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Like many on this forum I recieved a claim on 14/12/2015 for a Black Horse debt. As with others it had been bought by hillesden/DLC and the claim soliciters were Mortimer clarkes.
Following the superb advice on this forum i acknowlwdged service online and sent off the CPA request and CPR letters to DLC and mortimers respectively. As a Back up I sent a subject access request to Blackhorse.
The debt was taken out in 2008 as a HP agreement and a default notice was served in march 2009. There has been no acknowledgement of the debt and certainly no payment made since that date (in fact last payment was in 2008!).
IMO the debt is clearly statute barred and the clowns are chancing it on me being a mug and paying up. Clearly thats never going to happen.
Now to the current state of play.
I had no reply from anyone as the date was coming up for submitting my defence so I submitted a statute barred defence using templates and examples from this forum.
The defence submission was acknowledged on the 18th in letter by the court.
Since then I have been awaiting letters to determine my next move.
Today i get two letters. One from Mortimer and my SAR from Blackhorse.
The letter from mortimers was pretty much the same as everyone elses on here, allowing me 28 day extension and also the usual rubbish fob off letter about me having already received the documents hence not being eligible to inspect them etc.
The SAR from Blackhorse was everything i could hope for, original agreement, EVERY letter theyve sent including default notice, annual statements showing NO payments and a full system screen print out.
The paperwork backs up my view of statute barred.
Also as the CPA request has not been replied to, its unenforcable for that reason as well.
Now im thinking my way forward.
The paperwork is water tight IMO. The only play i can see them using is producing some fake document showing a payment after the debt was sold in 2011.
I could just wait and when the time comes, submit copies of the blackhorse paperwork to the court and just wait it out to see if the solicitors are dumb enough to continue or just quit then.
But Im thinking as ive got the proof i need now, is it worth me writing to DLC and Mortimers now pointing out my statute barred defence and with copies of the paperwork to prove it.? Idea being they might see sense and discontinue now rather than waste mine and the courts time.
If so does anyone have a template for such a letter I could hack and maim to suit my case??
Any advice would be appreciated!
Following the superb advice on this forum i acknowlwdged service online and sent off the CPA request and CPR letters to DLC and mortimers respectively. As a Back up I sent a subject access request to Blackhorse.
The debt was taken out in 2008 as a HP agreement and a default notice was served in march 2009. There has been no acknowledgement of the debt and certainly no payment made since that date (in fact last payment was in 2008!).
IMO the debt is clearly statute barred and the clowns are chancing it on me being a mug and paying up. Clearly thats never going to happen.
Now to the current state of play.
I had no reply from anyone as the date was coming up for submitting my defence so I submitted a statute barred defence using templates and examples from this forum.
The defence submission was acknowledged on the 18th in letter by the court.
Since then I have been awaiting letters to determine my next move.
Today i get two letters. One from Mortimer and my SAR from Blackhorse.
The letter from mortimers was pretty much the same as everyone elses on here, allowing me 28 day extension and also the usual rubbish fob off letter about me having already received the documents hence not being eligible to inspect them etc.
The SAR from Blackhorse was everything i could hope for, original agreement, EVERY letter theyve sent including default notice, annual statements showing NO payments and a full system screen print out.
The paperwork backs up my view of statute barred.
Also as the CPA request has not been replied to, its unenforcable for that reason as well.
Now im thinking my way forward.
The paperwork is water tight IMO. The only play i can see them using is producing some fake document showing a payment after the debt was sold in 2011.
I could just wait and when the time comes, submit copies of the blackhorse paperwork to the court and just wait it out to see if the solicitors are dumb enough to continue or just quit then.
But Im thinking as ive got the proof i need now, is it worth me writing to DLC and Mortimers now pointing out my statute barred defence and with copies of the paperwork to prove it.? Idea being they might see sense and discontinue now rather than waste mine and the courts time.
If so does anyone have a template for such a letter I could hack and maim to suit my case??
Any advice would be appreciated!
xxx
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