Court Summons from Sigma re M & S credit Card

[gallahad]

Any advice appreciated re summons from Northampton bulk centre for £12,000 M&S credit card alleged debt. The account was never terminated to my knowledge. My CCA request was answered with a copy of a signed application form and 4 pages of terms and conditions. The terms and conditions differ from a two page version sent one year previously.
I received and assignment notice supposedly from M&S which was sent in the same envelope as the assignment notice from Sigma SPV1 based in jersey. HL legal & collections are acting for Sigma. None of the documents mentioned in the POC have been sent with the claim.
G

[miliitant]

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

when did you take out the credit card

was it an upgrade from a store card

[gallahad]

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

In 2004 I was persuaded to sign the application in store although I already had a store card.
G

[miliitant]

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

was the balance moved onto the credit card from the store card

[gallahad]

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

I think it may have been but being 8 years ago i really cant be certain but an SAR to M&S may provide the answer.
G

[mystery1]

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

It sounds like a duff s78 response to me.

HFO CAPITAL V ROBINSON JUDGEMENT (1).pdf

Did you ever get a default notice and was it any good ?

Is the agreement the one you signed to the best of your knowledge ? Is it compliant ?

What are the particulars of claim ?

Are you able/willing to defend this yourself ? (assuming you want to defend of course)

M1

[gallahad]

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

I did get a default notice dated 23 june but received on 1st july with the wording "payment must be made within 14 days of the date of this notice (not the statutory 14 days from receipt) Also I have never received a termination notice for the account which i also think is a statutory requirement.
yes I did sign the application form in the store which I do not think is compliant and as they have supplied two entirely different sets of conditions at different times stating they were the valid conditions of the agreement but i am sure no conditions were given to me at the time of signing and even if the two page version were to be accepted they could not have been integral to the application (agreement) I signed.

Particulars of claim are:-
"Monies due under regulated agreement number ******* between Marks and Spencer Financial Services and the defendant the benefit which was assigned to the claimant on the 21/12/2011. The agreement terminated (never received) upon the defndants failure to comply with the terms of the agreement and the statutory Notice of Default served by Marks & Spencer Financial services PLC.
The claimant seeks interest pursuant to section 69 of the County Court Acts 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 2.60.

I am 68 years old with a serious disability and living on pension credit with no means of paying such a sum so I have no choice but to defend myself and any assistance in doing so would be very appreciated. I believe the lack of terms and conditions being missing from the alleged agreement and there subsequent attempts to falsify to be my defence. Along with the fact the account was never terminated.
Thanks for your time G

P.S The reason I suspect the assignment not from M& S did not come from M&S as well as being in the same envelope as the notice of assignment from sigma red is that a month previously they had sent identical documents to my address bearing another persons name and account details. They did write to apologise for this.

[mystery1]

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

So i assume pension credit = Pension Credit guarantee credit ? If so then that's good in so far as court fees are concerned. http://www.justice.gov.uk/courts/fees

To get an understanding of why it's important that you remember as much as possible regarding the opening of the account read Wegmuller http://www.bailii.org/ew/cases/Misc/2012/19.html

" i am sure no conditions were given to me at the time of signing"

If you could stand by that in court, and come across as a credible witness, this would cause major issues for the claimant.


I would send a 31.14 request asking for agreement, notice of assignment, deed of assignment, termination notice and default notice.


I would also consider asking Celestine or PT2537 if Watsons would be able to help. I realise money is very tight etc but perhaps they could help on a CFA arrangement which would be less stressful. It won't hurt to ask and if they can help great, if not we'll soldier on.

M1

[gallahad]

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

Thank you M1 it is good news on the court fees. I am as sure as i can be regarding no conditions being given at the time and my daughter was present at the time and confirms she saw no conditions given to me.

I suspect they cannot supply a true copy of a termination notice as i definately never received one. Do they have to prove it was delivered?

Do I send the 31.14 request to the claimant or to M&S and is it worth me investing £10 to SAR to M&S anyway?

[mystery1]

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

Claimants solicitors.

Sar might help but you won't get it before the defence need filed which is 33 days 5+14+14 etc. Sar is 40 if they comply.

M1

[gallahad]

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

I will get the CPR 31.4 request off tomorrow thank you again.
G

[gallahad]

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

Should i include a request for a 14 day extension to put my defence in?
G

[mystery1]

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

28 day extension.

M1

[gallahad]

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

My date of service was 4th December and i calculated my date for acknowledgement as 18th December ( i acknowledged and stated I would defend all, online on the 12th)
I posted my CPR 31.14 request on the 10th and have confirmation it was signed for on the 14th. This gave them until the 21st to respond and agree to an extension of a further 14 days from the date they supply the documents. If they do not respond by teh due date (this Friday) what action should I then take?
28 days from the date of service will be the 1st January to lodge my defence by but as this is a bank holiday what should i consider my last day to lodge my defence online?
G

[mystery1]

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

I would phone today/tomorrow and find out what their opening hours are over the holidays. Might as well ask the claim handler what's happening and if you are likely to get it in time and if not will they agree an extension now to save hassle later.

Once you have this info you can decide when to ask for an extension. Then once you have the extension give them a few days before you chase them again and finally upon non compliance apply for an unless order.

M1