Oh Shit

[Noah]

Hi , I need some help please

I have just got in from work and found a claim on my doormat from Hillesden Securities for £15043
The claim is dated 27th July

The particulars are
The claimant claims the sum of £15043.26 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit credit act 1974 between the defendant and Liverpool Victoria dated on or around 4th June 2006 under account reference No xxxxxxxx and assigned to the claimant on 4th May 2010 notice of which has been given to the defendant

The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served
The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum lah blah blah


I did receive two different default notices in early 2007

Any ideas what I do now ?

[nemesis45]

Re: Oh Shit

Hi , I need some help please

I have just got in from work and found a claim on my doormat from Hillesden Securities for £15043
The claim is dated 27th July

The particulars are
The claimant claims the sum of £15043.26 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit credit act 1974 between the defendant and Liverpool Victoria dated on or around 4th June 2006 under account reference No xxxxxxxx and assigned to the claimant on 4th May 2010 notice of which has been given to the defendant

The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served
The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum lah blah blah


I did receive two different default notices in early 2007

Any ideas what I do now ?

Ok let's get some details :
Is this fixed term loan account?
You need to start with a Request for the agreement relevant to the account (CCA Request) This goes direct to Hillesden. A £1 statutory fee is payable (use cheque or postal order endorsed " For Statutory Fee Only) Hillesden has 12 + 2 Working Days to Comply. ( use the template from the forum library}
Is there a m solicitor name on the claim form?
Some history of the account please:
When was the last payment or written acknowledgment of the debt made?
When was the account defaulted?
Is the account on your credit reference files ? If you have not checked try Noddle it's free online.
Is this the first contact you have had from Hillesden?

nem

[Kati]

Re: Oh Shit

As Nem says ... a CCA request is a must :nod:
You'll find links to various templates on Amethyst's thread (quoted below):

Firstly, don't panic.

Secondly, many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

If you are unsure of any of those steps then please make a new thread on the forum (you must be registered to do this)

Once those letters have been sent off you should make a new thread on the forum (you must be registered to do this) and make a post titled the claimants name v your username, and containing the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim. Also tell us any specific disputes or background to the claim you may have. If you know please also tell us the last time you made a payment towards the debt or acknowledged the debt in writing, and confirm you have acknowledged the claim, and what letters you have sent off.
OR
If you received a court claim and want to start a new thread in this forum please complete this form . Thank you.


And people here will help guide you through the next steps.

NOTE: The defence date is 28 days from service (ie when you received the claim) or 33 days (which allows 5 days for service) from the issue date printed on the front of the claim form.

http://www.timeanddate.com/date/dateadd.html

[Mr $quanda£ot]

Re: Oh Shit

When is the last time you made a payment on this one? Sounds like it could be statute barred. If you haven't made any payments or acknowledged the alleged debt in the last six year, then it's statute barred and that's an absolute defence.

[Noah]

Re: Oh Shit

Ok let's get some details :
Is this fixed term loan account? Yes
You need to start with a Request for the agreement relevant to the account (CCA Request) This goes direct to Hillesden. A £1 statutory fee is payable (use cheque or postal order endorsed " For Statutory Fee Only) Hillesden has 12 + 2 Working Days to Comply. ( use the template from the forum library} Sent one in 2012, do I need to send another
Is there a m solicitor name on the claim form? Yes Aplins
Some history of the account please:
When was the last payment or written acknowledgment of the debt made? Early 2012
When was the account defaulted? Not sure but I got into difficulty in 2007
Is the account on your credit reference files ? If you have not checked try Noddle it's free online. No
Is this the first contact you have had from Hillesden? No but nothing since 2013

nem

History
Had a credit card with morgan stanley, got a leaflet for a loan, applied was given it. Very soon got into difficulty . Went into a DMP until 2011, sent a cca request in 2012 and got a reply but headed Liverpool Victoria. It did have my signature on it. The loan was 15K but I know it went up to about 18.5K . I think I had a Default notice , maybe more than one I cant remeber. Never seen it on my credit file
Have been ignoring it since 2013

[Mr $quanda£ot]

Re: Oh Shit

Unfortunately not statute barred.

[nemesis45]

Re: Oh Shit

History
Had a credit card with morgan stanley, got a leaflet for a loan, applied was given it. Very soon got into difficulty . Went into a DMP until 2011, sent a cca request in 2012 and got a reply but headed Liverpool Victoria. It did have my signature on it. The loan was 15K but I know it went up to about 18.5K . I think I had a Default notice , maybe more than one I cant remeber. Never seen it on my credit file
Have been ignoring it since 2013

I remember these loans now you mention how you were "sold" it, virtually no credit checking and no mention of LV until the loan was granted they used the credit card data as a " credit check" I think!

Definitely get the CCA request away asap as [MENTION=49370]Kati[/MENTION] said there could be some defects in it.

Have you made a recent check on credit files? It would help to check to see if Hillesden has place any data on file.

Is there a solicitor named on the claim form?

nem

[jon1965]

Re: Oh Shit

Nem, if you look you will see that Aplins are the solicitor, a CCA request was sent in 2012

[nemesis45]

Re: Oh Shit

History
Had a credit card with morgan stanley, got a leaflet for a loan, applied was given it. Very soon got into difficulty . Went into a DMP until 2011, sent a cca request in 2012 and got a reply but headed Liverpool Victoria. It did have my signature on it. The loan was 15K but I know it went up to about 18.5K . I think I had a Default notice , maybe more than one I cant remeber. Never seen it on my credit file
Have been ignoring it since 2013

Ok the CCA received in 2012 was this complete with the terms and conditions?
I any case it's well worth a £1 for another request now.

A request to the solicitors Under Civil Procedure Rule 31 .14 (no fee) for the documents mentioned on the particulars of claim i.e. The Regulated Agreement, the Notice of Assignment, and the Default Notice. Sols have 7 days to respond.
The sols must comply with the CPR as the alleged debt is outside the £10K limit for the small claims track.

Get those away asap.

nem

[Noah]

Re: Oh Shit

Thank you for the rsponses
I have been going through all my files
The signed agreement looks ok to me , it has terms and conditions on it but is headed Liverpool Victoria
but
There was a statement showing all payments and they all show Morgan Stanley
There are two default notices with different dates, the statements don't show any payments that were required, a threat of termination and a demand for full payment but again these were all under Morgan Stanley.
I do vaguely remember getting something after I had taken the loan out saying Liverpool Vistoria were now dealing with it and also later something saying it had been sold to Hiilseden. I think most of these later letters went off to my DMP provider.

I get regular copies of my credit file and as far as I know it has never showed on there, it is not on the latest one either

[nemesis45]

Re: Oh Shit

How odd!! I can only guess that the credit ref reporting has been lost in the murk of the Morgan Stanley business transfer and no one has picked it up.

nem

[Noah]

Re: Oh Shit

The default notices dated 2006 and 2007 so wouldn't the defaults have vanished by now, I can only say for certain that I do not remember them on my credit file and that they do not show there now.

I have posted another S77 request . I have also posted a CPR 31.14 off askimg for a certified copy of the credit agreement, proof of assignment and a copy of the default notice. Do I just wait now?

The terms and conditions on my agreement from 2012 are very short, really all on the page of the agreement

[FlamingParrot]

Re: Oh Shit

The default notices dated 2006 and 2007 so wouldn't the defaults have vanished by now, I can only say for certain that I do not remember them on my credit file and that they do not show there now.

Yes they would, although I find it rather strange that there should have been TWO of them. You can only default once, so the one from 2006 would be when you actually stopped paying, and it should have been reported a few months after that so probably dropped off two or three years ago.

I have posted another S77 request . I have also posted a CPR 31.14 off askimg for a certified copy of the credit agreement, proof of assignment and a copy of the default notice. Do I just wait now?

The terms and conditions on my agreement from 2012 are very short, really all on the page of the agreement

They don't have to provide a certified copy, in fact, they are allowed to provide a recon as per Carey v HSBC.

[jon1965]

Re: Oh Shit

Hi
To me it all sounds very odd, thankfully it is from before 2007 so it may well be that 127(3) applies, or it could even be argued that the default notices aren't valid. I know MS sold their loan book to LV in 2006 after LV started labelling MS loans as their own in 2005. Either way I think they have a problem. If it was owned by MS there should have been a NOA to LV, if it was already owned by LV , MS can not default therefore they can not enforce.
If I were you, once you get the paperwork back I would think about legal advice if you can afford it

[FlamingParrot]

Re: Oh Shit

Hi
To me it all sounds very odd, thankfully it is from before 2007 so it may well be that 127(3) applies,

That would be if the agreement in question didn't contain all the prescribed terms. Without seeing it, it's hard to tell. :mmph:

or it could even be argued that the default notices aren't valid.

I'd say only the first one would apply, how can one default in 2006 and then again in 2007? If the 2006 DN didn't give enough time (14 days + service) to remedy the breach, or it asked for the wrong amount (rather than the arrears), then it would be non-compliant.

I know MS sold their loan book to LV in 2006 after LV started labelling MS loans as their own in 2005. Either way I think they have a problem. If it was owned by MS there should have been a NOA to LV,

When the whole portfolio is sold you don't get a NoA as such, you get a letter saying that the accounts have been sold to xyz. The A&L sent me a simple letter in 2002 saying that the credit card had been sold to MBNA, although it was branded A&L till 2009 when MBNA wrote to say they would now be taking over. When Egg sold to Barclays, I just got an email saying the accounts had been passed on to Barclaycard and I should continue making payments as usual. Obviously a generic, blanket email, as I'd not been paying for a year! :lol: it was always an online-only account so I never received any statements or correspondence from Egg.

it was already owned by LV , MS can not default therefore they can not enforce.
If I were you, once you get the paperwork back I would think about legal advice if you can afford it

I don't think Noah has told us who issued the DNs. :noidea: