Skyman v BlackHorse

[nemesis45]

Re: Skyman v BlackHorse

Thank you Nem,

I was told by court advisor today on the phone that, my actual defence date is on the 16th.

So as you mentioned above,

This means if my defence date meant to be on the 16th, since I received a letter from DLC solicitors yesterday for 28 days extension, then I should be counting 28 days from the 17/01 Sunday, and my defence date will be on the 13/02, is that right?

Thank you so much sorry if I'm being silly.

No problem Skyman ask away!!
By the 12th at the latest as @ Amethyst said in #post 13 the 13th is Saturday.

[skyman]

Re: Skyman v BlackHorse

Thank you so much Nem and Amethyst.

Ok I will wait until 12th and hope I don't get anything from them, then I will file my defence.


Thank you for the support.

[nemesis45]

Re: Skyman v BlackHorse

Thank you so much Nem and Amethyst.

Ok I will wait until 12th and hope I don't get anything from them, then I will file my defence.


Thank you for the support.

Prepare every thing so your totally ready to file.

Good Luck!!

nem

[skyman]

Re: Skyman v BlackHorse

Hi NEM, hope are well.


Refer to the above, you advised me that my defence date is 12th Feb,
still I haven't heard anything from Mortimer Clarke Solicitors.


Can you please advise do I have to wait until the 12th Feb or can I log in to MCOL account and
submit my defence to MCOL?

I have drafted up my defence please can you advise if all is ok?

http://tinypic.com/r/258wgas/9
Thank you so much

- - - Updated - - -

http://tinypic.com/r/258wgas/9

[skyman]

Re: Skyman v BlackHorse

Hi

Can somebody give me a advice for the above pleas.

I need to send my defence this week need to make sure its fine.

Thank you so much.

[Amethyst]

Re: Skyman v BlackHorse

Skyman,, would you be able to paste the text from your defence on here pls. I can't get to view it on tinypic as there's just a barrage of random adverts blocking it.

Thank you xxx

[skyman]

Re: Skyman v BlackHorse

Hi Amethyst,

Please see below the draft of my defence. Thank you so much



1: I received the claim B3Q from the Northampton County Court on 14/12/2015

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Black Horse agreement regulated under the Consumer Credit Act 1974.re

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Black Horse to Hillesden Securities Limited. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Black Horse served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 18/12/2015 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors Ltd. I requested the Claimant provide copies of the Agreement.

9. Mortimer Clarke Solicitors Ltd has not sent any of these documents to me.

10. On the 17/12/2016 I sent a formal request for a copy of the original agreement to Hillesden Securities Limited pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. 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.

12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), 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.

13. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

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

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed ……m sa……………………………………

Dated........05/02/2016..........................................

[Amethyst]

Re: Skyman v BlackHorse

Absolutely perfect.... just check the random .re at the end of para 3 though ( I expect it's just from the copy/paste) but yes that's fine to go.

[skyman]

Re: Skyman v BlackHorse

Hi Amethyst,

Thank you for so much, by the way do I need to add anything on the top of the letter above para 1
like, dear/ Sir Madam or ect ?

Also my defence date is this Friday the 12th, can I log into MCOL and
submit my defence today?

Thank you so much.

[Amethyst]

Re: Skyman v BlackHorse

If you are submitting on Moneyclaim online then no you don't need anything else at the beginning or end as the system adds that in for you. Submitting today is fine

Otherwise you need to put the court name, the claim number, the claimant and defendant names at the top, then a statement of truth and signature at the bottom.

[skyman]

Re: Skyman v BlackHorse

Thank you So much Amethyst,

Ok I wont add anything on the top, I will submit it today, I will update here the outcome.

Thank you so much again for the support.

[skyman]

Re: Skyman v BlackHorse

Hi Amethyst,

Sorry to ask silly question, Im in moneyclaim website now I try to submit my defence, there is question asking,

Do you wish to make a counterclaim?
I think i should say no is that right?


Thank you

[skyman]

Re: Skyman v BlackHorse

Hi Amesthyst,

I received the attached letter from Court after I submitted my Defence Online, so I wanted to share it in here.

Thank you so much.

[nemesis45]

Re: Skyman v BlackHorse

Hi Amesthyst,

I received the attached letter from Court after I submitted my Defence Online, so I wanted to share it in here.

Thank you so much.

No attachment Skyman

nem

[skyman]

Re: Skyman v BlackHorse

Hi Nem,

Sorry I have attached the letter again.

Thank you

http://server.myspace-shack.com/d21/20160212123532.jpg