Court Claim - hillesden securities limited t/a dlc / blackhorse - 21-12-2015

[aidybobz]

Re: Court Claim - hillesden securities limited t/a dlc / blackhorse - 21-12-2015

[MENTION=55034]nemesis45[/MENTION] please can you have a look at my defence and see if it's correct, sorry to be a pain just needs to be in tomorrow x

[charitynjw]

Re: Court Claim - hillesden securities limited t/a dlc / blackhorse - 21-12-2015

Good morning welcome to LB

Yet another BH account!

I'll get to the Statute Barred element after the following.

1. Make a CCA request to Hillesden for a copy of the agreement, £1 statutory fee payable: Use a Postal Order endorsed " For Statutory Fee Only" make sure the PO is made payable to
Hillesden Securities Ltd T/A DLC or it's likely to be sent back. The claimant has 12 + 2 Working Days to Comply. Template in the forum library. send by signed for post.

2. A request made under CPR 31.14 (no fee) to the solicitors, for all the documents mention in the statement of claim. i.e. The Agreement, Termination Notice, and The Notice of Assignment.
Template in forum library. use signed for post.

Now to the question of the alleged being statute barred.

Did you receive a Demand for Immediate Repayment In full and/or a Final Demand for Payment, if so when were these dated?The Limitation Act 1980 allows a period of 6 years for action to be started, the relevant 6 year period for an HP agreement can be said to start when the creditor can demand immediate repayment in full, for safety the date the account fell in to default.

Debt purchasers like to claim that the date a default was recorded on credit files is relevant, my stance is that this is wrong.

If you can provide the relevant dates please it will help. You can check credit files online free with Noddle.

nem

Apologies for the late posting.

The SB clock starts to tick from the date the debt 'accrued'. (The date the last payment became due & wasn't paid. (Limitation Act 1980 s5)

In a CCA debt, this would be minimum 2 months before a Default Notice was sent out, & a min 14 further days before the agreement could be terminated.

http://www.legislation.gov.uk/ukpga/1974/39/section/86C

Re the defense statement, it's easier on the eye if you space between each paragraph.

Looks good to go to me; if it does turn out to be SB, you can always amend the defense.
But if you're certain that it is, probably best to insert something in the defense now.

@nemesis45 ?

[nemesis45]

Re: Court Claim - hillesden securities limited t/a dlc / blackhorse - 21-12-2015

@nemesis45 here is a copy of defence




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

Between: Hillesden Securities Ltd Trading as DLC Claimant:

and

your name Defendant

of Your address:

Defence:
1. I received the claim xxxxxx from Northampton county court business centre on 29/12/15.

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

3. The Claimant 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 access my position with regards the claim.

5. The Claimants statement of case states that the account was assigned from Blackhorse Ltd to Hillesden Securities Ltd t/a DLC. The Defendant does not recall receiving Notice of Assignment.

6. On the 29/12/15 I sent request for inspection of documents mentioned in the Claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitor. I requested the Claimant provide copies of the Agreement, Notice of Assignment, Termination Notice and the Statement of Account.

7. Mortimer Clarke Solicitor has not sent any of the documents to me.

8. On the 29/12/15 I sent a formal request for a copy of the original agreement to Hillesden Securities Ltd t/a DLC pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

9. The Claimant has failed to comply with s.77(1) Consumer Credit Act 1974 and by virtue of s.77(4) Consumer Credit Act 1974 cannot enforce the agreement.


10. 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 provide the relevant documentation to evidence their claim however they have failed to do so.

11. Under Civil Procedure Rule 16.5(4) where the claim includes a money claim, a Defendant shall be taken to require that any allegations relating to the 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.

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

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

14. 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.


can you let me know if ok thanks x

The above is now ready to go.

nem

Thanks to Charity!!

[aidybobz]

Re: Court Claim - hillesden securities limited t/a dlc / blackhorse - 21-12-2015

[MENTION=55034]nemesis45[/MENTION]
Update the claim has been stayed!
I received to letters from dlc 1) notice of sum arrears with solicitor fee and cost added.
2) says
Important information about your account
On 1 March 2016 ME III Limited bought your account from hillesden securities ltd. ME III Limited and Hillesden Securities Ltd ("dlc") are both part of the Cabot credit management group.
Although ME III Limited are legal and beneficial owners of your account, you should continue to communicate with, and make payments, to your current servicer.
Currently paying?
You don't have to do anything
Currently dealing with third party debt management or insolvency company?
You don't have to do anything. We will continue to deal with the third party and your plan will remain in place.
Not currently paying?
We would like to speak to you to discuss your account. Call us on 0344 335 8498 so we can agree an affordable solution with you that is tailored to your financial situation and personal circumstances.
If you have any queries about the content of this letter, please don't hesitate to contact us or you can visit our website, my dlc.co.uk, for more details.
Yours sincerely
Dlc
Please can you advice on what next steps will be? X

[nemesis45]

Re: Court Claim - hillesden securities limited t/a dlc / blackhorse - 21-12-2015

@nemesis45
Update the claim has been stayed!
I received to letters from dlc 1) notice of sum arrears with solicitor fee and cost added.
2) says
Important information about your account
On 1 March 2016 ME III Limited bought your account from hillesden securities ltd. ME III Limited and Hillesden Securities Ltd ("dlc") are both part of the Cabot credit management group.
Although ME III Limited are legal and beneficial owners of your account, you should continue to communicate with, and make payments, to your current servicer.
Currently paying?
You don't have to do anything
Currently dealing with third party debt management or insolvency company?
You don't have to do anything. We will continue to deal with the third party and your plan will remain in place.
Not currently paying?
We would like to speak to you to discuss your account. Call us on 0344 335 8498 so we can agree an affordable solution with you that is tailored to your financial situation and personal circumstances.
If you have any queries about the content of this letter, please don't hesitate to contact us or you can visit our website, my dlc.co.uk, for more details.
Yours sincerely
Dlc
Please can you advice on what next steps will be? X

Hello aidy,

The claim has been stayed by the court because the claimant has not responded to your defence and now will have to pay a fee to lift the stay if they find the agreement and want to continue the claim.

When was the stay put in place?

nem

[aidybobz]

Re: Court Claim - hillesden securities limited t/a dlc / blackhorse - 21-12-2015

[MENTION=55034]nemesis45[/MENTION]
Thanks for getting back so quickly, the 15/3/2016 the stay was put in place spoke to the court this morning when received letters X

[nemesis45]

Re: Court Claim - hillesden securities limited t/a dlc / blackhorse - 21-12-2015

@nemesis45
Thanks for getting back so quickly, the 15/3/2016 the stay was put in place spoke to the court this morning when received letters X

Hillesden / Cabot will still send begging letters but ignore them.

You can now consider getting the claim struck out, by either writing to the sols suggesting that their client discontinues/withdraws the claim or give them 7 days notice that you are going to make application to the court for the claim to be struck out and you expect the claimant to pay the costs of the application.

nem

[aidybobz]

Re: Court Claim - hillesden securities limited t/a dlc / blackhorse - 21-12-2015

I'll like to write a letter to them but am hopeless can u please help with what I should write! Sorry to be a pain and thanks again for all ur help x

[nemesis45]

Re: Court Claim - hillesden securities limited t/a dlc / blackhorse - 21-12-2015

I'll like to write a letter to them but am hopeless can u please help with what I should write! Sorry to be a pain and thanks again for all ur help x

It's not a problem Aidy I'll draft a letter a bit later as I'm just about to take 4 year old great grandson for lunch in his favourite restaurant MCD's.

nem

[aidybobz]

Re: Court Claim - hillesden securities limited t/a dlc / blackhorse - 21-12-2015

Thanks so much and hope u have a nice time mcds think its all kids favourite x

[aidybobz]

Re: Court Claim - hillesden securities limited t/a dlc / blackhorse - 21-12-2015

Hi [MENTION=55034]nemesis45[/MENTION]
The claim is stayed but today I received a copy of agreement with t&c and statement which show last payment 28/9/09 and then with alive sheet of there statement with £5 paid on 8/7/11 which don't remember paying as all payment were made by card or d/d before and that 5 isn't
Please can u advise of what to do next as they want me to ring Mortimer within 14 day x

[nemesis45]

Re: Court Claim - hillesden securities limited t/a dlc / blackhorse - 21-12-2015

Hi @nemesis45
The claim is stayed but today I received a copy of agreement with t&c and statement which show last payment 28/9/09 and then with alive sheet of there statement with £5 paid on 8/7/11 which don't remember paying as all payment were made by card or d/d before and that 5 isn't
Please can u advise of what to do next as they want me to ring Mortimer within 14 day x

Good afternoon,

Can you get hold of bank/card statements for the time the alleged payment was made?
I would also be asking for strict proof of any such payment as its seems to me that a one off payment some two years after the actual final payment is somewhat suspicious.

Ask for:

1. The identity of the person making the alleged payment.

2. The type of payment i.e. Credit Card/ Debit Card/ Cheque/PO/ BACS/ Over the counter at a bank etc. You say this payment is not paid by your usual method so how was it made please.

3. In each case the name of the card provider, bank, etc.

nem

[MIKE770]

Re: Court Claim - hillesden securities limited t/a dlc / blackhorse - 21-12-2015

proof of payment method and by whom???? how paid etc do not ring in writing see what others say 1st

[aidybobz]

Re: Court Claim - hillesden securities limited t/a dlc / blackhorse - 21-12-2015

Hi [MENTION=55034]nemesis45[/MENTION] it shows data as transaction type and direct data receipt as transaction narrative.

Should I ring or write them to ask the details x

[nemesis45]

Re: Court Claim - hillesden securities limited t/a dlc / blackhorse - 21-12-2015

Hi @nemesis45 it shows data as transaction type and direct data receipt as transaction narrative.

Should I ring or write them to ask the details x

No don't phone. sounds odd can you check with your bank or card provider?

Please post a copy of this statement after removing personal identifiers.

nem