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

[aidybobz]

Received a claim? Yes
Issue Date: 21-12-2015
Amount approx: 5600
Claimant: hillesden securities limited t/a dlc
Solicitor: mortimer clarke solicitors ltd
Original Credit: blackhorse

Particulars of Claim:
by an agreement between BLACKHORSE LTD &the defendant on or around 27/07/2007 ("the agreement") BLACKHORSE 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 CLAIMENT THEREFORE RE CLAIMS 5XXX

Stat Barred? Yes

Have sent: Acknowledged the Claim

Other Info:

[nemesis45]

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

[aidybobz]

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

hello nemsis and thanks for the reply.

not sure on notice or final demand as was last paid in late 2008/ early 2009
no mention on my credit file at all

how do I word the cca as don't have any paperwork for it and there isn't a account number on claim form.
thanks again x

[nemesis45]

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

hello nemsis and thanks for the reply.

not sure on notice or final demand as was last paid in late 2008/ early 2009
no mention on my credit file at all

how do I word the cca as don't have any paperwork for it and there isn't a account number on claim form.
thanks again x

Just The agreement relevant to the alleged debt which is the subject of this claim.


nem

[aidybobz]

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

Thanks nemesis I have done and sent cca with postal order to creditor and cpr to solicitors.
Don't know what to do next please can you help
Thanks x

[nemesis45]

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

Thanks nemesis I have done and sent cca with postal order to creditor and cpr to solicitors.
Don't know what to do next please can you help
Thanks x

You've gone as far as you can at this stage, if you want take
a look at similar threads and the defence so you get an understanding
of the format and content.

nem

[Kati]

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

if you want take a look at similar threads and the defence so you get an understanding of the format and content.

DRAFT DEFENCE TEMPLATE :grin: xx

[aidybobz]

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

Thanks nemesis and Kari!
I've not heard anything from either the cca or cpr request, should I chase them up

[nemesis45]

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

DRAFT DEFENCE TEMPLATE :grin: xx

Thank you [MENTION=49370]Kati[/MENTION] nemxx

- - - Updated - - -

Thanks nemesis and Kari!
I've not heard anything from either the cca or cpr request, should I chase them up

The non compliance with the request (s) will at the moment form the basis of the defence,
which may have to be amended IF anything comes of the requests.

nem

[aidybobz]

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

Thanks nemesis!
Do I need to contact solicitors about cpr and not replying it was signed for on 31/12 x

[aidybobz]

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

Hi nemesis,
Received a letter from Mortimer today saying they give me 28 days extension and to notify the court, how do I go about that sorry for asking but to many questions but don't know much about this stuff!, plus it also says "they believe I have already inspected the documents I make reference on various dates which would have been sent from another party such as original creditor.
We would be grateful if you could confirm what documents you have to avoid duplicate documents, then they will take their clients instructions."
Thanks x

[nemesis45]

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

Hi nemesis,
Received a letter from Mortimer today saying they give me 28 days extension and to notify the court, how do I go about that sorry for asking but to many questions but don't know much about this stuff!, plus it also says "they believe I have already inspected the documents I make reference on various dates which would have been sent from another party such as original creditor.
We would be grateful if you could confirm what documents you have to avoid duplicate documents, then they will take their clients instructions."
Thanks x

Hello Aidy,

No problem in asking questions!!

You need to inform the court in writing that the claimant has allowed a 28 day extension so send a covering letter
with a copy of MC's letter.

Reply to their standard template letter re CPR request.

Sir/Madam,

I refer to your " request" for information as to what if any documents I may or may not have under my control.
if any such documents exists they will be disclosed when appropriate within the progress of the claim.

Meanwhile Mortimer Clarke is reminded that CPR 31 . 14 is still relevant to this claim until it is actually allocated to
the small claims track.

I therefore expect to receive the documents requested within 7 (seven) days of the date hereon.
Failure to supply the documents will be brought to the attention of the court.

Yours etc.

Use signed for post.

nem

[aidybobz]

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

Hi nemesis,
Thank you so much!, I will get them done now and sent today thanks again x

[aidybobz]

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

Hi nemesis,
Please may I have some help in wording the cover letter to the courts I have a copy of the solicitors letter but am struggling to word it thanks x

[Noxyd]

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

Hi Aidybobz, below is what i sent with a copy of the letter from mortimer, with recorded signed for. I also emailed the court with the same letter and an attachedment of the copy of that letter. The seniors here will confirm if that cover letter below is ok. I am also thinking of ringing them on Monday as well.

YOUR NAME
YOUR ADDRESS
TOWN
POST CODE

DATE

COUNTY COURT BUSINESS CENTRE
4^TH FLOOR ST KATHARINE’S HOUSE
21-27 ST KATHARINE’S STREET
NORTHAMPTON
NN1 2LH

Dear Sirs,

Claim Number: YOUR CLAIM NUMBER

In reference to the above claim number please find enclosed copy of letter received from Mortimer Clarke Solicitors LTD advising on notifying you the court in writing of the 28 days extension agreed by their client Hillesden Securities Limited T/A DLC and that I also agree to the extension.

I would really appreciate it if you could send an acknowledgement of this letter once received.

Yours Faithfully

YOUR NAME