Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

[MinkyMoo]

Received a claim? Yes
Issue Date: 14-12-2015
Amount approx:
Claimant: Hillesden Securities
Solicitor: Mortimer Clarke
Original Credit: Black Horse Ltd

Particulars of Claim:
The claim is for the balance of instalments due & unpaid under an agreement dated 10/09/2007 & under which BLACK HORSE LTD agreed to sell the Defendant goods for a price payable by instalments ('the Agreement'). The Agreement was assigned to the Claimant. PARTICULARS 1. Amount due & unpaid 39xx.xx THE CLAIMANT THEREFORE CLAIMS 1. Amount due & unpaid 39xx.xx

Stat Barred? Yes

Have sent:

Other Info:
Received the Claim on 17/12/15. Having checked my old bank statements, the last payment I made from my bank account was May 2009. There was one other that could possibly be related to it paid to another recovery agency - Credit Style in July 2009. The only other possible payment that could show on the account is a PPI refund that I believe was taken off the monies due. Unfortunately I can't find the paperwork regarding the PPI claim, to know exactly when that was processed. Do I still fully dispute the claim? Is there a way to find out when the last payment was made to the account?

Sorry, I'm feeling very nervous about what will happen. (Hence still being awake and posting at half in the morning!)

Thanks for your help!

[Nibbler]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Hopefully [MENTION=6]Amethyst[/MENTION] / [MENTION=55034]nemesis45[/MENTION] etc will be around tomorow

[Amethyst]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Thanks Nibbler xx that's the trouble of being up all night and posting in the wee hours, you can get lost in the morning rush xx Apologies.

I'm going to tag [MENTION=55034]nemesis45[/MENTION] again though as there have been some discussions about PPI reclaims acknowledging debts for the purposes of statute barring and I haven't kept up to date on it.

You'll be pleased? (possibly) to know that Blackhorse seem to have just sold on a massive stack of debts to Hillesden etc and there are lots of claims across the forum at the moment.

In all cases the first steps ( http://www.legalbeagles.info/forums/...it-Court-Claim ) should be followed regardless of the statute barring status xxx I'm sure Nem will pop in in the morning, as far as I am concerned though you can state you believe the debt is time barred as your last acknowledgement/payment was May 2009 and the onus will be on them to prove otherwise. The CCA request then serves as back up.

Try not to worry.

[Nibbler]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

You'll be pleased? (possibly) to know that Blackhorse seem to have just sold on a massive stack of debts to Hillesden etc and there are lots of claims across the forum at the moment.

Just did a search and discovered that! They've been busy, and I've been distracted so had not quite grasped how much!

[Amethyst]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

I know it's gone a bit loopy, presumably they are trying to scrape back some of the lost interest they have had to repay people who had agreements running between 2008 and 2012. Poor sausages.

[nemesis45]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Hopefully @Amethyst / @nemesis45 etc will be around tomorow

tis the morrow and I am here [MENTION=49370]Kati[/MENTION]:santa2:nem

[nemesis45]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

PPI claims and acknowledgment relevant to the Limitation 1980.

I maintain and have successfully stated, that PPI is a separate contract from
a loan or credit card agreement, the policy is provided in the majority of cases
by a 3rd party provider and even sometimes underwritten by yet another.

If an individual wishes to reclaim PPI premiums the claim must/should go to the
original creditor, there is a caveat some finance providers have a " deal" with debt
purchasers so that either that the creditor takes back the debt and deals with the PPI.

Some will insist that any refund should be paid to the debt purchaser which is where
problems with the LA '80 can crop up with the debt purchaser insisting that the payments
made to them via the OC restart the 6 year clock.

One has to be persistent to the level of Demanding /Formal Complaints etc. that
PPI premiums are refund to you ( less tax) it's often a slow process.

I maintain always that the debt purchaser should not benefit from a refund
of premiums paid for an inappropriate insurance (mis sold).

Hope that helps.

nem~

[MinkyMoo]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Thankyou for your help! I am just finishing the CCA and CPR letters, for the CCA letter, I require an Account number, but I can't find reference to it on my Claim Form anywhere. Is it usually? For the CPR, in the particulars of claim it states:

Particulars of Claim:
The claim is for the balance of instalments due & unpaid under an agreement dated 10/09/2007 & under which BLACK HORSE LTD agreed to sell the Defendant goods for a price payable by instalments ('the Agreement'). The Agreement was assigned to the Claimant. PARTICULARS 1. Amount due & unpaid 39xx.xx THE CLAIMANT THEREFORE CLAIMS 1. Amount due & unpaid 39xx.xx

So, can I only ask for the Agreement/Contract and Assignment as nothing else is mentioned?

Sorry for all the questions!
Also, I'm not sure if this has any bearing whatsoever, but I've checked my Credit Report through Experian and there is no mention of the debt at all. Is this a good thing?

[nemesis45]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Don't worry about the account number just state " the agreement relevant to the alleged debt".
Yes just the agreement and NOA.

This portfolio of BH debts appears at the moment to consist of very old accounts
some already statute barred.

nem

[MinkyMoo]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Thankyou very much [MENTION=55034]nemesis45[/MENTION] . Will get these sent off 1st Class Recorded on Monday. Hopefully can put this to one side over Christmas and get back to it after the New Year.

Thanks again!

[MinkyMoo]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Hello!

Finally got a reply from Mortimer Clarke and I've attached it below. Do I just send a copy of this to the court to get a 28 day extension? Is it normal that they make out that I have already inspected the documents? I have none of these in my possession and I have never sent a CPR request before?!
Still haven't heard back from Hillesden Securities for the CCA request, and stupidly can't find the receipt for proof of postage. Should I send another?

Many thanks,

[nemesis45]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Hello!

Finally got a reply from Mortimer Clarke and I've attached it below. Do I just send a copy of this to the court to get a 28 day extension? Is it normal that they make out that I have already inspected the documents? I have none of these in my possession and I have never sent a CPR request before?!
Still haven't heard back from Hillesden Securities for the CCA request, and stupidly can't find the receipt for proof of postage. Should I send another?

Many thanks,

A standard template. they have no documents to support their claim and want you to confirm if you have the agreement etc.
The answer is "Orf"!
e.g. Dear MC, I refer to your request for disclosure of documents that I may have under my control, please be advised that should
any such document exist they will be disclosed as and when necessary in the court process.
As you are no doubt fully aware a claimant should have such documents in hand prior to issuing a claim a point that will be put
before the court.

If Hilleden can't comply within the statutory timescale then the debt is rendered unenforceable Until the agreement is supplied, so don't
chase!

nem

[MinkyMoo]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Thank you Nem,

I shall send the reply tomorrow. I was only concerned with the CCA request, as if they don't respond then I now have no proof that I actually sent it. Well done me! Looking at the timescales of other similar cases though, I might get some sort of acknowledgment in a day or two, as there is usually a few days between receiving a response from MC and from Hillesden.

RE the extension: I know there is an email address I can send this to, but can't find it at the minute. Where might I find it please? And what do I need to say in the email (obviously attaching the letter from MC).

Many thanks!

[nemesis45]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Thank you Nem,

I shall send the reply tomorrow. I was only concerned with the CCA request, as if they don't respond then I now have no proof that I actually sent it. Well done me! Looking at the timescales of other similar cases though, I might get some sort of acknowledgment in a day or two, as there is usually a few days between receiving a response from MC and from Hillesden.

RE the extension: I know there is an email address I can send this to, but can't find it at the minute. Where might I find it please? And what do I need to say in the email (obviously attaching the letter from MC).

Many thanks!

For your peace of mind send a new CCA request using signed for post include another statutory fee.
It would be best to inform the court of the extension by signed for post as well.

nem

[MinkyMoo]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Thanks Nem, will do!