Court Summons from Sigma re M & S credit Card

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(http://www.bailii.org/ew/cases/Misc/2012/19.html if a judge says Wilson is out of date !)

HFO CAPITAL V ROBINSON JUDGEMENT (1).pdf

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

[PlanB]

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

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.

Yep, I had a DJ who thought I was a filthy debt avoider but here's what PT had to say about that

http://paulatwatsonssolicitors.wordp...ebt-avoidance/

A wise DJ once said "we're here to judge facts not morals". I hope I get that DJ next time :nod:

EDIT: Plan B = Di Mayhew the dirty debt dodger in the Santander vs Mayhew case

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(http://www.bailii.org/ew/cases/Misc/2012/19.html if a judge says Wilson is out of date !)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

[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

[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

[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

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

[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

[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

[mystery1]

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

Any update ?


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

Have they withdrawn ?

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



M1

[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