Sygma Bank and CC Claim Form - help please

GettingHopeful

I became BR on 11th June and I wrote to my creditors very quickly advising them of the court name and case number and the OR's address.

My name was on the insolvency register within 24 hours.

I think my OR has written to creditors now as several have come back notifying me that Eversheds are representing them and I am not likely to hear from them further.

However, Sygma Bank have appointed solicitors and I have now had a claim form from the Clerkenwell & Shoreditch County Court for money due plus court fee and solicitor's costs.

There is a form N9A Admission Form to admit the claim in full and send back to Claimant and a N9B/N9D for a counterclaim with my defence to send back to the court.

BR is a full defence and I have rung the Court services and told them I was BR as there were dates all over the place and though just received it looks as though it was sent out ages ago. They have noted the situation and confirmed I have until 10th August.

I have jsut seen though the defence forms have to be sent with the correct fee!

Has anyone been through this and can advise me what to complete

PS just seen another set of forms - Admission form N9A/N9C and Acknowledgement of service N9

Thanks

blind-as-a-bat_2

Have you also contacted the solicitors in question? if this did cross with your BR, they may wish to call it of if its debt that went into your BR.

Just because you told the origanel creditor, dont assume they passed it on to there legal guys

GettingHopeful

No I didn't contact the solicitors - I'll give them a ring tomorrow.

Thanks Blind-as-a-bat

PS I think I still need to complete one or more of these forms to be on the safe side, just not sure which.

Dez-Titute

Hi BAT I think this is one of the forms Don't think I would sign it!i

Admission (unspecified amount,
non-money and return of goods claims)

• Before completing this form please read the notes
for guidance attached to the claim form. If necessary
provide details on a separate sheet, add the claim
number and attach it to this form.

Yes No

Part A Response to claim (tick one box only)

I admit liability for the whole claim but want the court to
decide the amount I should pay / value of the goods

OR

I admit liability for the claim and offer to
pay in satisfaction of the claim

(Complete part B and sections 1 - 11)

Part B How are you going to pay the amount
you have admitted? (tick one box only)

I offer to pay on (date)

OR

I cannot pay the amount immediately because (state reason)

I offer to pay by instalments of £
per (week)(month)
starting (date)

AND

In the
Claim No.

(including ref.)

Defendant
Claimant

• If you are not an individual, you should ensure that you
provide sufficient details about the assets and liabilities
of your firm, company or corporation to support any
offer of payment made.

In return of goods cases only

Are the goods still in your possession?

1 Personal details

Surname
Forename

Mr Mrs Miss Ms

Married Single Other (specify)

Date of
birth
Address

3 Employment

I am employed as a

My employer is
Jobs other than
main job (give details)

I am self employed as a

Annual turnover is........................... £

I am not in arrears with my national insurance
contributions, income tax and VAT

I am in arrears and I owe........... £
Give details of:
(a) contracts and
other work in hand
(b) any sums due
for work done

I have been unemployed for years months

I am a pensioner

4 Bank account and savings

I have a bank account

The account is in credit by........ £
The account is overdrawn by.... £

I have a savings or building society account

The amount in the account is.......... £

5 Residence

I live in my own property
jointly owned house
lodgings
rented property

council accommodation

blind-as-a-bat_2

Make sure you follow up anything that is said in writing and ask for writen confirmation if they do say they will stop the action.

Never take anyones word for anything on the phone

They may not want to listen though If so post again tommorow

blind-as-a-bat_2

I agree with Dez i wouldnt sign anything until i had spoken to the OR if where you as i dont think your allowed to as its not your debt anymore, its the OR,s in effect

So that form doesnt cover your situation realy

GettingHopeful

Thanks Dez and Bat

The Admission Form N9A is much the same Dez so I will not be completing that! I think I'll assume that I don't admit the claim.

I'll just complete the Defence and Counterclaim N9B - it seems as though the fee they are talking about is if there is a counterclaim - and make BR the defence.

I've had to read it through 4 times before any of it started to make any sense.

GettingHopeful

Hi Bat,

Just seen your latest post, so I should ring my OR as well tomorrow before doing anything. Will do and report back.

fermi

Yep. The N9B is for a defence, and if I remember correctly should not require a fee.

See what your OR says, although I'm tempted to say to send off the defence whatever they say just to be on the safe side.

We've had a few examples where an OR has said that they will deal with impending court action, and have then sat on their hands and let it go ahead. :rolleyes:

Don't forget the N9 if it gets to a point where you need the extra 14 days.

GettingHopeful

Thanks Fermi, very sound advice there, will do it all so no holes in the net.

fermi

Should you decide to submit the defence, then:

(borrowed from another place)

What will happen after you submit your defence?

Step 1: The court will order a stay of 28 days. This will be effective until 33 days after the stay is sent by the court, and it is for the claimant to decide if he/she wants to proceed.

Step 2: If the Claimant decides to proceed, he will inform the court, and an allocation questionnaire will be sent out. At this stage, they will change your court to your local court.

Step 3: A court appearance. This may be an application hearing, a case management hearing, or a trial.

Even at stage 1, these solicitors would be "nuts" to continue.