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

[Joany1212]

Received a claim? Yes
Issue Date: 14-12-2015
Amount approx: 5998.20
Claimant: Hillesden Securities Ltd
Solicitor: Mortimer Clarke Solicitors
Original Credit: Black Horse

Particulars of Claim:
The claim is for the balance of instalments due & unpaid under an agreement dated 18/11/2005 & under which Black Horse Ltd agreed to sell the defendant goods for a price payable by instalments (the agreement). The agreement was assigned to the claimant. Particulars 1. Amount due & unpaid 5488.20. The claimant therefore claims 1. Amount due & unpaid 5488.20

Stat Barred? Yes

Have sent: Acknowledged the Claim

Other Info:
I haven't made contact with black horse since about Dec 2007 when I offered them a reduced payment which was declined. I have had no contact with them or any other creditor since. The last payment will have been before this date.
The debt defaulted in 2008 and the default came off my credit file in Nov 2014 after running the 6 year course.
I have no other details or paperwork as the debt is so old, can I argue that the debt is statute barred?.... and if I can what do I need to put, read through some previous threads but cant work it out! Sorry

[Joany1212]

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

Hi, today I have sent a CCA & CPR request recorded delivery (I think this is what I needed to do reading the forum). I now need some help with when & what to reply on the court papers if any1 could please help??!
Thanks in advance

[nemesis45]

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

Good evening, welcome to LB,

It certainly seems from what you say that this alleged debt is statute barred which is a complete
defence. ( No apologies necessary).

For Clarification please:

On the claim form (N1) is the name of the claimant just Hillesden Securities Ltd.? Or is it Hillesden Securities Ltd Trading a DLC?

nem

[Joany1212]

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

Thanks for your reply, it's hillesden securities Ltd T/A DLC

[nemesis45]

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

Thanks for your reply, it's hillesden securities Ltd T/A DLC

That's what I thought, if you addressed the CCA request to Hillesden Securities Ltd without the T/A DLC
it might be returned this lost are playing silly bergers with the names.

They have 12 + 2 Working days to comply with the request., just have to wait and see what happens.

Your defence will be simple to draft with the debt being as far as we can see statute barred.

nem

[Joany1212]

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

I put the T/A DLC bit on the request (read it on 1 of your previous posts!)

When do I need to file a defence by if papers were issued on 14/12?

[nemesis45]

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

I put the T/A DLC bit on the request (read it on 1 of your previous posts!)

When do I need to file a defence by if papers were issued on 14/12?

28 days from service.

If you want to take a look round some of the threads with defences to get an idea of the
content and format and make draft and post here we can go through it with you.

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

nem

[Noxyd]

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

Hi Joany1212
Sorry if this seems as i am hijacking your post. My wife has almost the same situation with you, same companies, addresses etc, owed £3550 and last made all contact around end 2008. I have drafted the CCA and CPR letters. I am acknowledging the claim now.
My quick question is what account number did you put on the CCA and CPR letters? Is it the number below Mortimer solicitors address, after their phone number, mine starts with B16.********. Also who did you or should we address the postal order to?
Thanks.

[Joany1212]

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

Hi Noxyd, I used the court claim number on the solicitors letter & DLC had sent me an arrears letter separately so I had the A/C number from that. Not sure which number you would use from the court papers if I'm honest.
On the postal order I put Hillesden Securities Ltd T/A DLC, I wrote on the back that the order was for statutory fee only then took a picture of both sides! Just have to see if they accept it.

[nemesis45]

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

Hi Joany1212
Sorry if this seems as i am hijacking your post. My wife has almost the same situation with you, same companies, addresses etc, owed £3550 and last made all contact around end 2008. I have drafted the CCA and CPR letters. I am acknowledging the claim now.
My quick question is what account number did you put on the CCA and CPR letters? Is it the number below Mortimer solicitors address, after their phone number, mine starts with B16.********. Also who did you or should we address the postal order to?
Thanks.

If the account number is on the statement of claim (Form N1) use that in conjunction with the CC Claim number.
The PO is made payable Hillesden Securities Ltd Trading As DLC endorse it " for statutory fee only" keep a photocopy.

If you need further help a thread of your own would be better, a member of the LB team could transfer this for you.

nem

[Joany1212]

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

Hi Nem, is the below OK, is there anything else I need to put or don't need?

Thanks in advance 😊


I received the claim on 14th December 2015 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 fully enter my defence.

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

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

6. On 29th December 2015 I sent a request under the provisions of the Consumer Credit Act 1974 for a copy of the agreement mentioned in the statement of the claim to the claimant together with the £1.00 statutory fee.

7. The claimant has not responded to this request.

8. On 29th December 2015 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 Mortimer Clarke solicitors.

9. Mortimer Clarke 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:
7th January 2015


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

[nemesis45]

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

Hello Joany,

Well done!!
Good to go!!

nem

[Joany1212]

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

Thanks Nem, do I put it in the post or just copy the reply online at moneyclaim.gov?

[nemesis45]

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

Thanks Nem, do I put it in the post or just copy the reply online at moneyclaim.gov?

The MCOL site seems to have more problems that usual send by signed for post as well as trying MCOL.

nem

[Joany1212]

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

Hi Nem,
I've received a letter from Mortimer Clarke saying basically that they believe I have already inspected the docs as I would have had them sent previously by the original creditor & are asking me to confirm what docs I have.
Do I need to reply to them now as I've already submitted my defence?

Thanks