Hillisden Securities Black Horse court claim

[ironman]

Good morning people and thankyou for allowing me onto the forum.

Two weeks ago i received a court claim from a company called Hillisden Securities. After Googling them i was linked to a debt site called the consumer action group. It has a good library of posts to research but i received a very limited amount of replies and i feel a bit like a fish out of water. To be honest i was not impressed so i stumbled on this Forum which has had some good reports. Anyway, enough of my waffling.

The claim was issued on the 21st may
Claim acknowledged 6th June and defending in full
CPR 31.14 request sent 6th June and received by the Solicitors 9th june by recorded delivery
Request made for a copy of the Agreement, Default Notice, Assignment Notice, and full Statement of Account

This is from a Black Horse loan taken out in 2009 and they are asking for £1500

I make the Defence has to be submitted by the 23 june

That covers it i believe so any pointers will be a great help

[FlamingParrot]

Re: Hillisden Securities Black Horse court claim

Good morning people and thankyou for allowing me onto the forum.

Two weeks ago i received a court claim from a company called Hillisden Securities. After Googling them i was linked to a debt site called the consumer action group. It has a good library of posts to research but i received a very limited amount of replies and i feel a bit like a fish out of water. To be honest i was not impressed so i stumbled on this Forum which has had some good reports. Anyway, enough of my waffling.

Welcome to Beagleland

You're not the first, the second or the third... a lot of us have been there, done that... :beagle:

The claim was issued on the 21st may
Claim acknowledged 6th June and defending in full
CPR 31.14 request sent 6th June and received by the Solicitors 9th june by recorded delivery
Request made for a copy of the Agreement, Default Notice, Assignment Notice, and full Statement of Account

This is from a Black Horse loan taken out in 2009 and they are asking for £1500

I make the Defence has to be submitted by the 23 june

That covers it i believe so any pointers will be a great help

Most people on here also send a CCA request in addition to the request under the CPR.

On what grounds do you plan to defend this claim? Was there any PPI bundled up with the loan?

As the loan was take out in 2009, some unenforceability arguments often used to defend claims where the creditor has not been able to produce a properly executed agreement, may not apply. :sad:

[ironman]

Re: Hillisden Securities Black Horse court claim

After doing reams of research, never received a default notice, notice of default sums, assignment notice, annual statement etc.

I believe my only option as to this will be the enforceability option through lack of
procedure. I will be totally honest, i do not even remember taking out this loan, mind you due to circumstances back then i was applying to every tom, dick and harry for a loan.

If i do get a judgement then i will pay it, it is £1500 and i should be able to drag this out for a few months to get the cash together. It just puts a thorn in my throat that i will end up paying a debt agency, which i will rather not if i can help it. This is not me ignoring my responsibilities, no doubt the majority of this debt will have been made up of fictitious charges.

[ironman]

Re: Hillisden Securities Black Horse court claim

As expected, received a letter from the solicitors as to my CPR 31.14 request today stating the will agree to a 28 day extension.

They have started this claim without having the required documentation. Phoned the solicitors who keep saying i need to contact Hillisden securities, yet the address for all communication on the N1 court form is the solicitors.

Do i have to agree to the 28 day extension they have asked for, why should i give them more time to build a case against me when they did not have the documentation to begin with?



We acknowledge receipt of your request for disclosure filed in accordance with Part 31 of the
Civil Procedure Rules.

Our Client is still awaiting documentation from the original lender. As soon as we are able to
provide you with a full response, we will do so.

Should you require an extension of time to file your Defence, we will consent to an extension
of 28 days.

Yours faithfully

[FlamingParrot]

Re: Hillisden Securities Black Horse court claim

As expected, received a letter from the solicitors as to my CPR 31.14 request today stating the will agree to a 28 day extension.

Actually, not all solicitors agree to the 28 extension. BC most often just refuse point blank to supply any documents or agree to an extension. :mad2: :rant: :mad2: :rant:

They have started this claim without having the required documentation. Phoned the solicitors who keep saying i need to contact Hillisden securities, yet the address for all communication on the N1 court form is the solicitors. Do i have to agree to the 28 day extension they have asked for, why should i give them more time to build a case against me when they did not have the documentation to begin with?

The extension is not to build a case against you but to satisfy your request for documents under CPR 31.14. They are unable to supply them in 7 days and CPR 15.5 allows the parties to agree to an extension of up to 28 days. Many people here have had to struggle to get the claimants' solicitors to agree. This is all part of the process, without the extension, you'd be forced to submit a defence without documents before the original deadline of 33 days from date of claim (including service).

We acknowledge receipt of your request for disclosure filed in accordance with Part 31 of the Civil Procedure Rules.

Our Client is still awaiting documentation from the original lender. As soon as we are able to provide you with a full response, we will do so.

Should you require an extension of time to file your Defence, we will consent to an extension of28 days.

Yours faithfully

You need to forward this to the court so they are aware of the agreement to an extension. :typing: :thumb:

[ironman]

Re: Hillisden Securities Black Horse court claim

Appreciated, can i forward it on line as this is a money cliam through Northampton, or do i have to physically have to post it to the court?

Does that mean also i now have a total of 56 days to submit my defence from the date of the claim, or just an extra 14 days from the 33 days

[FlamingParrot]

Re: Hillisden Securities Black Horse court claim

Appreciated, can i forward it on line as this is a money cliam through Northampton, or do i have to physically have to post it to the court?

Yes, you can do it by email. :typing:

Does that mean also i now have a total of 56 days to submit my defence from the date of the claim, or just an extra 14 days from the 33 days

The 28 days are on top of your previous deadline to file your defence, so yes, it would be 56 days from date on claim + the 5 days allowed for service. :thumb:

[ironman]

Re: Hillisden Securities Black Horse court claim

One last point, why is it not advisable i do my defence and simply state they have not responded to my CPR 31.14 request within 14 days. From looking at various threads the claimant has 28 days from when the deadline goes in for submitting the defence as to continue of not. I just do not wish to give them any more time than necessary. After all, they should have had the documents before they started the claim.

would value your comments

[ironman]

Re: Hillisden Securities Black Horse court claim

Doing some more digging.

It has been reported that in the CPR 31.14 request, and in particular the production of the default notice:

Can a judge not say that "On the balance of probabilities" if the creditor cannot locate the default notice, he considers a default notice was sent out by relying on a statement from the creditor that the computer says one was sent out.

[Amethyst]

Re: Hillisden Securities Black Horse court claim

With regards asking for an extension, it goes to show the court you have acted reasonably and done everything possible to find out the details of the claim before going to the court for help by submitting a defence or application asking them to order supply of the documents. It just helps your case (annoying as that is).

Also handy if they refuse an extension as they then look quite unreasonable to the court

[FlamingParrot]

Re: Hillisden Securities Black Horse court claim

One last point, why is it not advisable i do my defence and simply state they have not responded to my CPR 31.14 request within 14 days.

You could do that, but bear in mind that not having supplied you with the documents doesn't mean they will never be able to obtain them. They could come up with the documents at any time and, if they are compliant, what would your defence be? For example, in the case quoted below, the have unexpectedly supplied the documents just before the unless order hearing:

Hi Guys
I just had a very worring letter from byan Carter regarding Court case and unless order hearing next week. To my surprise they have send a sign credit agreement and a letter of asignment of the debt, this letter I have not seen before.
Guys I am really very frustrated and really need your advise on what to do now. The letter state that they will not be attending the hearing and relying on their submission of evidence mentioned above. It's a very long four page letter.

From looking at various threads the claimant has 28 days from when the deadline goes in for submitting the defence as to continue of not.

Once you have submitted your defence, the court will send it to the claimant. They have 28 days in which to decide whether they wish to continue or not, based on the arguments raised in your defence. They will have those 28 days regardless of when you submit your defence, the countdown starts from the time they receive your defence from the court. :clock:

It has been reported that in the CPR 31.14 request, and in particular the production of the default notice:

Can a judge not say that "On the balance of probabilities" if the creditor cannot locate the default notice, he considers a default notice was sent out by relying on a statement from the creditor that the computer says one was sent out.

Yes, they could. Most creditors will argue that they do not keep copies of DNs, nor are they usually provided with a SAR.

[FlamingParrot]

Re: Hillisden Securities Black Horse court claim

With regards asking for an extension, it goes to show the court you have acted reasonably and done everything possible to find out the details of the claim before going to the court for help by submitting a defence or application asking them to order supply of the documents. It just helps your case (annoying as that is).

Also handy if they refuse an extension as they then look quite unreasonable to the court

In this case, the claimant's solicitors were the first ones to agree to the extension. :grin:

Looks like the OP didn't even ask! :noidea:

As expected, received a letter from the solicitors as to my CPR 31.14 request today stating the will agree to a 28 day extension.

[ironman]

Re: Hillisden Securities Black Horse court claim

If the creditor then states they do not have the Default notice, how can you then check if the default notice was in the correct form or gave the correct remedy period. This whole document is a prelude to the whole litigation process. Any fault in the default notice will call the whole clai into question. It seems to me to be the most important part of a claim next to the agreement

[ironman]

Re: Hillisden Securities Black Horse court claim




Just asking for confirmation, does the solicitor have to give a physical date as to the extension of filing my defence, is stating just 28 days applicable

[ironman]

Re: Hillisden Securities Black Horse court claim

Can anyone please confirm what the last day will be for submitting my defence as to the 28 day extension agreed by the solicitor.

The date of claim is the 21 may