Old HP debt please help

[Alan p]

Hello I have received a county court claim for and I'm desperate for any help you can offer me

i have aver been on line and acknowledged the claim to defend it ,written the letter to go to the claimant but I'm struggling with the one to there solicitor what paper work should I request I'm wanting to get these both out today in today's post if possible thanks for you help in advance alan

[Alan p]

Re: Old HP debt please help

Sorry just realised some info may help more

the claimant is hillesden securities limited
using Mortimer Clarke solicitors ltd

particulars of claim
by agreement between Blackhorse ltd on around 24/05/2006 Blackhorse agreed to loan monies the defendant did not pay as fell due and the agreement was terminated .the agreement was signed to the claimant on 19/10/2015 the claimant therefore claims 1. 4094.66 2 interest pursuant to section 69 of the county courts act 1984, namely 1701.66 and continuing until judgment or sooner payment at the rate of 0.90

i have acknowledged the claim to defend in full and written the letter to the claimant requesting CCA just not sure what to request with the CPR request

[Amethyst]

Re: Old HP debt please help

For the CPR request you can ask for documents mentioned in their statement of case - the statement of case from Mortimers is a bit lacking in that department and only mentions the Agreement although doesn't specifiy it is a consumer credit agreement, they don't mention default only termination and not that they have sent you notice.

As it is small claims I think I would just leave the CPR request and just tell the solicitors you have requested the credit agreement from the creditor ( Hillesden ) maybe send them a copy of the letter you are sending to hillesden.

Once you've done that can you tell us a bit of background about the debt ? When it was taken out, what for ( unsecured personal loan? car finance ?) etc - when you last had contact with black horse or acknowledged or paid the debt ?

[Amethyst]

Re: Old HP debt please help

lol, HP agreement - teach me to read the title,.

[Alan p]

Re: Old HP debt please help

Thank you for the advice the debt was taken out in May 2005 for car finance I paid it till 2008 August was my last payment I think my hours at the firm I worked for had been dropped from 40 a week to less than 16 I was surpassed to make a reduced payment to them on the 24th of September 2008 but my partener was in hospital giving birth to our first child so I phoned them a day late two at the most and they told me they had already passed the debt on and someone would be in touch soon enough I had requested a hand back on the car before this happened but there staff member refused as the car had no mot at that time it was broken off the road as I could not afford the £2500 repair it needed I still have the car it has not turned a wheel since 2007 it's sat on my drive still broken proberbly fit for scrap now to be honest

[Alan p]

Re: Old HP debt please help

So I sent out the letter to the claimant last week next day recorded delivery and posted a copy of it to there solicitors I haven't heard anything back from either to press how long should I wait before contacting them again I have kept a copy of all corispondence I will make with them and proof of postage also with regards to the letter

[Alan p]

Re: Old HP debt please help

Ok so it has been well over the twelve days since I did the CPR request from the claimant hillesden solicitors and I sent it registered post so they couldn't say it was not reicived and I have still had no reply from them or there solicitor so what should be my next port of call so to speak as I'm not sure what to do next many thanks alan

[Alan p]

Re: Old HP debt please help

Hello again I have still had nothing from hillesden securities or Mortimer Clarke regarding the court claim they sent me so what should I do now I don't want to leave things hanging in the balance what should I do next thanks Alan all help appreciated

[Amethyst]

Re: Old HP debt please help

Sorry Alan xxx

I think you will be needing to call the claimant tomorrow and ask them to agree to an extension to the date for filing your defence ( as it will be about now) - because they haven't yet provided you with any documentation.

There is a little help on this here http://www.legalbeagles.info/forums/...filing-defence

If they refuse to agree to an extension then we should get a defence in - a basic ''they haven't sent me the docs'' defence like http://www.legalbeagles.info/forums/...t-Court-Claims

It sounds like you should also include the debt being statute barred as it hasn't been acknowledged or paid since October 2008 latest.

" The Defendant contends that any debt would be statute barred by virtue of paragraph 5 of the Limitations Act 1980 in that no acknowledgement or payment has been made for over 6 years "


They may argue back at that with Hart/BMW as it is an HP agreement - however you ended the agreement when you asked them to collect it ( needs more argument on that but will be for later, not in this defence)

[Alan p]

Re: Old HP debt please help

Thank you very much for the advice amethyst

i I have tried to contact hillesden today with no joy
that said I have filed my defence with regards to them not complying with the requesting of my credit agreement I have asked the court to order them to send me a signed copy of the original agreement and any related paper work or strike the claim out of court fingers crossed all gos well

[Amethyst]

Re: Old HP debt please help

Thank you very much for the advice amethyst

i I have tried to contact hillesden today with no joy
that said I have filed my defence with regards to them not complying with the requesting of my credit agreement I have asked the court to order them to send me a signed copy of the original agreement and any related paper work or strike the claim out of court fingers crossed all gos well

Excellent. Let us know when you hear anything back

[Alan p]

Re: Old HP debt please help

Ok so this letter turned up this morning

- - - Updated - - -

Any suggestions on what to do as I have already submitted my defence statement

[Alan p]

Re: Old HP debt please help

Ok so over the past two weeks I have had a couple more letters regarding this debt drop through my door
So here we go firstly I'm pleased to say they are dropping the interest witch is good but what should be my next corse of action with these
http://legalbeagles.info/forums/atta...1&d=1453469504
http://legalbeagles.info/forums/atta...1&d=1453469543
http://legalbeagles.info/forums/atta...1&d=1453469570
all advise is taken with great gratitude thank you