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

Thanks noxyd I sent that thanks again just wondering if you rang the court and that they allowed the extension as on mcol it isn't showing!
Nemesis will I have to file my defence tomorrow or Thursday if no extension showing?.
Sorry for keep asking x

[aidybobz]

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

[MENTION=55034]nemesis45[/MENTION] please can you advise whether I need to put defence in today as court said they don't extend as they only follow orders from either me or the claimant x

[nemesis45]

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

@nemesis45 please can you advise whether I need to put defence in today as court said they don't extend as they only follow orders from either me or the claimant x

Hi aidy.

Did you send the claimants agreement to the extension to the court with a covering letter?
I can't understand the courts answer it is required for the defendant to inform the court in
writing that an extension has been granted.
Check again but ask for the court manager and state what you were previously told.

nem

[aidybobz]

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

[MENTION=42011]Nem[/MENTION]isi45 yh I sent email on Saturday and letter Monday which was received at court at 8 am Tuesday x

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[MENTION=42011]Nem[/MENTION]sis45 nothing showing on the mcol x

[nemesis45]

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

@Nemisi45 yh I sent email on Saturday and letter Monday which was received at court at 8 am Tuesday x

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@Nemsis45 nothing showing on the mcol x

Phone the court MCOL is not always reliable.

nem

[aidybobz]

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

[MENTION=42011]Nem[/MENTION]sis45 I phoned the court and yh they have the extension 28days from 11th Jan.
The response letter to Mortimer has til Monday to provide documents? What happens if don't provide them x

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[MENTION=42011]Nem[/MENTION]sis45 thanks for you help very much appriciated x

[nemesis45]

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

@Nemsis45 I phoned the court and yh they have the extension 28days from 11th Jan.
The response letter to Mortimer has til Monday to provide documents? What happens if don't provide them x

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@Nemsis45 thanks for you help very much appriciated x

No need to produce any documents to MC asking you to do so is
a ploy to get documents that they can't get them selves.

You use their non compliance with the CCA request they can't enforce
without the agreement.

nem

[aidybobz]

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

[MENTION=42011]Nem[/MENTION]sis45 ok thanks x

[aidybobz]

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

Hi nemsis45 the 7 days have passed what do I send to the court to say they(solicitors) haven't sent the documents.

[aidybobz]

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

[MENTION=42011]Nem[/MENTION]sis45 received a letter from Mortimer saying
Thank you for your correspondence dated 17th January 2016.
We are taking our clients instructions in relation to the content of your correspondence and will come back to you as soon as we can. In the meantime, the matter has been placed on hold.
Yours faithfully
Mortimer Clarke solicitors
My defence deadline is 8th Feb what do I need to do now?, sorry to keep asking as I don't know how this works thanks x

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[MENTION=55034]nemesis45[/MENTION] sorry x

[nemesis45]

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

@Nemsis45 received a letter from Mortimer saying
Thank you for your correspondence dated 17th January 2016.
We are taking our clients instructions in relation to the content of your correspondence and will come back to you as soon as we can. In the meantime, the matter has been placed on hold.
Yours faithfully
Mortimer Clarke solicitors
My defence deadline is 8th Feb what do I need to do now?, sorry to keep asking as I don't know how this works thanks x

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@nemesis45 sorry x

Good morning Aidy,

Ok Proceed as if MC has not made contact.
Start to draft your defence.
It will help you to understand content and format of
a defence if you take a look at some of the other threads
with defences, make a rough draft and post here then we can
go through it with you.

nem

[aidybobz]

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

[MENTION=55034]nemesis45[/MENTION] thanks for the quick response, I have made a start to do my defence after taking a look at others and will post up when done thanks again x

[nemesis45]

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

@nemesis45 thanks for the quick response, I have made a start to do my defence after taking a look at others and will post up when done thanks again x

OK Aidy.

If you want me to take a look just tag [MENTION=55034]nemesis45[/MENTION]

nem

[aidybobz]

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

[MENTION=55034]nemesis45[/MENTION] will do thanks x

[aidybobz]

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

[MENTION=55034]nemesis45[/MENTION] here is a copy of 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