Hillisden Securities Black Horse court claim

[Amethyst]

Re: Hillisden Securities Black Horse court claim

21st May plus 33 days plus 28 days should be about 20th July xx

[Amethyst]

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

Just saying 28 days is fine, it's as you know, 28 days added on to the normal defence filing date. You do however need to send a copy of this confirmation to the court so they can note on their files that the date has been extended by mutual consent.

[ironman]

Re: Hillisden Securities Black Horse court claim

Can i send this letter direct to the court in northampton via email>>

Do you have the correct email address ??

Sincere thanks

[Amethyst]

Re: Hillisden Securities Black Horse court claim

Can i send this letter direct to the court in northampton via email>>

Do you have the correct email address ??

Sincere thanks

ccbcdefendants@hmcts.gsi.gov.uk

should be it

[ironman]

Re: Hillisden Securities Black Horse court claim

Thank you

[ironman]

Re: Hillisden Securities Black Horse court claim

Defence due monday 23 June.
Email sent today to the court (Northampton Business Court) with copy letter from the Solicitors agreeing to the 28 day extension as to CPR 15.5
Recorded Delivery letter sent today to the Solicitor informing them i have emailed the court and agree to the 28 day extension as to CPR 15.5

[Amethyst]

Re: Hillisden Securities Black Horse court claim

Good stuff, give it till about 7-10 days before the end of that period and we can look at what you have and what needs doing (defence / admission / application for unless order etc)

You sent the CCA request as well didn't you?

[ironman]

Re: Hillisden Securities Black Horse court claim

I have not done the CCA Request yet, if needed i will do it in the morning.

May i ask why as the CPR 31.14 specific asks for a copy of the agreement.

As court proceEdings have now started, am i not under the timetable of the court, and not the CCA??

[Amethyst]

Re: Hillisden Securities Black Horse court claim

The CPR asks for a copy of the agreement yes, and that serves as evidence in the case, however under the consumer credit act there are specific things that need to be done and failiure to comply with a formal CCA request makes the debt unenforceable whilst they are in default (ie they can't get judgment until they comply) - to comply the agreement has to meet certain standards, have certain wording in and be legible - http://www.legislation.gov.uk/ukpga/1974/39/section/78

The CCA is 12 working days, which is plenty of time inside the court timescales, and if they fail to comply you can use that as a part of your defence.

CCA here - http://www.legalbeagles.info/forums/...y-of-Agreement - resgitered post is a good idea to evidence delivery and you must include a £1 cheque or postal order with it.

[ironman]

Re: Hillisden Securities Black Horse court claim

CCA request will be sent RD first thing in the morning

[Amethyst]

Re: Hillisden Securities Black Horse court claim

Good good xx

[ironman]

Re: Hillisden Securities Black Horse court claim

Have been doing some digging as to not submitting a defence and going for a strike out for non compliance of CPR 31.14.

It is my understanding that if the claim is struck out, that is not the same as dismissed. If dismissed then that is the end, but if struck out the claimant can resubmit the claim at a later date when they have located the required documents.

If a defence is exchanged and the claim is struck out, the claimant will then need the permission of the court to lodge the claim again if the claim is similar as to the last perticulars of claim. CPR. 38.7

So my question is:

For failure to comply with a Directions order from the judge, how can you guarantee the claim be Dismissed, and not just struck out

[ironman]

Re: Hillisden Securities Black Horse court claim



Received a letter from the solicitors this morning as to the Assignment notice. It stipulates that they have enclosed an assignment template.

It is just a template, it has no details of mine, no Date, Address, how it was served, was it served by Registered/recorded delivery. How do i know they even had the Legal rights to this account at all when the state they do

Comments please

[ironman]

Re: Hillisden Securities Black Horse court claim

Doing more research

What would be the situation if the original creditor prior to assignment failed to issue notices of default sums as to S.86(B)(D) consumer credit Act

86D(4) STIPULATES :

(4)The debtor or hirer shall have no liability to pay—

(a)any sum of interest to the extent calculated by reference to the period of non-compliance or to any part of it; or

(b)any default sum which (apart from this paragraph)—

(i)would have become payable during the period of non-compliance; or

(ii)would have become payable after the end of that period in connection with a breach of the agreement which occurs during that period (whether or not the breach continues after the end of that period).

So if the original creditor failed to issue any notices of Default Sums as to s.86D(3) prior to any assignment to a DCA,. the assignment will be ineffectual in law and an absolute defence

comments people

[ironman]

Re: Hillisden Securities Black Horse court claim

In two weeks i will have to start putting my defence in order, i believe i have enough information but clarification please

Has the original Creditor prior to sale to a collection agency got to send you a Termination notice, and if so, what are the penalties for not doing so.,, or cannot provide a copy