County Court Claim Form Received !!!

[howie94]

Hi All

Today ive recieived a County Court Claim from Hillesden Securities Limited T/A DLC

On behalf of Mortimer Clarke Solicitors Ltd - Issue dated 14 Dec 2015

By an agreement between Black Horse Limited & the Defendant on or around 30/01/2006 ("the Agreement") BLACK HORSE LTD agreed to loan the defendant monies. The Defendant did not pay the instalments as they fell due & the Agreement was terminated. The agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS £295

Amount claimed. £295
Court fee. £25
Legal Costs. £50
Total amount. £370

Black Horse Finance are claiming that i owe them £295, I have no idea what this debt is for as back in 2006 when i voluntary terminated the finance agreement after paying over half to a third of the balance and give the car back voluntarily.

As mentioned i have no idea what this debt is for as voluntary termination took place, and i have checked all 3x CRAs and there is no record of Black Horse Finance on any of them, id also like to state that the car was handed back 8 years plus so surely statute barred comes into play if im correct on whats mentioned above..

Im really concerned about this landing on my door-step today out of the blue with no previous warnings over the 8 years,
the only 1 letter received was from a Mortimer & clarke letter and that was over 2 weeks ago.

Any help will be highly appreciated on what to do next, and also what to do with County Court Claim Form i received today..

Many Thanks in advance

[Nibbler]

Re: County Court Claim Form Received !!!

Welcome.

Another BlackHorse claim. There have been a lot.

@nemesis45 and maybe [MENTION=6]Amethyst[/MENTION], plus others will hopefully be around later to help.

[Amethyst]

Re: County Court Claim Form Received !!!

Hillesden seem to be hoovering up lots of out of date Blackhorse claims before Christmas. Nice of them.

If you have had nothing from the clamaint, other DCA's or Blackhorse since VT'ing in 2006 then the claim would be deemed out of time - statute barred under the limitation act 1980.

That is an absolute defence to the claim.

However you should follow the first steps acknowledge the claim and to obtain copies of documentation ( if such exists ) - http://www.legalbeagles.info/forums/...it-Court-Claim

If you acknowledge the claim today ( intend to defend in full ) then you will have 28 days from the date you received the claim to submit your defence ( which means you can then put it to one side over Christmas )

[nemesis45]

Re: County Court Claim Form Received !!!

Welcome.

Another BlackHorse claim. There have been a lot.

@nemesis45 and maybe @Amethyst, plus others will hopefully be around later to help.

Yes it seem BH has dumped a portfolio of HP/loans and Cabot/Hiilesden / Marlin Europe DLC
have got their snouts in this trough, many of these accounts are very old /extinct even.

Care needed in dealing with them, detail must be checked.

nem~~

[howie94]

Re: County Court Claim Form Received !!!

Hi

Ive completed the Moneyclaim.go.uk online and received Goverment Gateway number and an MCOL customer number too DEFEND this claim,

Can anyone give me a guide on what to do next please, any templates/letters to send to the Claimant or if i need to start my defence on the MCOL.

Kind Regards

[nemesis45]

Re: County Court Claim Form Received !!!

Hi

Ive completed the Moneyclaim.go.uk online and received Goverment Gateway number and an MCOL customer number too DEFEND this claim,

Can anyone give me a guide on what to do next please, any templates/letters to send to the Claimant or if i need to start my defence on the MCOL.

Kind Regards

Good afternoon,
The alleged debt has been sold to Hillesden Securities Ltd., which is part of the Cabot Financial empire.

You now need to send a CCA Request to Hillesden for a copy of the agreement relevant to the claim.
(template in the forum library for this) There is a £1 statutory fee to pay, use a postal order endorsed
"for statutory fee only" Hillesden has 12 + 2 Working Days to comply.

Next a request under the provisions of Civil Procedure 31 .14 this is for the documents specified in the
particulars of claim in this case: A copy of the agreement, Notice of assignment, Termination Notice.

There is no fee for this. Send to the solicitors by signed for post. (template in the forum library.)

This debt is possibly statute barred, ( unenforceable in court) which is a complete defence to the claim.

If you can give me some history (dates) e.g. Date last payment/acknowledgment/default/ termination date.
It is possible that this can be resolved before it gets anywhere close to a hearing.

nem~

[Amethyst]

Re: County Court Claim Form Received !!!

Something like this to the solicitors dealing with the claim


Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim Number: XXXXXX



On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

It is my contention that the claim is for a debt which is time barred by virtue of section 5 of the Limitations Act 1980 in that no payment nor acknowledgement has been made for over 6 years. The last communication I have had with any party regarding any debt with Blackhorse was in May 2006.

Request for documents mentioned in a statement of case under CPR 31.14

However, in order to enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.

1) Agreement between Black Horse Limited & the Defendant on or around 30/01/2006 ("the Agreement")
2) The Agreement was terminated. Please confirm the date of termination.
3) The agreement was assigned to the Claimant. Please supply a copy of the notice of this assignment.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information I have also sent a formal request for a copy of the original credit agreement to your client, MFS, as creditor, pursuant to s.77/78 of the Consumer Credit Act 1974.

I look forward to hearing from you.

Yours sincerely




Your Name

[Amethyst]

Re: County Court Claim Form Received !!!

oops I crossed posts with Nem, apologies xxxxxxx Do his bits first

[howie94]

Re: County Court Claim Form Received !!!

Hi there

Thanks very much for your support, can i ask do i leave the forllowing 3x below in as im unsure of the voluntary termination date ??

1) Agreement between Black Horse Limited & the Defendant on or around 30/01/2006 ("the Agreement")
2) The Agreement was terminated. Please confirm the date of termination.
3) The agreement was assigned to the Claimant. Please supply a copy of the notice of this assignment.

Kind Regards

[skyman]

Re: County Court Claim Form Received !!!

Hi Nam, sorry if asking questions here.


Please see below Link since I didn't get any response from you I thought maybe I can ask you the below questions here please.

http://www.legalbeagles.info/forums/...091#post602091


I used the Money Claim Online (MCOL) and I intend to defend
the claim in full.

I have posted yesterday the 18th the CCA Request to Hillesden for a copy of the agreement .

When do I have to send the a CPR request? do I have to wait to get response from Hillesden for a copy of the agreement first?

If they didn't send me the copy of the agreement before the 28 days what do I need to do next?? or once they send me the copy of the agreement what do I need to do next?

Thank you so much for your help sorry If I asked so many questions.

[Amethyst]

Re: County Court Claim Form Received !!!

Hi there

Thanks very much for your support, can i ask do i leave the forllowing 3x below in as im unsure of the voluntary termination date ??

1) Agreement between Black Horse Limited & the Defendant on or around 30/01/2006 ("the Agreement")
2) The Agreement was terminated. Please confirm the date of termination.
3) The agreement was assigned to the Claimant. Please supply a copy of the notice of this assignment.

Kind Regards

I reckon so. Really the only thing would be the agreement but doesn't kill anyone to ask for the other bits

[Amethyst]

Re: County Court Claim Form Received !!!

I have posted yesterday the 18th the CCA Request to Hillesden for a copy of the agreement . Good

When do I have to send the a CPR request? do I have to wait to get response from Hillesden for a copy of the agreement first? Nope you can send that now

If they didn't send me the copy of the agreement before the 28 days what do I need to do next?? or once they send me the copy of the agreement what do I need to do next? If you get it post it up here ( redacted ) if not you'll defend on that basis - we'll help you xx You MUST put a defence in before day 28, so if they reply and say they are getting it but might take some time, well, they have set the timescale by bringing the claim so you need to put your defence in, which will likely be statute barred and potentially default of CCA request.

[skyman]

Re: County Court Claim Form Received !!!

Hi Amethyst

,

Thank you for helping me with the answers.

do they count 28 days only working days or weekends and bank holidays are included,


for example I wrote on my CPR letter that my defence date is on 22/01/2016,,,,,so I thought I ask before I post it.

Thank you so much.

[howie94]

Re: County Court Claim Form Received !!!

I reckon so. Really the only thing would be the agreement but doesn't kill anyone to ask for the other bits

Hi All

Im off to the post office now to send the both letters Recorded Delivery-

1. CCA to the Claimant Hilesden Secuirtities Ltd with £1 postal order attached.
2. CPR letter too Mortimer Clarke Solicitors Ltd with no attachment, is this correct please.

Is this the correct procedure please ??? Do i need to send a copy with the mentioned letters above the Response Pack which was printed off when stating on the MCOL that i intend to defend all of this claim, or is this just a reference for myself only and the lwtters mentioned above should be send alone but with signitures.... Also when do i log into the MCOL site and start to DEFEND my case please ??

Kind Regards

[Nibbler]

Re: County Court Claim Form Received !!!

You acknowledge the service online now, saying you intend to defend.

That gives you 28 days from when you got the claim forms to get an actual defence together and submit online. As said earlier, that means you don't have to worry about it much over Xmas and can sit and wait to see what responses you get to CCA/CPR.