Aplins re Hillesden Securities Ltd Court claim

**judgemental24** · 5th October 2015, 09:25:AM

Re: Aplins re Hillesden Securities Ltd Court claim

If the last payment was made August 2009, the cause of action will be the next missed payment as tecnically it will be then when you breached the agreement.

That cause of action will be September 2009

That is very close as a creditor will normally default after a three month period and demand all sums. That is to give you the opportunity to rectify any default status

When did you take out the agreement. Getting an actual early MBNA agreement to enforce in court is like winning the lottery

For the moment acknowledge the claim that your intentions to defend in full. That will give you another 2 weeks breathing space

**Dizzy** · 5th October 2015, 09:29:AM

Re: Aplins re Hillesden Securities Ltd Court claim

Hi judgemental24

Thank you for your help, I took the agreement out 16/06/1998 - this is according to my credit report.

Thanks, I'll respond on line - next I need to prepare my defence.

**judgemental24** · 5th October 2015, 09:32:AM

Re: Aplins re Hillesden Securities Ltd Court claim

Wait for the MBNA experts on this one before you do anything

1998??

Me thinks you are in for a nice surprise on this one

**Dizzy** · 5th October 2015, 09:33:AM

Re: Aplins re Hillesden Securities Ltd Court claim

Ohhhh sounds interesting - should I still go ahead and defend all of the claim?

**judgemental24** · 5th October 2015, 09:36:AM

Re: Aplins re Hillesden Securities Ltd Court claim

Yes, acknowledge with intentions to defend in full

That will give you another 2 weeks to advise and submit a defence

**Dizzy** · 5th October 2015, 09:38:AM

Re: Aplins re Hillesden Securities Ltd Court claim

Thank you :tinysmile_twink_t2:

**nemesis45** · 5th October 2015, 11:00:AM

Re: Aplins re Hillesden Securities Ltd Court claim

Originally posted by Dizzy View Post

Hi

I received a county court claim form 17 September in respect of a credit card I had. Two days after receiving the court claim form I received a "Notice of default sums" for £80.00 from DLC in respect of Hillesden Securities Ltd formerly MBNA.

I have looked at my credit report and the last payment I made was August 2009 and the account was in default from November 2009 - does this make it statute barred?

The particulars of the claim are as follows:
"The claimants claim is in respect of a credit facility XXXXXXXXX, provided by MBNA at the defendants request on 16/06/1998. Failure to meet requests for payment resulted in the account being defaulted. On 23/12/2009 all legal and beneficial interest for the monies was assigned to Hillesden Securities Ltd. The defendant was duly notified in writing of the assignment and that a balance of £3,421.25 was due. The balance of £3,421.25 remains outstanding from the defendant."

I have until tomorrow to respond to the county court claim and I am not disputing the debt (another one where I have buried my head in the sand again!!) I also don't want to go to court again due to past experiences however does anyone know how I should respond to the claim form and is it statute barred?

Hi welcome to LB,

Jobs to do immediately.

Acknowledge service of the claim @ money claim online make sure to make a note of the password instruction are on the court forms. State intention to defend
in full, but don't make an statement re defence now.
Send a CCA request for a copy of the agreement direct to Hillesden there is a £1 statutory fee for this, use a cheque or postal order
endorsed "for statutory fee only" Hillesden has
12 + 2 Working days to comply. Failure to comply renders the debt unenforceable until
an agreement is supplied.

Next a Request made under Civil Procedure Rule (CPR) 31 .14 to Aplins (no fee payable) this is a request
for the documents mentioned in the particulars of the claim only i.e. The notice of Assignment. and the default
notice.
There are templates in the forum library for both requests, signed for post is best.

Are you certain of your dates on the statute barred front i.e. date of last payment?

Statute Barred is a complete defence, but a word of caution some debt purchase companies and their solicitors are claiming that
the default date is the start of the relevant 6 year Limitation Act 6 year period

Get the acknowledgment of service and the requests done today.

nem

**Dizzy** · 5th October 2015, 16:21:PM

Re: Aplins re Hillesden Securities Ltd Court claim

Thank you nemesis45

Letters all done and acknowledgement of service complete,

Looking at my bank statements the last payment I made to MBNA was 17 September 2009 - strange how the court claim form is dated the same date 6 years on! :tinysmile_hmm_t2:

**nemesis45** · 5th October 2015, 16:29:PM

Re: Aplins re Hillesden Securities Ltd Court claim

[QUOTE=Dizzy;580952]Thank you nemesis45

Letters all done and acknowledgement of service complete,
Pure coincidence I think Dizzy.
nem

**Dizzy** · 19th October 2015, 20:19:PM

Re: Aplins re Hillesden Securities Ltd Court claim

Hi

I received a letter from dlc acting on behalf of Hillesden Securities Ltd 14th October acknowledging my CCA request, they have filed a request with MBNA for the documentation which will be sent once received by them. In the interim my account has been placed on hold. I haven't asked them for an extension for filing my defence because no doubt they will not allow one - as per usual!!

Please can someone look at my defence which is due in tomorrow and let me know if any amendments are required?

1: I received the claim Cxxxxx7 from the NorthamptonCounty Court on 17^th September 2015

2: Each and every allegation in the Claimants statement of case is deniedunless specifically admitted in this defence.

3: This claim APPEARS TOBE FOR a CREDIT CARD agreement regulated under the Consumer CreditAct 1974.

4. The Claimants statement of case states that the account was assigned from MBNAto Hillesden Securities LTD on 23^rd December 2009. The Defendantdoes not recall receiving notice of this assignment.

5. It is denied that MBNA served any Default notice on the Defendant pursuantto s87 Consumer Credit Act 1974. The Claimant is required to prove that acompliant Default Notice was served upon the Defendant.

6: On 5^h October 2015 I sent a request for inspection of documentsmentioned in the claimants statement of case under Civil Procedure Rule 31.14to Aplins Solicitors. I requested the Claimant provide copies of the Agreement,Default Notice and Notice of Assignment.

7. Aplins Solicitors has not sent any of these documents to me.

8. On 5^th October 2015 I sent a formal request for a copy of theoriginal agreement to Hillesden Securities Ltd pursuant to sections 77-79 ofthe Consumer Credit Act 1974 along with the statutory £1 fee.

9. The Claimant has failed to comply with s77/s78 Consumer Credit Act 1974 andby virtue of s77/s78 Consumer Credit Act 1974 cannot enforce the agreement.

10. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim,a defendant shall be taken to require that any allegation relating to theamount of money claimed be proved unless he expressly admits the allegation.Therefore It is expected that the Claimant be required to prove the allegationthat the money is owed as claimed.

11. I request the court orders the Claimants to provide the necessarydocumentation in order for me to fully plead my case else the Claim shouldstand struck out.

12. In the event that the relevant documents are received from the Claimants Iwill then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

13. It is denied that the Claimant is entitled to the relief as claimed or atall.

Statement of Truth

The Defendant believes that the facts stated in this defence are true.

Signed............................................ ..........................

Dated............................................. ..........................

**FlamingParrot** · 19th October 2015, 22:28:PM

Re: Aplins re Hillesden Securities Ltd Court claim

Originally posted by Dizzy View Post

Hi

I received a letter from dlc acting on behalf of Hillesden Securities Ltd 14th October acknowledging my CCA request, they have filed a request with MBNA for the documentation which will be sent once received by them. In the interim my account has been placed on hold. I haven't asked them for an extension for filing my defence because no doubt they will not allow one - as per usual!!

Hi Dizzy

I'd have thought having a letter saying that your account is 'on hold' should be a good reason to ask Aplins for their agreement to a 28 day extension.

Originally posted by Dizzy View Post

Please can someone look at my defence which is due in tomorrow and let me know if any amendments are required?

1: I received the claim Cxxxxx7 from the Northampton County Court on 17th September 2015

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this defence.

3: This claim appears to be for a credit card agreement regulated under the Consumer Credit Act 1974.

4. The Claimant's statement of case states that the account was assigned from MBNA to Hillesden Securities LTD on 23rd December 2009. The Defendant does not recall receiving notice of this assignment.

5. It is denied that MBNA served any Default notice on the Defendant pursuant to s.87 of the Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

6: On 5th October 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Aplins Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

7. Aplins Solicitors have not sent any of these documents to me.

8. On 5th October 2015 I sent a formal request for a copy of the original agreement to Hillesden Securities Ltd pursuant to s.78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

9. The Claimant has failed to comply with s.78 of the Consumer Credit Act 1974 and by virtue of s.78 of the Consumer Credit Act 1974 cannot enforce the agreement.

10. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim,a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation.Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

11. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

12. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

13. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this defence are true.

Signed............................................ ..........................

Dated............................................. ..........................

Have just made a few tiny amendments and left in the section of the CCA applicable to a credit card. I take it this is not statute barred then. :noidea:

**Dizzy** · 20th October 2015, 05:11:AM

Re: Aplins re Hillesden Securities Ltd Court claim

Good morning FlamingParrot :yo:

Thank you for your kind assistance, I am guessing that this is not statute barred, based on the grounds that my last payment made was 17 September 2009 and according to my credit record the default date was 30 November 2009 and if as Nemesis45 quoted above "some debt purchase companies and their solicitors are claiming that the default date is the start of the relevant 6 year Limitation Act 6 year period" then I guess I fall just outside of it

I shall give Aplins a call this morning and see if they will grant a further 28 days and I will update you as soon as I hear from them.

**Dizzy** · 20th October 2015, 08:41:AM

Re: Aplins re Hillesden Securities Ltd Court claim

Well I spoke to craplins who gave me a tel. no to ring Hillesden Aka dlc and the legal dept waffled and basically said that it's up to me, they said they cannot advise me as they are acting for their clients (who are also in the same building!!) and I said I can appreciate that but I just wanted to ensure I wouldn't receive a CCJ for filing my defence after the official due date, he said they are unable to proceed until the information request is fulfilled.

So do I file my defence now or risk waiting until I receive the documentation? :noidea:

**nemesis45** · 20th October 2015, 08:50:AM

Re: Aplins re Hillesden Securities Ltd Court claim

Originally posted by Dizzy View Post

Well I spoke to craplins who gave me a tel. no to ring Hillesden Aka dlc and the legal dept waffled and basically said that it's up to me, they said they cannot advise me as they are acting for their clients (who are also in the same building!!) and I said I can appreciate that but I just wanted to ensure I wouldn't receive a CCJ for filing my defence after the official due date, he said they are unable to proceed until the information request is fulfilled.

So do I file my defence now or risk waiting until I receive the documentation? :noidea:

Good morning,

Yes I think you should file your defence now, stating that if documents request are produced
you will be able amend your defence.

nem

Aplins re Hillesden Securities Ltd Court claim