Hillesden Securities vs panchodean

[nemesis45]

Re: Hillesden Securities vs panchodean

Hi @Nemises45

Happy new year!!

I have had a reply to the CPR 31.14 from MC, usual template saying that I would have inspected the documents already and can I can confirm which documents I have in my possession. I sent a reply saying that I would be informing the court of their failure to comply with my request.
















They also say that they are agreeable to an extension of time under CPR 15.5. Does this extend the time a further 28 days after the acknowledgement of service? Would an email to the court be sufficient to inform them of the extension or would it have to be a letter?

Thanks in advance

Dean

- - - Updated - - -
@nemesis45

I should really proof read my posts more thoroughly.

Hello Dean Happy New Year.

Yes and Yes.

Just means they don't have the documents so please do our job for us.

nem

[panchodean]

Re: Hillesden Securities vs panchodean

Right I will fire an email off to the court now,

Just to clarify, the last day of my AOS is 13/01/16 and the extension would put this 28 days behind this date?

Cheers [MENTION=55034]nemesis45[/MENTION] I really appreciate all your help in this matter.

Dean

[nemesis45]

Re: Hillesden Securities vs panchodean

[QUOTE=panchodean;608104]Right I will fire an email off to the court now,

Just to clarify, the last day of my AOS is 13/01/16 and the extension would put this 28 days behind this date?

Cheers @nemesis45 I really appreciate all your help in this matter.
yep !! happy to help Dean!!

nem

[panchodean]

Re: Hillesden Securities vs panchodean

This is the email [MENTION=55034]nemesis45[/MENTION]. Any good?

Re: Hillesden Securities Ltd. t/a DLC
And: Dean


Sir/ Madam

With regards to the above claim number I hereby inform the Court that the claimant has agreed, in writing, to an extension of time of 28 days under CPR 15.5.


Please inform me, by return email, of the deadline to file my defence.


Regards,


Dean

[nemesis45]

Re: Hillesden Securities vs panchodean

This is the email @nemesis45. Any good?

Re: Hillesden Securities Ltd. t/a DLC
And: Dean


Sir/ Madam

With regards to the above claim number I hereby inform the Court that the claimant has agreed, in writing, to an extension of time of 28 days under CPR 15.5.


Please inform me, by return email, of the deadline to file my defence.


Regards,


Dean

That's all you need!!

nem

[panchodean]

Re: Hillesden Securities vs panchodean

Hi [MENTION=55034]nemesis45[/MENTION]

I have prepared my defence with mention to everything that has happened so far. A copy is below. Could you please give me your thoughts before I send it, I will really appreciate it.

Regards Dean

In the Northampton County Court (CCBC)

Claim No:
Between
Hillesden Securities Limited T/A DLC
And
Dean

Defence


1. The Defendant received the claim, B2CD3M9P, from the Northampton County Court on 15/12/2015.
2. The claim appears to be for a Hire Purchase agreement regulated under the Consumer Credit Act 1974.
3. The Claimants’ particulars of claim state that “The Agreement” was assigned to them. It does not state the date of assignment.
4. The Defendant does not recall receiving notice of this assignment.
5. On the 15/12/15 I sent a request for inspection of documents mentioned in the claimants’ particulars of claim under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors Ltd. I requested that the claimant provide a copy of “The Agreement.”
6. Mortimer Clarke has not sent any of the documents to me.
7. On the 18/12/15 I sent a formal request for a copy of the original agreement to Hillesden Securities Ltd T/A DLC pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.
8. The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.
9. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.
10. I believe the alleged debt to be Statute Barred.
11. On the 04/01/16 I reminded the Claimant that the debt is believed to be Statute Barred.
12. The Claimant states that the last payment on the debt was 10/11/2011.
13. I have no record of any such payment being made to Hillesden Securities, DLC or the original creditor, Black Horse. I would ask the claimant to prove that any such payment was made.
14. It is denied that the Claimant is entitled to relief as claimed or at all.
15. The defendant asks that the claim be dismissed.

Statement of Truth
The defendant believes that the facts stated in this defence are true.
Dean
10/02/2016

[nemesis45]

Re: Hillesden Securities vs panchodean

Hi @nemesis45

I have prepared my defence with mention to everything that has happened so far. A copy is below. Could you please give me your thoughts before I send it, I will really appreciate it.

Regards Dean

In the Northampton County Court (CCBC)

Claim No:
Between
Hillesden Securities Limited T/A DLC
And
Dean

Defence


1. The Defendant received the claim, B2CD3M9P, from the Northampton County Court on 15/12/2015.

2. The claim appears to be for a Hire Purchase agreement regulated under the Consumer Credit Act 1974.

3. The Claimants’ particulars of claim state that “The Agreement” was assigned to them. It does not state the date of assignment.

4. The Defendant does not recall receiving notice of this assignment.

5. On the 15/12/15 I sent a request for inspection of documents mentioned in the claimants’ particulars of claim under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors Ltd. I requested that the claimant provide a copy of “The Agreement.”

6. Mortimer Clarke has not sent any of the documents to me.

7. On the 18/12/15 I sent a formal request for a copy of the original agreement to Hillesden Securities Ltd T/A DLC pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.
8. The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

9. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

10. I believe the alleged debt to be Statute Barred under the provisions of section 5 of the Limitation Act 1980

11. On the 04/01/16 I reminded the Claimant that the debt is believed to be Statute Barred.

12. The Claimant states that the last payment on the debt was 10/11/2011.

13. I have no record of any such payment being made to Hillesden Securities, DLC or the original creditor, Black Horse. I would ask the claimant to prove that any such payment was made.

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

15. The defendant asks that the claim be dismissed.


Statement of Truth
The defendant believes that the facts stated in this defence are true.


Signed Defendant.

Dated: :


10/02/2016

OK Dean I've spaced this out for you and made amendment (s). There's nothing
quite as off putting as a large block of text put in front of a judge

nem

[panchodean]

Re: Hillesden Securities vs panchodean

Hi [MENTION=55034]nemesis45[/MENTION]

It just pasted that way onto the forum. I appreciate all your help in the matter. Do I have to send a copy of the defence to the Claimants solicitor?

Regards, Dean.

[nemesis45]

Re: Hillesden Securities vs panchodean

Hi @nemesis45

It just pasted that way onto the forum. I appreciate all your help in the matter. Do I have to send a copy of the defence to the Claimants solicitor?

Regards, Dean.

No only to the court which will send it to the claimants solicitors.

nem