Hillesden Securities T/A DLC county court claim Black Horse

[Farmboy]

Hi,

i have eave received this today. County Court Claim from Hillesden Securities Limited T/A DLC

Mortimer Clarke Solicitors Ltd

particulars of claim dated 14 Dec 2015

By an agreement between Black Horse Limited & the Defendant on or around 06/11/2007 ("the Agreement") BLACK HORSE LTD agreed to loan the defendant monies. The Defendant did not pay the instalments as they fell due & the Agreement was terminated. The agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 3323.27

Amount claimed. £3323.27
Court fee. £185.00
Legal Costs. £80.00
Total amount. £3588.27

From what I remember this was a defaulted finance agreement with black horse starting in 2004 and defaulted in 2007 for around £12700. On a caravan that was collected but I have no proof of this. DLC started sending letters this year and 4 years annual statements together in the same envelope in Sep. I have not paid anything,acknowledged or sent anything to anyone in the last 8 years.

i need help please as not sure how to go about this and is it statute barred.

Regards

[Amethyst]

Re: Hillesden Securities T/A DLC county court claim Black Horse

Hi Farmboy and welcome to LB

I have moved your thread into the court claim section so the right people will see it

It sounds like you are right about it being Statute Barred - have you got anything on your credit file at all ?

Even with it being stat barred, and that being an absolute defence, I would start off by acknowledging the claim and sending requests for info to the claimant, see http://www.legalbeagles.info/forums/...it-Court-Claim

In the CPR 31.14 request you can mention the debt is statute barred as well as requesting info. I'm sure [MENTION=55034]nemesis45[/MENTION] will pop along and give you a bit more detailed help shortly xxx

Did you VT the caravan or was it reposessed ?

Sharon
xxx

[Farmboy]

Re: Hillesden Securities T/A DLC county court claim Black Horse

Hi
thanks for the response
i do not have any agreements left on my credit file from the past.
The caravan was repossessed at the time.

[nemesis45]

Re: Hillesden Securities T/A DLC county court claim Black Horse

Hi,

i have eave received this today. County Court Claim from Hillesden Securities Limited T/A DLC

Mortimer Clarke Solicitors Ltd

particulars of claim dated 14 Dec 2015

By an agreement between Black Horse Limited & the Defendant on or around 06/11/2007 ("the Agreement") BLACK HORSE LTD agreed to loan the defendant monies. The Defendant did not pay the instalments as they fell due & the Agreement was terminated. The agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 3323.27

Amount claimed. £3323.27
Court fee. £185.00
Legal Costs. £80.00
Total amount. £3588.27

From what I remember this was a defaulted finance agreement with black horse starting in 2004 and defaulted in 2007 for around £12700. On a caravan that was collected but I have no proof of this. DLC started sending letters this year and 4 years annual statements together in the same envelope in Sep. I have not paid anything,acknowledged or sent anything to anyone in the last 8 years.

i need help please as not sure how to go about this and is it statute barred.

Regards

Responding to bump from [MENTION=6]Amethyst[/MENTION]
Hello Farmboy.


Have you acknowledged service of the claim and intention to defend? Do this at Money CLAIM ONLINE (mcol)

You then need to send a CCA Request ( Template in the forum library) to the claimant for the Agreement for the account. There's a £1 statutory fee for this and Hillesden has 12 + 2 Working Days to comply. Use signed for post and check delivery date. Pay the fee using a Postal Order endorse it " For Statutory Fee Only" check the date this is delivered.

Next a request made under the Provisions of Civil Procedure Rule 31 .14 (CPR). The CPR request (no fee) goes to MC solicitors, by signed for post; 7 day timescale.

This is a request for all the documents mentioned in the claim, i.e. The agreement, Notice of Termination, and the Notice of Assignment.

Check your credit files it will help to establish the status of the debt, Noddle is Free Online.

I presume this is the balance after the sale of the caravan?

nem

[Farmboy]

Re: Hillesden Securities T/A DLC county court claim Black Horse

Thank you Nemesis45,

i have not not done anything yet but will do as you suggest now. There is no record of this on my credit file and has not been for a number of years. This caravan was repossessed but I have no records from the company that took it.
Is this in your opinion a case of statute barred.
Thank you for your help in this matter.
Regards

[nemesis45]

Re: Hillesden Securities T/A DLC county court claim Black Horse

Thank you Nemesis45,

i have not not done anything yet but will do as you suggest now. There is no record of this on my credit file and has not been for a number of years. This caravan was repossessed but I have no records from the company that took it.
Is this in your opinion a case of statute barred.
Thank you for your help in this matter.
Regards

I can't see how this could fail to be Statute Barred!!

Get every thing in motion then we an look more closely at the
history of the debt.

nem

[Farmboy]

Re: Hillesden Securities T/A DLC county court claim Black Horse

Ok thanks.
I have acknowledged online at MCOL and am onto the rest now.

Regards

[nemesis45]

Re: Hillesden Securities T/A DLC county court claim Black Horse

Ok thanks.
I have acknowledged online at MCOL and am onto the rest now.

Regards

Great, please keep us up to speed on this.
If you need me just type in [MENTION=55034]nemesis45[/MENTION] and I'll pick up the mention.

nem

[Farmboy]

Re: Hillesden Securities T/A DLC county court claim Black Horse

[MENTION=55034]nemesis45[/MENTION] both requests sent to relevant parties today by recorded mail.

[nemesis45]

Re: Hillesden Securities T/A DLC county court claim Black Horse

@nemesis45 both requests sent to relevant parties today by recorded mail.

That's good, don't forget to check the delivery dates.:santa2:

nem~

[Farmboy]

Re: Hillesden Securities T/A DLC county court claim Black Horse

Hi nemesis45,
received this today,letter dated 29/12/15

Thank you for your letter dated 16 Dec 2015

We confirm our client is willing to agree to the extension of 28 days,for you to file your defence. Pursuant to CPR 15.5 (2) please notify the court in writing of the agreement.

CPR 31.14 relates to the right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.

We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.

We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our clients instructions.

yours faithfully

Mortimer Clarke Solicitors

Your advice would be much appreciated
Regards

[nemesis45]

Re: Hillesden Securities T/A DLC county court claim Black Horse

Hi nemesis45,
received this today,letter dated 29/12/15

Thank you for your letter dated 16 Dec 2015

We confirm our client is willing to agree to the extension of 28 days,for you to file your defence. Pursuant to CPR 15.5 (2) please notify the court in writing of the agreement.

CPR 31.14 relates to the right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.

We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.

We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our clients instructions.

yours faithfully

Mortimer Clarke Solicitors

Your advice would be much appreciated
Regards

Good morning Farmboy,

What a load of bowlocks ! I t's none of their business what you may or may not have received in the past or
what documents you have in your control.

I suggest something along the lines of:

Ref: CC Claim No. :

Sir/ Madam,

I refer to your letter dated xxxxxxxxxxx, in which you inquire about documents that I may have inspected or
may have in my control.

Such documents If Any will be disclosed when /if it is appropriate during the court proceedings.

Given that the standard debt " industry" reply to a request under the provisions of CPR 31.14 when relating
to an small claim, it that the request is not applicable because the claim will be allocated to the small claims
track.

I can only presume that your client is not/ was not in possession of any documents supporting it's claim, if
this is so please confirm in writing what documents your client hold if any.

This matter will be brought to the attention of the court.

Yours etc.

nem

[R0b]

Re: Hillesden Securities T/A DLC county court claim Black Horse

Good morning Farmboy,

What a load of bowlocks ! I t's none of their business what you may or may not have received in the past or
what documents you have in your control.

I suggest something along the lines of:

Ref: CC Claim No. :

Sir/ Madam,

I refer to your letter dated xxxxxxxxxxx, in which you inquire about documents that I may have inspected or
may have in my control.

Such documents If Any will be disclosed when /if it is appropriate during the court proceedings.

Given that the standard debt " industry" reply to a request under the provisions of CPR 31.14 when relating
to an small claim, it that the request is not applicable because the claim will be allocated to the small claims
track.

I can only presume that your client is not/ was not in possession of any documents supporting it's claim, if
this is so please confirm in writing what documents your client hold if any.

This matter will be brought to the attention of the court.

Yours etc.

nem

So nice with your response there, I would have been much harsher

[nemesis45]

Re: Hillesden Securities T/A DLC county court claim Black Horse

So nice with your response there, I would have been much harsher

Used this quite often when MC gets it's knickers in a twist over CPR 31.14 it seems to me that they as
a routine reject CPR request on the usual spurious grounds that's fine any idea that a defendant may
have something in hand it's then the panic sets in.

The follow up to this is much more harsh.

Be " nice " first then " slap em down"!!

nem

[Farmboy]

Re: Hillesden Securities T/A DLC county court claim Black Horse

Thanks nemesis45,

i thought it it looked a bit ridiculous asking me what docs I had. I guess the next line would be to send any to them so they had something to work with.

i will get on with this reply and a letter to the court for the 28 day extension.

regards