Hillesden Securities T/A DLC county court claim Black Horse

[nemesis45]

Re: Hillesden Securities T/A DLC county court claim Black Horse

Thanks nemesis45,

i thought it it looked a bit ridiculous asking me what docs I had. I guess the next line would be to send any to them so they had something to work with.

i will get on with this reply and a letter to the court for the 28 day extension.

regards

MC just hopes people will do as there told when confronted by a template letter from a " solicitor".

nem

[Farmboy]

Re: Hillesden Securities T/A DLC county court claim Black Horse

Morning nemesis45,

i have received a reply reply letter from dlc.

We write to confirm receipt of your £1 payment which relates to your data request under the the Consumer Credit Act 1974.
We have requested and await the required documentation from the original lender Black Horse Ltd. When this becomes available we will forward it onto you.

Please be aware of the following:

Whilst we may not enforce the agreement until the documentation is provided,the monies are outstanding and the underlying obligation to repay remains.

We would like to draw your attention to the ruling in the case of McGuffick V RBS judgement dated 6 October 2009 in relation to 'what is considered enforcement';the judgement stated that the bringing of proceedings is not enforcement. It follows that demanding payment is a step taken prior to the commencement of proceedings and therefore not considered as enforcement

in in view of the above judgement, your account will remain with our collections department and attempts to recover the balance owed will continue.

If applicable, we will continue to report the status of your account to the Credit Reference Agencies, as this is also not considered as enforcement.

If you need anything else at this point please contact us, otherwise we will contact you again in 21 days, or sooner if the documentation becomes available.

Yours Sincerely

Compliance Team
dlc

[panchodean]

Re: Hillesden Securities T/A DLC county court claim Black Horse

[MENTION=55034]nemesis45[/MENTION] see above

[nemesis45]

Re: Hillesden Securities T/A DLC county court claim Black Horse

Morning nemesis45,

i have received a reply reply letter from dlc.

We write to confirm receipt of your £1 payment which relates to your data request under the the Consumer Credit Act 1974.
We have requested and await the required documentation from the original lender Black Horse Ltd. When this becomes available we will forward it onto you.

Please be aware of the following:

Whilst we may not enforce the agreement until the documentation is provided,the monies are outstanding and the underlying obligation to repay remains.

We would like to draw your attention to the ruling in the case of McGuffick V RBS judgement dated 6 October 2009 in relation to 'what is considered enforcement';the judgement stated that the bringing of proceedings is not enforcement. It follows that demanding payment is a step taken prior to the commencement of proceedings and therefore not considered as enforcement

in in view of the above judgement, your account will remain with our collections department and attempts to recover the balance owed will continue.

If applicable, we will continue to report the status of your account to the Credit Reference Agencies, as this is also not considered as enforcement.

If you need anything else at this point please contact us, otherwise we will contact you again in 21 days, or sooner if the documentation becomes available.

Yours Sincerely

Compliance Team
dlc

Hello Dean,

That template letter is one rolled out years ago, straws and clutching comes to mind.

nem

[Farmboy]

Re: Hillesden Securities T/A DLC county court claim Black Horse

Hi nemesis45,

i have have not received any documents or information relating to this claim from either Dlc or MC. I am not certain as I have not got any account or reference numbers from them, but believe this may be from an old loan in 2007. I have a default notice from Black Horse dated 31st July 2008. This was for £2836.25. I have a letter dated 16th March 2009 from Mackenzie hall with the same reference number chasing the claim amount of £3323.27 on behalf of Black Horse. I have arrears notices from April 2008. I have not paid or spoken or written to Black Horse or anyone representing them since early 2008.
i have to file my defence before Mon 18th January.
Not sure what to do as they have given me nothing to work with.

regards
FB

[nemesis45]

Re: Hillesden Securities T/A DLC county court claim Black Horse

Hi nemesis45,

i have have not received any documents or information relating to this claim from either Dlc or MC. I am not certain as I have not got any account or reference numbers from them, but believe this may be from an old loan in 2007. I have a default notice from Black Horse dated 31st July 2008. This was for £2836.25. I have a letter dated 16th March 2009 from Mackenzie hall with the same reference number chasing the claim amount of £3323.27 on behalf of Black Horse. I have arrears notices from April 2008. I have not paid or spoken or written to Black Horse or anyone representing them since early 2008.
i have to file my defence before Mon 18th January.
Not sure what to do as they have given me nothing to work with.

regards
FB

.
Good morning FB,

A default notice is just that, notice of May happen if the arrears are not paid.
Have you checked your credit reference files? If not try Noddle it's Free Online.

My feeling is that the debt is statute barred and as this is an HP contract the
default date is important.

If you can confirm the date we can nip this in the bud now.

nem

[Farmboy]

Re: Hillesden Securities T/A DLC county court claim Black Horse

Thanks for the reply nemesis45,

i think this now is a personal loan but cannot find the agreement. I have checked my noddle report for several years and this does not show on my report. I have nothing to do with Black Horse on my report or anything older than 12 months. I have avoided credit for over 5 years. This loan has to be around Nov 2007 as they state in the court claim above.

FB

[Farmboy]

Re: Hillesden Securities T/A DLC county court claim Black Horse

Hi nemesis45,
could you please advise on the previous post as I need to start to look at my defence which must be in before Monday. Your help is very much appreciated.

regards
FB

[nemesis45]

Re: Hillesden Securities T/A DLC county court claim Black Horse

Hi nemesis45,
could you please advise on the previous post as I need to start to look at my defence which must be in before Monday. Your help is very much appreciated.

regards
FB

Good morning FB,

From the information you have provided I think the debt is statute barred already when the claim was issued.

Reason for thinking : Absence of data on Credit Files:
Meaning that the default was registered on files more than
6 years ago.

You have not made any payments on,or unequivocal written acknowledgment
of the debt in six years.

Statute Barred is an absolute defence.

My idea ( While still preparing a defence) is to put the status of the debt forward to Mortimer Clarke,
in a manner that does not preclude entering a defence on the same grounds. e.g.


To Mortimer Clarke,

Date.

Ref: County Court Claim No.........................................

Hillesden Securities T/A DLC - v - Farmboy.

Upon receiving the above claim mentioned claim I have reviewed my
credit history very carefully and find no record of the alleged debt.

Further research leads me to conclude that the alleged debt is statute barred
under the provisions of the Limitation Act 1980.

Please note I do not acknowledge any debt to Hillesden Securities T/A DLC and
no payment or offer of payment will be made now or in the future.

You are reminded that the onus of proof that the alleged debt is not statute barred
fall entirely upon your client.

Should your client decide to take this claim forward to trial it will be robustly defended.

I suggest that Mortimer Clarke now advises it's client to withdraw the claim in the interest
of saving costs and court time.

yours etc.

FB if you decide to use this do so asap and send by signed for post, check delivery.

nem

[Farmboy]

Re: Hillesden Securities T/A DLC county court claim Black Horse

Ok thank you nem.
i will send this today and then guess wait for a response by Friday as the defence has to be in by Monday. I guess that if they do not respond I will need to file a defence on the grounds that I have no information and think it is statute barred as it does not show on my report as you say.

regards

FB

[nemesis45]

Re: Hillesden Securities T/A DLC county court claim Black Horse

Ok thank you nem.
i will send this today and then guess wait for a response by Friday as the defence has to be in by Monday. I guess that if they do not respond I will need to file a defence on the grounds that I have no information and think it is statute barred as it does not show on my report as you say.

regards

FB

Exactly FB!!

nem

[Farmboy]

Re: Hillesden Securities T/A DLC county court claim Black Horse

Hi nemesis45,

i sent the above letter to MC and have today received this.

Dear Sir

We have requested further information from our client and will come back to you as soon as we have received an update. In the meantime, the matter has been placed on hold.

Yours faithfully

MCS

What do they mean by that. My defence has to be in by Monday. Should I still fill in my defence by MCOL over the weekend ?.
I guess they may have put it on hold but the court does not.

Regards

FB

[panchodean]

Re: Hillesden Securities T/A DLC county court claim Black Horse

[MENTION=55034]nemesis45[/MENTION]

[nemesis45]

Re: Hillesden Securities T/A DLC county court claim Black Horse

Hi nemesis45,

i sent the above letter to MC and have today received this.

Dear Sir

We have requested further information from our client and will come back to you as soon as we have received an update. In the meantime, the matter has been placed on hold.

Yours faithfully

MCS

What do they mean by that. My defence has to be in by Monday. Should I still fill in my defence by MCOL over the weekend ?.
I guess they may have put it on hold but the court does not.

Regards

FB

There's no extension so yes get the defence prepared Dean

nem

[Noxyd]

Re: Hillesden Securities T/A DLC county court claim Black Horse

There's no extension so yes get the defence prepared Dean

nem

Hi [MENTION=55034]nemesis45[/MENTION]

I am following these Hillesden cases closely as i have my own. Farmboy mentions putting his defence in by Monday, and you also agreed since there is no extension, in his earlier post there is mention of 28 days extension granted by MC and farmboy informed the court. His Claim was dated 14 December, so 33 days + 28 days = 13 February 2016. Does this not mean he has to submit his defence by 13 Feb as opposed to Monday?