



M1

[gallahad]

Re: Court Summons from Sigma re M & S credit Card

No they are proceeding but I have CFA solicitor who is very comfortable with our position thanks M1
G

[mystery1]

Re: Court Summons from Sigma re M & S credit Card

Have they withdrawn ?

M1

[gallahad]

Re: Court Summons from Sigma re M & S credit Card

i have put my AQ in and offered Sigma the opportunity to withdraw the claim and pay my costs.
G

[mystery1]

Re: Court Summons from Sigma re M & S credit Card

Any update ?


M1

[mystery1]

Re: Court Summons from Sigma re M & S credit Card

They don't really need to comply with your request because you didn't pursue it and filed a defence.

If Sigma want to pursue this you still have a winning hand imo. Allocation questionnaire is next. It costs them money so if they pay expect to defend yourself.

M1

[pt2537]

Re: Court Summons from Sigma re M & S credit Card

I doubt the CLS will be able to help

Our wonderful coalition government have scrapped legal aid for financial claims from what i have been told. So, the consumer is left to fight his own corner it seems

[gallahad]

Re: Court Summons from Sigma re M & S credit Card

Thanks for that Sparks. Thought i may try The community legal assistance thing if anyone can tell me where to find them.
G

[Sparkie1723]

Re: Court Summons from Sigma re M & S credit Card

Sigma have just confirmed that they intend to proceed with the claim and this is in spite of still not complying with my CPR request. Any suggestions as to what happens next?
G

Why not try and serve them with a Notice to Admit Facts
.......M1 is excellent at polishing these up ....I am sure that he will assist you on that G.

Sparkie

[gallahad]

Re: Court Summons from Sigma re M & S credit Card

Sigma have just confirmed that they intend to proceed with the claim and this is in spite of still not complying with my CPR request. Any suggestions as to what happens next?
G

[gallahad]

Re: Court Summons from Sigma re M & S credit Card

My thanks once more to you guys all that could prove most usefull.
G

[mystery1]

Re: Court Summons from Sigma re M & S credit Card

If they attempt summary judgement then these cases should help to defeat it.

http://www.bailii.org/ew/cases/EWCA/Civ/1999/3053.html

http://www.bailii.org/uk/cases/UKHL/2001/16.html




Then use http://www.bailii.org/ew/cases/EWCA/Civ/2011/1187.html

http://www.bailii.org/uk/cases/UKHL/2003/40.html (http://www.bailii.org/ew/cases/Misc/2012/19.html if a judge says Wilson is out of date !)

[ATTACH=CONFIG]8179[/ATTACH]

That should get you past the "real prospect" test with those and the illegible doc and your assertion of no terms with the application. Some Judges might shoot you just because you are a filthy debtor who used the net. It does happen but not always.

M1

Sorry didn't mean Robinson there. I meant Cabot v Bachellier Cabot v Buchellier - For the consumer.pdf

M1