Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

[nemesis45]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Thanks Nem, will do!

Keep us up to date please.

If you need me just tag [MENTION=55034]nemesis45[/MENTION]

nem

[MinkyMoo]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Hi [MENTION=55034]nemesis45[/MENTION] . Just realised my defence submission date is Feb 14th, so need to get it off asap. I found that I got a reply from Dlc dated 25th December saying they have requested the required docs from the original lender, but nothing since- only a notice of sums in arrears and an annual statement of account.

From Mortimer Clarke, they responded to my follow up letter on 25th January saying "for the avoidance of doubt this firm does not hold the documentation requested" and "We have placed this matter on hold while we await further instructions from our client. While on hold we will not progress the matter any further." (I know to take this with a pinch of salt).

I guess I now just follow the template for defence without documentation? Should I also state that I believe this debt to be statute barred?

Many thanks!

[MIKE770]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

do not sit around you do not have time get the defence in, they hope you forget and get CCJ bt default = always stick to court time table ignore the rogue solicitors??

[Nibbler]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Hi @nemesis45 . Just realised my defence submission date is Feb 14th, so need to get it off asap.

Hopefully nem will be about later, but will tag [MENTION=6]Amethyst[/MENTION] as well just in case

[nemesis45]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Good morning MinkyMoo

Start by looking through the defences on the forum make a draft and post here, so we can go
through it with you.

Non compliance with the CCA request render the debt unenforceable until the agreement is found so
that's a key part of your defence.

You can submit online today or tomorrow.

nem

[MinkyMoo]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Hi [MENTION=55034]nemesis45[/MENTION] can you please take a look at this? Is it OK? The part I'm not sure about are paragraphs 11 & 12, what sections of the CCA should I be quoting here?

Claim Number xxxxxxxxxx

Claimant: HILLESDEN SECURITIES LIMITED T/A DLC

Defendantxxxxxxxxxxxx



1: I received the claim xxxxxxx from the Northampton County Court Bulk Centre on 17th December 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 Loan agreement regulated under the Consumer Credit Act 1974.

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

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

7. The Claimants statement of case states that the account was assigned from Black Horse to Hillesden Securities t/a dlc., however they do not provide a date for this assignment. The Defendant does not recall receiving notice of this assignment.

8. 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.

9: On the 19th December 2015, I sent a request for inspection of documents mentioned in the Claimant’s statement of case under Civil Procedure Rule 31.14 to the Claimant’s Solicitor Mortimer Clarke. I requested the Claimant provide copies of the Agreement and Notice of Assignment.

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

11. On the 19th December 2015, I sent a formal request for a copy of the original agreement to Hillesden Securities t/a dlc pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

12. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

13. 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.

14. 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.

15. 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.

16. 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.

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

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

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


Statement of Truth

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

[Amethyst]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Amend para 3 slightly;

3: This claim appears to be for an agreement regulated under the Consumer Credit Act 1974.


Then add new para's;

4. The Claimant states that the original creditor, BlackHorse Ltd, 'agreed to sell the Defendant goods for a price payable by installments'. This is denied.

5. The Defendant has never purchased goods off of BlackHorse Ltd. Blackhorse Ltd appear to be a finance company. The Claimant is required to state what goods were purchased and the purchase price, as well as a copy of the agreement detailing the installments allegedly agreed.

Then carry on from para 4....


Para 11 - change the [77 or 78] to 77 to 79

11. On the 19th December 2015, I sent a formal request for a copy of the original agreement to Hillesden Securities t/a dlc pursuant to sections 77 to 79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

and para 12 change to;

12. The Claimant has failed to comply this request and therefore cannot enforce the agreement.

[MinkyMoo]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Hi [MENTION=6]Amethyst[/MENTION] , thanks for your help!

"5. The Defendant has never purchased goods off of BlackHorse Ltd. Blackhorse Ltd appear to be a finance company. The Claimant is required to state what goods were purchased and the purchase price, as well as a copy of the agreement detailing the installments allegedly agreed."

I do know what this agreement is, and it was with Black Horse. Do I need this paragraph? Or just delete the first sentence?

Thankyou!

[nemesis45]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Hello MinkyMoo
Apologies for nor being around to answer I was called away
unexpectedly this morning.
nem

[MinkyMoo]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Not a problem [MENTION=55034]nemesis45[/MENTION] , I'm just glad you're all here at all! Any chance you take a look at my query in post 23 please? I'd like to get this all sent off first thing tomorrow morning if possible.

Thankyou!

[charitynjw]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Hi @Amethyst , thanks for your help!

"5. The Defendant has never purchased goods off of BlackHorse Ltd. Blackhorse Ltd appear to be a finance company. The Claimant is required to state what goods were purchased and the purchase price, as well as a copy of the agreement detailing the installments allegedly agreed."

I do know what this agreement is, and it was with Black Horse. Do I need this paragraph? Or just delete the first sentence?

Thankyou!

Unless you actually did buy goods from BH (ie tea, shoes, spare parts for a 1957 Morris Minor 1000, etc.), I would go with what Amethyst suggested.

[nemesis45]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Not a problem @nemesis45 , I'm just glad you're all here at all! Any chance you take a look at my query in post 23 please? I'd like to get this all sent off first thing tomorrow morning if possible.

Thankyou!

Good morning MM.

Ame is spot on!!

Good to go imo.

nem

[MinkyMoo]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Thankyou everyone! All sent off, now to sit and wait!

[MinkyMoo]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Hello again! So after submitting my defence I received a letter from Mortimer Clarke saying they would pass it on to Hillesden and if no response after a certain time it would be stayed (? I think- I'm now living away from home and don't have the letter to hand). Now I've received a letter from Dlc saying that my account was bought from Hillesden by ME III Limited on 1st March. (Both part of Cabot Credit Management Group). Any idea what on earth they're playing at?! Does this affect the claim?

I'm so confused!
Thanks!
MM

[nemesis45]

Re: Court Claim - Hillesden Securities / Black Horse Ltd - 14-12-2015

Hello again! So after submitting my defence I received a letter from Mortimer Clarke saying they would pass it on to Hillesden and if no response after a certain time it would be stayed (? I think- I'm now living away from home and don't have the letter to hand). Now I've received a letter from Dlc saying that my account was bought from Hillesden by ME III Limited on 1st March. (Both part of Cabot Credit Management Group). Any idea what on earth they're playing at?! Does this affect the claim?

I'm so confused!
Thanks!
MM

It's reorganisation of the Cabot group an won't as far as can be ascertained affect claims.
You will need to regularly check with the court on the status of the claim.

nem