Court Claim - Hillesden Securities Limited T/A DLC / Black Horse - 2-12-2015

[Ali42]

Received a claim? Yes
Issue Date: 2-12-2015
Amount approx: 4792.68
Claimant: Hillesden Securities Limited T/A DLC
Solicitor: Restons
Original Credit: Black Horse

Particulars of Claim:
The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant and Black Horse Ltd dated on or about Mar 31 2005 and assigned to the Claimant

PARTICULARS a/c no XXXXXXXXXX
10/11/2015 Default Balance 4527.68
Post Refrl Cr NIL

Stat Barred? Yes

Have sent: Acknowledged the Claim

Other Info:
Got a car on HP for ex boyfriend, who had a gambling addiction. We broke up due to this and he said he would pay for the car. He subsequently sold the car and stalked me. Last payment would have been before Mar 2007

I have not had a letter or any communication from them since

[Ali42]

Re: Court Claim - Hillesden Securities Limited T/A DLC / Black Horse - 2-12-2015

Hi Guys

I really would just like a template to fill out my defence on-line. I've just phoned Restons and I've asked for proof that this is not Statute Barred and they have refused to send it.

I think it is pretty clear that they are very vague as they are using on or about March 2005.

Surely this is illegal any help would be gratefully received

[Kati]

Re: Court Claim - Hillesden Securities Limited T/A DLC / Black Horse - 2-12-2015

I'll tag [MENTION=55034]nemesis45[/MENTION] for you ... he'll be able to advise when he's on later

[Ali42]

Re: Court Claim - Hillesden Securities Limited T/A DLC / Black Horse - 2-12-2015

Thanks so much x

[Astro]

Re: Court Claim - Hillesden Securities Limited T/A DLC / Black Horse - 2-12-2015

I'm in a similar situation to yourself. It makes me wonder how many old Black Horse (alleged) debts DLC have bought up this time around

[Ali42]

Re: Court Claim - Hillesden Securities Limited T/A DLC / Black Horse - 2-12-2015

I'm in a similar situation to yourself. It makes me wonder how many old Black Horse (alleged) debts DLC have bought up this time around

Yeah, I am surprised they don't get taken to court for wasting time. Mine is 10 years old!! Surely this is abuse of process

[Astro]

Re: Court Claim - Hillesden Securities Limited T/A DLC / Black Horse - 2-12-2015

You would have thought so, but someone would have to be collating the information to back up any complaint. Thankfully mine is SB'd but the whole process is still stressful and i'm regularly losing sleep over it

[nemesis45]

Re: Court Claim - Hillesden Securities Limited T/A DLC / Black Horse - 2-12-2015

Hello Ali I'm responding to a tag from [MENTION=49370]Kati[/MENTION].

It's pointless to ask Restons to advise you they are the claimants representative after all !

Just for a clarification please check your Credit Reference Files to see what information
is held on this if any. Use Noddle it's Free Online.

There are many old Black Horse accounts around at the moment a good portion are stat barre.

If you are sure on the last payment and we can get the CRA data then it will be easier to suggest
a defence.

nem

[Ali42]

Re: Court Claim - Hillesden Securities Limited T/A DLC / Black Horse - 2-12-2015

Thanks for the response

There is nothing on my credit file as I am an Experian member and it's over 6 years ago

I would just like to get the defence filed as soon as possible so a judgement can't be made

I phoned Restons, as the solicitor I have told me to tell them it was statute barred, Restons, just said their client believed it was not statute barred and they do not have to disclose anything at this stage and I should just go through the court

[Ali42]

Re: Court Claim - Hillesden Securities Limited T/A DLC / Black Horse - 2-12-2015

Hello Ali I'm responding to a tag from @Kati.

It's pointless to ask Restons to advise you they are the claimants representative after all !

Just for a clarification please check your Credit Reference Files to see what information
is held on this if any. Use Noddle it's Free Online.

There are many old Black Horse accounts around at the moment a good portion are stat barre.

If you are sure on the last payment and we can get the CRA data then it will be easier to suggest
a defence.

nem

Hi [MENTION=29921]nemesis[/MENTION]

Thanks for the response

There is nothing on my credit file as I am an Experian member and it's over 6 years ago

I would just like to get the defence filed as soon as possible so a judgement can't be made

I phoned Restons, as the solicitor I have told me to tell them it was statute barred, Restons, just said their client believed it was not statute barred and they do not have to disclose anything at this stage and I should just go through the court

[nemesis45]

Re: Court Claim - Hillesden Securities Limited T/A DLC / Black Horse - 2-12-2015

Hi Ali,
Can you think of any reason why they may think the debt is not SB?
Could any payments have been made without your knowledge at any
point?

Have you sent a CCA request?? Has it been complied with ?

nem

[Ali42]

Re: Court Claim - Hillesden Securities Limited T/A DLC / Black Horse - 2-12-2015

Hi Ali,
Can you think of any reason why they may think the debt is not SB?
Could any payments have been made without your knowledge at any
point?

Have you sent a CCA request?? Has it been complied with ?

nem

I was appointed as a director which meant my details were logged at companies house. This happened then the letters suddenly started arriving, like a snow storm at the minute! What is a CCA request? Consumer credit agreement? Not done so far.

I was daft enough to do a favour for my ex boyfriend, getting him a car for his taxi business. Didn't realise he had a huge gambling addiction! Ouf, hate gambling didn't even know anything about gambling! I've always had a company car, the car was registered to him, so I didn't even use the thing. Grr will stay factual!

thanks for the help x

[nemesis45]

Re: Court Claim - Hillesden Securities Limited T/A DLC / Black Horse - 2-12-2015

[QUOTE=Ali42;603167]I was appointed as a director which meant my details were logged at companies house. This happened then the letters suddenly started arriving, like a snow storm at the minute! What is a CCA request? Consumer credit agreement? Not done so far.

I was daft enough to do a favour for my ex boyfriend, getting him a car for his taxi business. Didn't realise he had a huge gambling addiction! Ouf, hate gambling didn't even know anything about gambling! I've always had a company car, the car was registered to him, so I didn't even use the thing. Grr will stay factual!

Rants acceptable!!:santa2:
Yes CCA Request is for a copy of the agreement + a current statement of the account.

Get the CCA request off today if possible, £1 fee use a Postal Order endorsed for "statutory fee only".
A CPR 31.14 request to Restons (no fee) for the documents mentioned in the particulars of the claim.

Templates for both requests are in the forum library.

nem

[Ali42]

Re: Court Claim - Hillesden Securities Limited T/A DLC / Black Horse - 2-12-2015

[QUOTE=nemesis45;603363]

I was appointed as a director which meant my details were logged at companies house. This happened then the letters suddenly started arriving, like a snow storm at the minute! What is a CCA request? Consumer credit agreement? Not done so far.

I was daft enough to do a favour for my ex boyfriend, getting him a car for his taxi business. Didn't realise he had a huge gambling addiction! Ouf, hate gambling didn't even know anything about gambling! I've always had a company car, the car was registered to him, so I didn't even use the thing. Grr will stay factual!

Rants acceptable!!:santa2:
Yes CCA Request is for a copy of the agreement + a current statement of the account.

Get the CCA request off today if possible, £1 fee use a Postal Order endorsed for "statutory fee only".
A CPR 31.14 request to Restons (no fee) for the documents mentioned in the particulars of the claim.

Templates for both requests are in the forum library.

nem

Thanks Nem x

Is there any standard info I can file in my defence for this?

I know the clock is ticking.....just to check 02/12 then 5 days = 07/12 then 28 days from 7th Dec? So 4th Jan I have until I can file my defence???

[nemesis45]

Re: Court Claim - Hillesden Securities Limited T/A DLC / Black Horse - 2-12-2015

[QUOTE=Ali42;603395]

Thanks Nem x

Is there any standard info I can file in my defence for this?

I know the clock is ticking.....just to check 02/12 then 5 days = 07/12 then 28 days from 7th Dec? So 4th Jan I have until I can file my defence???

Get those requests posted now and I draft a defence here for you.

A statute barred defence is a complete defence:


Claim No. .............................................

Between

Hilleseden Securities Ltd Claimant:


and

Your name Defendant:

Of: your address:

Defence:



1. I received the claim on date from the Northampton County Court Business Centre.

2. All statements in the claimants statement of claim are denied, unless specifically admitted below.

3. The claimants statement is vague and is not fully particularised and does not allow me to full enter my defence.

4. The claim appears to be in regard to an account with Black Horse Finance Ltd.

5. The defendant admits to entering into and agreement with Black Horse Finance, but holds no documents in regard to it.

6. On date ............I sent a request under the provisions of the Consumer Credit Act 1974 for a copy of the contract mentioned
in the statement of the claim to the claimant together the £1.00 statutory fee.

7. The claimant has not responded to this request.

8. On date........... I sent a request made under the provisions of Civil Procedure Rule 31. 14 for inspection
of the documents mentioned in the claimants statement of claim to Restons solicitors.

9. Restons has not responded to this request.

10. The defendant avers that the alleged debt which is the subject of this claim was statute barred under
the provisions of the Limitation Act 1980 when this claim was issued no payment or acknowledgment having
been made in more than 6 years.

11. The claimant is to be to strict proof that the alleged debt was not statute barred on the relevant date.

12. It is denied that the claimant is entitled to the relief claimed or any relief at all.

Statement of truth:

The defendant believes the statements made above are the truth to the best of her knowledge and belief.


Signed: Defendant: Print Name: Dated:










i.e. 1. The Defendant avers that the alleged debt was statute barred under the provisions of the Limitation Act 1980 .



Make at least 3 copies before sending, for use later.

1 off to the court asap now,

Best wishes!!

nem:santa2: