Aplins re Hillesden Securities Ltd Court claim

[Dizzy]

Re: Aplins re Hillesden Securities Ltd Court claim

Thank you Nemesis45

Does para 12 in my defence above cover this?

[Dizzy]

Re: Aplins re Hillesden Securities Ltd Court claim

Thank you Nemesis45

Does para 12 in my defence above cover this?

Sorry Nemesis45 or anyone else if they can help please re last thread?

[FlamingParrot]

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

Good morning

If that was a contractual/minimum payment, then the clock would start running a month later, as MBNA would have had no cause to take action when you'd just made a payment, not knowing you wouldn't be making any further payments. If that had been a token/reduced/DMP payment then the clock would start to run from date of last payment as they cause of action would have already been established.

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

They may be CLAIMING that but it's absolutely not the case, there's nothing in the Limitation Act that refers to credit reporting. There was a recent case where the judge decided that the clock should run from the date on the DEFAULT NOTICE (which has nothing to do with default date on credit files), however, that case is currently being appealed and I know the solicitor who is dealing with it and they are saying it does look like the judge made the wrong decision there. :grin:

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.

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.

I don't know what you said in your conversation but it wouldn't have been asking for advice from them. :confused2: The idea is just to say that they've not complied with your request for documents under CPR15.5 therefore you'd like them to agree to a 28 day extension to file your defence as allowed by CPR 15.5.

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

If you got their agreement to an extension, then it is your responsibility to inform the court in writing. Otherwise, you still need to file your defence before the 33 days from date on claim are up, regardless of whether you've received the documents or not. You'd just file the generic defence above that says you've not been supplied with the paperwork. :typing:

Does para 12 in my defence above cover this?

Yes, that paragraph refers to being able to amend your defence should they provide you with the documents at a later stage. :thumb:

[Dizzy]

Re: Aplins re Hillesden Securities Ltd Court claim

Thank you very much FP, that's much appreciated, the problem I have had with another debt management company is that when I have requested the default notice they have given me a template of their standard and not the original default notice issued, I'm not sure if they are allowed to do this? Surely they should have obtained the original default notice from the original creditor - in this case it will be MBNA? Or can they provide a reconstituted version just like they can with a CCA?

Great thanks I'll get the defence filed today :tinysmile_twink_t2:

[nemesis45]

Re: Aplins re Hillesden Securities Ltd Court claim

Thank you Nemesis45

Does para 12 in my defence above cover this?

Yes that's fine.
You could try an e-mail to Aplins requesting the 28 days extension, then they will
have to refer it to their " client".

nem

[FlamingParrot]

Re: Aplins re Hillesden Securities Ltd Court claim

Thank you very much FP, that's much appreciated, the problem I have had with another debt management company is that when I have requested the default notice they have given me a template of their standard and not the original default notice issued, I'm not sure if they are allowed to do this? Surely they should have obtained the original default notice from the original creditor - in this case it will be MBNA? Or can they provide a reconstituted version just like they can with a CCA?

Great thanks I'll get the defence filed today :tinysmile_twink_t2:

With regards to default notices, they are issued initially by the bank or credit card/finance company you had the credit with, not by the debt purchaser. Most banks don't retain copies of the actual default notices because they are just mail-merged from a template and a number of records selected from their database to be printed off and sent off without each one being saved as an individual file. That means they would only have a database record indicating that a default notice was sent but not a copy of the actual document. They may also have the template they used for the mail merge but it won't be any use to you because it wouldn't have the specific dates or amounts quoted on the actual notice that was sent to you.

Banks DO issue default notices and they'd have the records (as noted above) to show that they were sent, so it would be hard to argue they didn't send one in a particular instance, even if you don't recall receiving it. Most people are not aware of the significance of such documents and just bin them/file them away without further ado. :ohwell: A lot of DNs are defective but the only people who are able to take advantage of this fact are those who have retained their own copies, for the reasons mentioned above. :mmph:

[Dizzy]

Re: Aplins re Hillesden Securities Ltd Court claim

Just an update re the above, I had a letter from DLC about a month ago stating that they were waiting for the documents requested, It is more than 28 days since I filed my defence, I have still not received anything, would it be worth giving the court a call to see if they have heard from them?

[Dizzy]

Re: Aplins re Hillesden Securities Ltd Court claim

Another update.................

I phone Northampton Court yesterday, they have heard nothing from Hillesden, so the case is stayed......... at the moment! :rolleyes2:

[nemesis45]

Re: Aplins re Hillesden Securities Ltd Court claim

Another update.................

I phone Northampton Court yesterday, they have heard nothing from Hillesden, so the case is stayed......... at the moment! :rolleyes2:

OK, check again middle of next week, just in case Aplins come up with the info.

nem