Hillisden Securities Black Horse court claim

[ironman]

Re: Hillisden Securities Black Horse court claim

Next question, extension of 28 days agreed, court informed with consent letter from the solicitors as to CPR 15.5

Do the court inform you that they have acknowledged the 28 day extension??

[ironman]

Re: Hillisden Securities Black Horse court claim

CCBC has just sent me an email confirming receipt of the 28 day extension agreed by myself and the solicitor

That is a total of 17 days after i sent them the agreed request by Email

[Amethyst]

Re: Hillisden Securities Black Horse court claim

lol, they are a bit pants. Did they confirm your new defence date?

[Amethyst]

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

Ahh - this will be their 'template' which they will say they send as a matter of course to all debtors on assignment and will come up with screen notes to confirm it was sent. Still, as it stands, it isn't proof of a sausage.

[ironman]

Re: Hillisden Securities Black Horse court claim

Good morning

Thank you for your email the contents of which have been noted.



If you require any further information please email us or contact our helpdesk on the number below.
Regards
Mrs C R Crockatt
CCBC Emails Correspondence
Northampton County Court Bulk Centre
St Katharine’s House
21-27 St Katharine’s Street
Northampton
NN1 2LH

01604 619400 / 0300 123 1056 – CCBC / MCOL Helpdesk
01604 619402 / 0300 123 1057 – MCOL Claimant Helpdesk

[ironman]

Re: Hillisden Securities Black Horse court claim

That is all that was received from CCBC, nothing else

I put in my letter to the court extension of defence as to 15.5 agreed until the 20 July

[ironman]

Re: Hillisden Securities Black Horse court claim

Defence is last day tomorrow, all done but another angle

Hillesden Securities have just sent a template Notice of Assignment and People have been saying that that is irrelevant as they can rely on records, screen shots etc

What about

HFO Capital Limited v Burney

[Kafka]

Re: Hillisden Securities Black Horse court claim

Can you post up the NoA with personal details removed?

There was a famous case where Cabot forged one and signed it with the name of the wrong bank! In other case they used the address that the person didn't move to until the next year.

[Streetwise]

Re: Hillisden Securities Black Horse court claim

CCA request will be sent RD first thing in the morning

Did you get a reply to your C.C.A request did you send a one pound postal order with the request.

[ironman]

Re: Hillisden Securities Black Horse court claim

I never received any NOA, that is why they sent the assignment template and my reason for using HFO Capital Limited v Burney

They have also sent a reconstructed credit agreement, not the original

[ironman]

Re: Hillisden Securities Black Horse court claim

1. It is not admitted with regards to the Respondent entering in to any Agreement referred to in the Particulars of Claim with the Claimant.

2. It is denied with regards to the Respondent owing any monies to the Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has reached the amount claimed for; and
(b) show how the Claimant has the legal right, either under statute or equity to issue a claim.

3. No notice of Default sums has been received from the original creditor as to S.86E(2) Consumer Credit Act 1974 (CCA)

4. Section 86E(5) CCA stipulates that any notice not received as to Section 86E(2) the creditor will not be entitled to enforce the agreement.

5. The Respondent avers that no Assignment notice has been received by the Respondent and puts the claimant to strict proof.

6. The Respondent avers that until the claimant, being an assignee of the debt has commenced proceedings to enforce the agreement, until the assignee complies with s.86E(2) of the CCA 1974, he is not entitled to enforce the agreement in contravention thereof by operation of s.86E(5)

7. jones V Link Financial [2012] EWHC 2402 (QB) Supports that Hillesden Securities, being the assignee of a debt is the creditor within the meaning of s.189 CCA 1974 (As Amended), Therefore is under statutory duty (S.86E(2) CCA 1974) to serve notice of Default sums before he can be entitled to enforce any credit agreement.

8. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

9. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 with section 196 of the Law of Property Act 1925 and Section 82A of the Consumer Credit Act 1974

10. If any assignment exists, the respondents requests an order to inspect such Deeds of Assignment to confirm good title is effectual. The respondent will be relying on Van Lynn Developments Limited v Pelias Construction [1969] 1QB607 and HFO Capital Limited v Burney [2011] EW Misc 23 (CC) Case No: 1QC52520

11. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[Amethyst]

Re: Hillisden Securities Black Horse court claim

Did you have a response to your cca request ? If not, put it in the defence. Ahhh, yes, reconstructed- is it compliant?

[ironman]

Re: Hillisden Securities Black Horse court claim

no, the Agreement is blank, nothing inserted at all. I will put in an extra paragraph

do you think it is ok anyway??

[Amethyst]

Re: Hillisden Securities Black Horse court claim

Does it contain all the prescribed terms and is it a recon of what you would have had at inception of the account? I'll check through rest tmw when brains back on charge xx

[ironman]

Re: Hillisden Securities Black Horse court claim

The agreememt is just a template, nothing on it at all, not even my name