Hillesden Securities vs darmah900

[darmah900]

Firstly, hello and I'd like to extend my Christmas Greetings to all the people on here who help folks like me in difficulty!
I received a Claim Form on 15/12/2015 (dated 11/12/2015) with the Claimant as Hillesden Securities Ltd and the Claimant's solicitors as Restons.
I acknowledged the claim online with my intention to defend (I believe this is now statute barred, as the car was voluntarily surrendered in September 2009 and I've made no payments since). I sent a CCA to Hillesden and a CPR to Restons (CCA signed for on 22/12/2015, CPR signed for on 23/12/2015).

Particulars of claim as below:

The Claimant claims payment of the overdue balance due from the Defendant (s) under a contract between the Defendant (s) and Black Horse Ltd.
dated on or about Apr 08 2005 and assigned to the Claimant

PARTICULARS a/c no ***********

DATE ITEM VALUE
10/11/2015 Default Balance 2593.50
Post Refrl Cr NIL

TOTAL 2593.50


On Christmas Eve my CCA request was returned by Cabot Financial (!?) with a letter stating that I sent them a payment (postal order) which could not be cashed as it was made out to Hillesden Securities (who are the Claimant as detailed on the Court Claim!). The letter gives a completely different reference and gives the original creditor as DLC (the bones of which are as below).

Our Reference: (totally different)

Dear Mr. xxxx

Outstanding Balance : £2788.50
Creditor: Cabot Financial UK Limited
Original Creditor: DLC
Original Reference: (different again!!)


The letter asks me to make my P/O payable to Cabot and also offers "other payment methods" (direct debit, Debit card, standing order, Cabot payment card)

My question is.... who do I send my CCA request to now!? Who am I dealing with?

Thanks in advance.

[darmah900]

Re: Hillesden Securities vs darmah900

Well, I think I'll just have to send the CCA request back to Hillesden with a blank postal order and see what happens.........


(I'm not sure if I did something wrong, but when I originally tried to post this using the template form it kept saying "message too short")

EDIT: I've just read another post (by Nemesis) stressing that it should be payable to "Hillesden Securities Ltd T/A DLC", so that's what I'll do!

[darmah900]

Re: Hillesden Securities vs darmah900

I'm going to go with statute barred, as I've had no further replies from Hillesden or Restons. I'll type something up and post it on here I guess.........

[EXC]

Re: Hillesden Securities vs darmah900

I'll give [MENTION=55034]nemesis45[/MENTION] and [MENTION=6]Amethyst[/MENTION] a shout.

[nemesis45]

Re: Hillesden Securities vs darmah900

I'll give @nemesis45 and @Amethyst a shout.

Good morning [MENTION=332]EXC[/MENTION]. That's either a very early or very late post.

nem:tinysmile_twink_t2:

[Nibbler]

Re: Hillesden Securities vs darmah900

Noticed yesterday that Hillesden backed down on this one: http://www.consumeractiongroup.co.uk...=1#post4842638

Sent off CCA Requesticon, Civil Procedureicon for defence and complained to DLC about Mortimer Clarke changing the law to suit themselves.

Complained that they have been informed its statute barred and if they continued, once informed, I would take complaint to all relevant bodies.

Complaint upheld, discontinued, alleged debt permanently wiped.

[nemesis45]

Re: Hillesden Securities vs darmah900

I'm going to go with statute barred, as I've had no further replies from Hillesden or Restons. I'll type something up and post it on here I guess.........

Good morning Darmah,

Responding to tag from [MENTION=332]EXC[/MENTION]

Statute barred is a complete defence, the non compliance with the CCA request renders the debt unenforceable UNTIL
a complaint agreement is supplied.

Take a look at some threads with defences to get an idea of content and format, post it here and I'd be pleased to go through it with you.

just tag [MENTION=55034]nemesis45[/MENTION]

nem

[darmah900]

Re: Hillesden Securities vs darmah900

Thanks Nemesis!

How does this look..... and in point 6, should I put the date I sent the first CCA request (the one that Cabot then sent back!)?

Do I send this by post as well as submitting it online?

Many thanks!

Claim No: xxxxxxxxxx
Between:

Claimant: Hilleseden Securities Ltd T/A DLC

and

Defendant: Mr xxxxxxx
Of: xxxxxxxxx

Defence:

1. I received the claim on 15^th December 2015 from the Northampton County Court Business Centre.

2. All statements in the claimant’s statement of claim are denied, unless specifically admitted below.

3. The claimant’s statement is vague and is not fully particularised and does not allow me to fully enter my defence.

4. The claim appears to be in regard to an account with Black Horse Finance Ltd.

5. The defendant admits to entering into an agreement with Black Horse Finance, but holds no documents in regard to it.

6. On date ???????? I sent a request under the provisions of the Consumer Credit Act 1974 for a copy of the contract mentioned in the statement of the claim to the claimant together with the £1.00 statutory fee.

7. The claimant has not responded to this request.

8. On 21^st December 2015 I sent a request made under the provisions of Civil Procedure Rule 31. 14 for inspection of the documents mentioned in the claimant’s statement of claim to Restons Solicitors Ltd.

9. Restons Solicitors Ltd have not responded to this request.

10. The defendant avers that the alleged debt which is the subject of this claim was statute barred under the provisions of the Limitation Act 1980 when this claim was issued, no payment or acknowledgment having been made in more than 6 years.

11. The claimant is to be to strict proof that the alleged debt was not statute barred on the relevant date.

12. It is denied that the claimant is entitled to the relief claimed or any relief at all.

Statement of truth:

The defendant believes the statements made above are the truth to the best of his knowledge and belief.


Signed: Defendant: Print Name: Dated:

[darmah900]

Re: Hillesden Securities vs darmah900

Thanks Nemesis!

How does this look..... and in point 6, should I put the date I sent the first CCA request (the one that Cabot then sent back!)?

Do I send this by post as well as submitting it online?

Many thanks!

Claim No: xxxxxxxxxx
Between:

Claimant: Hilleseden Securities Ltd T/A DLC

and

Defendant: Mr xxxxxxx
Of: xxxxxxxxx

Defence:

1. I received the claim on 15^th December 2015 from the Northampton County Court Business Centre.

2. All statements in the claimant’s statement of claim are denied, unless specifically admitted below.

3. The claimant’s statement is vague and is not fully particularised and does not allow me to fully enter my defence.

4. The claim appears to be in regard to an account with Black Horse Finance Ltd.

5. The defendant admits to entering into an agreement with Black Horse Finance, but holds no documents in regard to it.

6. On date ???????? I sent a request under the provisions of the Consumer Credit Act 1974 for a copy of the contract mentioned in the statement of the claim to the claimant together with the £1.00 statutory fee.

7. The claimant has not responded to this request.

8. On 21^st December 2015 I sent a request made under the provisions of Civil Procedure Rule 31. 14 for inspection of the documents mentioned in the claimant’s statement of claim to Restons Solicitors Ltd.

9. Restons Solicitors Ltd have not responded to this request.

10. The defendant avers that the alleged debt which is the subject of this claim was statute barred under the provisions of the Limitation Act 1980 when this claim was issued, no payment or acknowledgment having been made in more than 6 years.

11. The claimant is to be to strict proof that the alleged debt was not statute barred on the relevant date.

12. It is denied that the claimant is entitled to the relief claimed or any relief at all.

Statement of truth:

The defendant believes the statements made above are the truth to the best of his knowledge and belief.


Signed: Defendant: Print Name: Dated:

@nemesis45

[nemesis45]

Re: Hillesden Securities vs darmah900

Good morning Darmah,
Responding to Your PM

Mention both CCA requests, with the first one add the action take i.e. the request was returned etc.
Mention the name of the company to which you sent the requests.
e.g. On xxxxxx I sent a request under the provision etc. to company name.

tag is [MENTION=55034]nemesis45[/MENTION]
nem

[darmah900]

Re: Hillesden Securities vs darmah900

Thank you Nemesis! I've just got in from work to find my second CCA request has again been returned by Cabot (same covering letter stating that they are the creditor and cannot cash my postal order, etc.).

time's running out for me to get my defence in, so how does this look?


Claim No: XXXXXXX
Between:

Claimant: Hilleseden Securities Ltd T/A DLC

and

Defendant: Mr xxxxxxx
Of:

Defence:

1. I received the claim on 15^th December 2015 from the Northampton County Court Business Centre.

2. All statements in the claimant’s statement of claim are denied, unless specifically admitted below.

3. The claimant’s statement is vague and is not fully particularised and does not allow me to fully enter my defence.

4. The claim appears to be in regard to an account with Black Horse Finance Ltd.

5. The defendant admits to entering into an agreement with Black Horse Finance, but holds no documents in regard to it.

6. On 21^st December 2015 I sent a request under the provisions of the Consumer Credit Act 1974 for a copy of the contract mentioned in the statement of the claim to Hillesden Securities Ltd T/A DLC (the claimant) together with the £1.00 statutory fee. This was delivered and signed for on 22^nd December 2015.
7. The above request and the £1.00 statutory fee was returned to me on 24^th December 2015 by Cabot Financial UK Ltd with a letter stating that they are the creditor and that my payment could not be cashed as it was payable to Hillesden Securities Ltd T/A DLC.

8. On 21^st December 2015 I sent a request made under the provisions of Civil Procedure Rule 31. 14 for inspection of the documents mentioned in the claimant’s statement of claim to Restons Solicitors Ltd. This was delivered and signed for on 23^rd December 2015.

9. Restons Solicitors Ltd have not responded to this request.
10. On 29^th December 2015 I sent a second request under the provisions of the Consumer Credit Act 1974 for a copy of the contract mentioned in the statement of the claim to Hillesden Securities Ltd T/A DLC (the claimant) together with the £1.00 statutory fee. This was delivered and signed for on 30^th December 2015.
11. The above second request and the £1.00 statutory fee was again returned to me on 12^th January 2016 by Cabot Financial UK Ltd with a letter stating that they are the creditor and that my payment could not be cashed as it was payable to Hillesden Securities Ltd T/A DLC.

10. The defendant avers that the alleged debt which is the subject of this claim was statute barred under the provisions of the Limitation Act 1980 when this claim was issued, no payment or acknowledgment having been made in more than 6 years.

11. The claimant is to be to strict proof that the alleged debt was not statute barred on the relevant date.

12. It is denied that the claimant is entitled to the relief claimed or any relief at all.

Statement of truth:

The defendant believes the statements made above are the truth to the best of his knowledge and belief.


Signed: Defendant: Print Name: Dated:

@nemesis45

[nemesis45]

Re: Hillesden Securities vs darmah900

Hello Darmah,

Can you post a copy of this letter asap after removing all your personal information this
is Cabot et al playing silly buggers.

I'll go through your defence asap.


nem.

[darmah900]

Re: Hillesden Securities vs darmah900

Here's today's letter. Interestingly, the first one had the original creditor as DLC (different reference numbers to the court claim) and this one has the original creditor as Black Horse (different reference again!).

Many thanks Nemesis! (I hope I've attached it ok!) @nemesis45

[nemesis45]

Re: Hillesden Securities vs darmah900

Here's today's letter. Interestingly, the first one had the original creditor as DLC (different reference numbers to the court claim) and this one has the original creditor as Black Horse (different reference again!).

Many thanks Nemesis! (I hope I've attached it ok!) @nemesis45

That's fine Darmah thank you.

Can you please do the same with your Claim Form (N1) I'd like to get top the bottom of this.

nem

[darmah900]

Re: Hillesden Securities vs darmah900

Here it is.

Thanks for the quick replies!

@nemesis45