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

[dixieboy]

Received a claim? Yes
Issue Date: 14-12-2015
Amount approx: 988.57
Claimant: Hillesden Securities Limited
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 17/10/2005 & 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 and unpaid 988.57 THE CLAIMANT THEREFORE CLAIMS 1. Amount due & unpaid 988.57

Stat Barred?

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
Cannot answer Statute Barred question as do not know when last payment was made. Have no records as i left the UK in November 2007 to work abroad. Have not recieved any other correspondance from the claimant. My ex partner has passed these on to me.

[nemesis45]

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

Received a claim? Yes
Issue Date: 14-12-2015
Amount approx: 988.57
Claimant: Hillesden Securities Limited
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 17/10/2005 & 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 and unpaid 988.57 THE CLAIMANT THEREFORE CLAIMS 1. Amount due & unpaid 988.57

Stat Barred?

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
Cannot answer Statute Barred question as do not know when last payment was made. Have no records as i left the UK in November 2007 to work abroad. Have not recieved any other correspondance from the claimant. My ex partner has passed these on to me.

Hi,

Yet another Black Horse account and at first glance another looser for Hillesden!

You say you have been outside the UK since 2007 so you would not have made any payments
in the last 7 years correct?

Nem

[dixieboy]

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

I have also recieved a letter today from Mortimer Clarke Solicitors dated 04/12/2016 as follows.

Thank you for your letter dated 23/12/2015

We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the sgreement.
CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.
We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.
We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our client's instuctions.

- - - Updated - - -

As far as i am aware there have been no payments, but as i am still abroad i do not have any of that information available.

[dixieboy]

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

Just found an old Experian credit report which states account started 17/10/2005 £236 x 54 months, but it is also showing a default date of 14/12/2011. I am presuming that it carried on being paid as the outstanding balance is 3.5 months payments, which would take me to around January 2010. But why the default date almost 2 years later.

[nemesis45]

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

I have also recieved a letter today from Mortimer Clarke Solicitors dated 04/12/2016 as follows.

Thank you for your letter dated 23/12/2015

We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the sgreement.
CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.
We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.
We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our client's instuctions.

- - - Updated - - -

As far as i am aware there have been no payments, but as i am still abroad i do not have any of that information available.

OK no need for you to confirm or deny that you have or had any documents so that can be ignored.

As to payment do you have any UK bank accounts that payment could be drawn from?

My approach with this and it can do No Harm at all would be to write to MC along the following lines.

Claim No ......................................:
Mortimer Clarke Ref: as on the last letter.

Dear Sir/Madam,

I refer to your letter dated ..............................: in regard to my request made under the provisions of CPR 31.14, your request
for information regarding documents I may or may not be under my control, such documents if any will be disclosed as and
when appropriate within the court process.

Please not nothing contained in this communication is an admission of any liability to your client.

Furthermore I have concluded that the alleged debt which is the subject of this claim is statute barred
under the provisions of the Limitation Act 1980 therefore no offer of payment will be made now or in the
future.

I suggest that Mortimer Clarke now makes its client aware of the status of the alleged debt and advises the
client to withdraw the claim immediately.

You are reminded that the onus of proof that the alleged debt is not statute barred falls entirely upon your client.

Should your client continue the claim it will be robustly defended.
An early response is required in the interest of saving costs and court time.

Hopefully this will be an end to it, but the option to enter a defence is still open and recommended.

nem

[dixieboy]

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

OK no need for you to confirm or deny that you have or had any documents so that can be ignored.

As to payment do you have any UK bank accounts that payment could be drawn from?

My approach with this and it can do No Harm at all would be to write to MC along the following lines.

Claim No ......................................:
Mortimer Clarke Ref: as on the last letter.

Dear Sir/Madam,

I refer to your letter dated ..............................: in regard to my request made under the provisions of CPR 31.14, your request
for information regarding documents I may or may not be under my control, such documents if any will be disclosed as and
when appropriate within the court process.

Please not nothing contained in this communication is an admission of any liability to your client.

Furthermore I have concluded that the alleged debt which is the subject of this claim is statute barred
under the provisions of the Limitation Act 1980 therefore no offer of payment will be made now or in the
future.

I suggest that Mortimer Clarke now makes its client aware of the status of the alleged debt and advises the
client to withdraw the claim immediately.

You are reminded that the onus of proof that the alleged debt is not statute barred falls entirely upon your client.

Should your client continue the claim it will be robustly defended.
An early response is required in the interest of saving costs and court time.

Hopefully this will be an end to it, but the option to enter a defence is still open and recommended.

nem

Yes I do still have Uk bank accounts.

I shall send this off tomorrow morning. Thank you very much, as i wasn't sure where to go with this letter.
I also have received nothing from the claimant pertaining the CCA request. Is this normal?

Is it ok not to sign and just type my name as it is easier as i am abroad.

[dixieboy]

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

Hi Nemesis45.
Having sent a letter to Hillesden Securities on 22.12.15 for an S78 request, i have now today (21/09/2016) received a reply dated 20/09/2016 from them with the information. they are now giving me 14 days to discuss repayment options. Did they not have 14 days themselves to reply to original request?
Now having more information i can give you more details.
Original amount owed £8249.56
1 x 227.21
34 x 227.21
1 x 297.21
Amounts paid to account £8248.90
1 x 227.21
32 x 227.21
1 x 208.85
1 x 244.91
1 x 297.21
Various fees and charges for late payments have been added by the creditor of £675.35
The final payment was made on 08/01/2010 (£297.21) and then debited back to the account on the same day with DD UNPAID MANDATE CANCELLED. not too sure what this means.
Is this now statute barred?
Many thanks

[Amethyst]

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

Have they detailed in their documents how the amount has gone to 988.57 ? or is that figure including the court & sols fee ?

Is the agreement all looking good and complete - all the applicable terms attached ?

The statements list all the late payment charges etc? They are possibly defendable as penalties in which case you'd have paid the entire debt off barring a couple of quid before it went to default/DCA's so should settle at 0.

[dixieboy]

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

Hi Amethyst. Sorry for the lateness in replying, but have now got copies of documents received today. Is it ok to post on here, have removed any sensitive information. Should explain questions

[dixieboy]

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

Have they detailed in their documents how the amount has gone to 988.57 ? or is that figure including the court & sols fee ?

Is the agreement all looking good and complete - all the applicable terms attached ?

The statements list all the late payment charges etc? They are possibly defendable as penalties in which case you'd have paid the entire debt off barring a couple of quid before it went to default/DCA's so should settle at 0.

Hi Amethyst. Sorry for the lateness in replying, but have now got copies of documents received today. Is it ok to post on here, have removed any sensitive information. Should explain questions

[Amethyst]

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

Of course

[dixieboy]

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

Of course

Hopefully this will make more sense to you why they are still after money.

[dixieboy]

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

Of course

Final Attachment.

[nemesis45]

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

Hopefully this will make more sense to you why they are still after money.

First glance imo the agreement is incomplete, 3rd image shows I think as page 3 too small to be sure!

4th image shows £1.00 postal order credited to the account was this for the CCA request?

I'm sure [MENTION=6]Amethyst[/MENTION] will take a look asap.

nem

[dixieboy]

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

First glance imo the agreement is incomplete, 3rd image shows I think as page 3 too small to be sure!

4th image shows £1.00 postal order credited to the account was this for the CCA request?

I'm sure @Amethyst will take a look asap.

nem

Unfortunately as i am not in the country i only get to see from photos. i couldnt read that text either but looks very short for a credit agreement so possibly there would have been more. The £1 refund would have been for the CCa request, which was sent. Many thanks