Hillesden Securities T/A DLC county court claim Black Horse

[Farmboy]

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

Hi Noxyd,

i was was confused with this too. I contacted the court to clarify. By returning the acknowledgment of service that gives you 28 days. This is the only extension of time. The one granted by MC is irrelevant. The court has also confirmed this date in writing. If I had been late sending in or had not returned the acknowledgment of service then the MC extension would be relevant. That's how I see it.
It also seems you must be careful with what the claimants solicitor writes as you may think that they have put it on "hold", but that is not the case with the court. We must always stick to the dates given.
hope that helps.
Regards
FB

[Amethyst]

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

Hi nemesis45,
received this today,letter dated 29/12/15

Thank you for your letter dated 16 Dec 2015

We confirm our client is willing to agree to the extension of 28 days,for you to file your defence. Pursuant to CPR 15.5 (2) please notify the court in writing of the agreement.

CPR 31.14 relates to the right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.

We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.

We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our clients instructions.

yours faithfully

Mortimer Clarke Solicitors

Your advice would be much appreciated
Regards

Found it.

Okay yes you do have the extension. You informed the court in writing ( ??? ) - This is an extension of 28 days added to the date your defence was due so yes around 10th Feb. ) 14th = issue date + 33 + 28 = 13th Feb so 10th is safe)

You can of course put your defence in when ever you like, but you know you are protected (well so far as HMCTS getting things right ) until 10th Feb.

As there is an agreed extension it is best to wait until beginning Feb before putting in your defence else if you end up having to amend your POC because they do get documents to you in between now and the 10th its less likely you'd get the cost of that back.

Well spotted noxyd.

[Amethyst]

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

Hi Noxyd,

i was was confused with this too. I contacted the court to clarify. By returning the acknowledgment of service that gives you 28 days. This is the only extension of time. The one granted by MC is irrelevant. The court has also confirmed this date in writing. If I had been late sending in or had not returned the acknowledgment of service then the MC extension would be relevant. That's how I see it.
It also seems you must be careful with what the claimants solicitor writes as you may think that they have put it on "hold", but that is not the case with the court. We must always stick to the dates given.
hope that helps.
Regards
FB

Completely agree with this if you'd only had the ''we'll keep it on hold'' letter - however you had asked for a cpr 15 extension and they have agreed - btw the court has nothing to do with the agreed cpr 15 extension, they just keep a note on file in case of any shenanigans - plus the court staff on the phones are a bit pants.

This is the CPR anyway

Agreement extending the period for filing a defence
15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

[Farmboy]

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

Thank you Amethyst

it it is the court that has confused me with this. They sent a letter after I sent a copy to them of MC's agreement to a 28 day extension. This letter contained what we had sent to them plus

Thank you for your recent letter. Please note as you have filed an acknowledgement of service, you have until the 16th January to file a defence.

Yours sincerely

******
CCBC section


I also checked on MCOL and they have not added this extension either.

it doesn't help you when you are trying to do everything correctly. This extension would help as I have written to MC stating I consider this statute barred and await their response.

FB

[Farmboy]

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

Hi,
i have not heard any more from MC since they told me they had put this on "hold". I do now however need to get in my defence. I have not received any paperwork whatsoever to do with this claim. As nothing shows on my credit file I consider this case statute barred. I would like to submit a defence stating this but are not certain how to word this. I don't want to miss something out. Any help would be much appreciated.

Regards
FB

[nemesis45]

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

Hi,
i have not heard any more from MC since they told me they had put this on "hold". I do now however need to get in my defence. I have not received any paperwork whatsoever to do with this claim. As nothing shows on my credit file I consider this case statute barred. I would like to submit a defence stating this but are not certain how to word this. I don't want to miss something out. Any help would be much appreciated.

Regards
FB

Hello FB,

No response to CCA request?
Please be aware that Hillesden t/a DLC and MC are stating that the date these BH accounts were terminated
is the start of the relevant six year period, so it might be worth giving BH a ring to see if they can give you
the date of termination date. Meanwhile have a look at some defence on the forum so you get a good idea
of the content and format, then make a draft defence and post it here then we can go through it with you.


nem

nem

[Farmboy]

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

Thanks Nemesis45,

i have no information or agreement numbers with which to be certain to contact BH. I am a bit reluctant to start anything up with them after all this time. I do have a default notice from 31/07/08 that I consider to be relevant to this claim. Does this mean I am covered on an actual timeline and not a made up termination date that MC may use.

Regards
FB

[Farmboy]

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

Hi,
ok I am thinking of my defence being based on the loan being statute barred. This is my defence not taking into consideration the above default notice and having not been given any paperwork or agreement number.


Claim Number xxxxxxxxxx

Claiment: HILLESDEN SECURITIES LIMITED T/A DLC

Defendantxxxxxxxxxxxx

1. The Defendant has not acknowledged the debt in writing in the last six (6) years.

2. The Defendant has not paid any part of this debt in the last six (6) years.

3. The Defendant has reminded the claimant on the 13/01/2016 that the debt is believed to be statute barred in accordance with THE LIMITATION ACT 1980 (SECTION 5) .

4. The Defendant has requested on 16/12/2015 for copies of documents (agreement,termination,assignment) mentioned in the particulars of claim in accordance with CPR 31.14. The Claimant has failed to comply with this request.

5. ACCORDINGLY THE Defendant seeks the Claimants claim to be dismissed by the court as the debt is statute-barred under the Limitations Act 1980, section 5


Not sure if I have missed anything that would mean they can come back at me after finding payment. Maybe being over worried.

[nemesis45]

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

Hi,
ok I am thinking of my defence being based on the loan being statute barred. This is my defence not taking into consideration the above default notice and having not been given any paperwork or agreement number.


Claim Number xxxxxxxxxx

Claiment: HILLESDEN SECURITIES LIMITED T/A DLC

Defendantxxxxxxxxxxxx

I received the claim No,........... issued by the Northampton County Court Business Centre on ............................:

1. The Defendant has not acknowledged the debt in writing in the last six (6) years.

2. The Defendant has not paid any part of this debt in the last six (6) years.

3. The Defendant has reminded the claimant on the 13/01/2016 that the debt is believed to be statute barred in accordance with THE LIMITATION ACT 1980 (SECTION 5) .

4. The Defendant has requested on 16/12/2015 for copies of documents (agreement,termination,assignment) mentioned in the particulars of claim in accordance with CPR 31.14. The Claimant has failed to comply with this request**** What about the CCA Request ?***** No agreement they can't enforce the debt******

5. **** THE Defendant avers that the alleged debt is statute-barred under the Limitations Act 1980, section 5.

5. (a) The defendant asks that the claim be dismissed .













Not sure if I have missed anything that would mean they can come back at me after finding payment. Maybe being over worried.

Just rewrite with the suggested amendments.

nem

Just going back to post #37 for a minute the date on a DN is not the date a default was registered this could be up to 6 months later and
some times more.

see amendments

[Farmboy]

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

Thank You Nemesis45,

i have eave added your amendments



Claim Number xxxxxxxxxx

Claiment: HILLESDEN SECURITIES LIMITED T/A DLC

Defendantxxxxxxxxxxxx

I received the claim No,........... issued by the Northampton County Court Business Centre on ............................:

1. The Defendant has not acknowledged the debt in writing in the last six (6) years.

2. The Defendant has not paid any part of this debt in the last six (6) years.

3. The Defendant has reminded the claimant on the 13/01/2016 that the debt is believed to be statute barred in accordance with THE LIMITATION ACT 1980 (SECTION 5) .

4. The Defendant has requested on 16/12/2015 for copies of documents (agreement,termination,assignment) mentioned in the particulars of claim in accordance with CPR 31.14. The Claimant has failed to comply with this request. The claimant on the16/12/2015 requested a copy of the Consumer Credit Agreement as entitled under sections 77-79 of The Consumer Credit Agreement. The Claimant has failed to reply to this request.
Without an agreement the debt cannot be enforced.

5. The Defendant avers that the alleged debt is statute-barred under the Limitations Act 1980, section 5.

5 (a). The Defendant asks that the claim be dismissed.



Hopefully I have got this right now so I can submit my defence.

Regards

FB

[nemesis45]

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

Thank You Nemesis45,

i have eave added your amendments



Claim Number xxxxxxxxxx

Claiment: HILLESDEN SECURITIES LIMITED T/A DLC

Defendantxxxxxxxxxxxx

I received the claim No,........... issued by the Northampton County Court Business Centre on ............................:

1. The Defendant has not acknowledged the debt in writing in the last six (6) years.

2. The Defendant has not paid any part of this debt in the last six (6) years.

3. The Defendant has reminded the claimant on the 13/01/2016 that the debt is believed to be statute barred in accordance with THE LIMITATION ACT 1980 (SECTION 5) .

4. The Defendant has requested on 16/12/2015 for copies of documents (agreement,termination,assignment) mentioned in the particulars of claim in accordance with CPR 31.14. The Claimant has failed to comply with this request. The claimant on the16/12/2015 requested a copy of the Consumer Credit Agreement as entitled under sections 77-79 of The Consumer Credit Agreement. The Claimant has failed to reply to this request.
Without an agreement the debt cannot be enforced.

5. The Defendant avers that the alleged debt is statute-barred under the Limitations Act 1980, section 5.

5 (a). The Defendant asks that the claim be dismissed.



Hopefully I have got this right now so I can submit my defence.

Regards

FB

Hello FB

That's fine.

It has to be in normal text not bold or highlighted and that's all you need to do now.

nem

[Farmboy]

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

Thanks nemesis45,

I will get it submitted now and see what happens.

Regards
FB

[Farmboy]

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

I submitted my defence on 10th Feb. I have received a letter from MC saying thank you for submitting my defence and the case remains on hold at the moment.
I have done my bit. They have failed to supply anything. Is there a way to get the court to shut this down now as I do not wish to have this hanging around over my head.

Regards
FB

[Farmboy]

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

Hi nemesis 45,

could you you advise on my previous post please.

regards
FB

[Farmboy]

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

Hi,
could anyone comment on my previous post please.

regards
FB