NOXYD - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD

[Noxyd]

Received a claim? Yes
Issue Date: 21-12-2015
Amount approx: £3550
Claimant: HILLESDEN SECURITIES LIMITED
Solicitor: MORTIMER CLARKE SOLICITORS LTD
Original Credit: BLACK HORSE LTD

Particulars of Claim:
By an agreement between BLACK HORSE LTD & the defendant on or around 25/03/2008 ('the agreement') BLACK HORSE LTD agreed to loan the defendant monies. The defendant did not pay the installments as they fell due & the agreement was terminated. The agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS £3550.
Stat Barred? Yes

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

Other Info:
Hi guys.
First i would like to thank all the people here like @nemesis45 and@Amethyst who spare their time to help people like me.
I took a loan from black horse in march 2008 and paid the installments about 3 or 4 times. I then stopped paying and defaulted some time towards the end of 2008. I recently got a court claim regarding that debt. I strongly believe that it is statute barred. Since that time in 2008 i have not made any contact or made any payment to Black Horse or anyone associated with that debt. I have read a few posts of similar cases etc.
I sent the CCA and CPR requests (used templates here) on 30 December via royal mail signed for.
On 8 January i got a letter from Mortimer saying their client is willing to agree to the extension of 28 days for me to file my defence. It also says

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 them take our clients instructions.

I have typed a letter i am sending to court tomorrow informing them of the extension, will also attach a copy.
My question now is what response do i give Mortimer Clarke solicitors? I have not heard anything from Hillesden.

http://imgur.com/a/DUEc1

[Noxyd]

Re: Court Claim - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD - 21-12-2015

Just thought i would also mention that my credit file has nothing at all regarding any debt, i have been checking since January 2015 and no defaults or any mention of any debt. My Score shows as very good on Experian.

[Noxyd]

Re: Court Claim - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD - 21-12-2015

Hi Guys

So i sent the response below to Mortimer Clarke on 13 January, i hope i am doing the right thing. i have not heard any response from Hillesden about the CCA request, i believe their 12 working day dealine to supply a copy of the agreement expires this Monday. I have informed the court of the 28 day extension in writting by post and by email. Can someone just clarify if what i have done so far is ok?


Dear Sir/Madam,

Reference Number

County Court Claim number –


I refer to your letter dated --/--/2016 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.
I have informed the court of the extension of 28 days.

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 Solicitors LTD 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.

Yours sincerely

[nemesis45]

Re: Court Claim - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD - 21-12-2015

That's fine.
Still no response from the CCA request? e.g. Acknowledgment and statement that they need xx days to get the documents from the original creditor?


nem

[Noxyd]

Re: Court Claim - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD - 21-12-2015

That's fine.
Still no response from the CCA request? e.g. Acknowledgment and statement that they need xx days to get the documents from the original creditor?


nem

Thanks for replying Nem.

I have received nothing at all from Hillesden, only that 28 day extension letter from Mortimer. I sent via registered mail so they got it, will update if i hear anything from any of them.

Thanks

[nemesis45]

Re: Court Claim - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD - 21-12-2015

Thanks for replying Nem.

I have received nothing at all from Hillesden, only that 28 day extension letter from Mortimer. I sent via registered mail so they got it, will update if i hear anything from any of them.

Thanks

OK Thanks!

nem

[Noxyd]

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

Below is the email i recieved from Court.

Good Afternoon,

Thank you for your email.

Your claim has been updated with the below information as requested.

If you require any further information please email us or contact the helpdesk on the below number.

Kind Regards

Jake Nichols
Correspondence Section
Administrative Officer

[Noxyd]

Re: Court Claim - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD - 21-12-2015

So below is the email i got from court after i informed them via email and signed post of extension agreed by mortimer. I didn't manage to ring them. Am i safe to say that email is enough acknowledgement from court that my deadline has been extended? [MENTION=55034]nemesis45[/MENTION] i still have received nothing at all from Hillesden and their deadline to respond passed last Monday.

Good Afternoon,

Thank you for your email.

Your claim has been updated with the below information as requested.

If you require any further information please email us or contact the helpdesk on the below number.

Kind Regards

Jake Nichols
Correspondence Section
Administrative Officer

[nemesis45]

Re: Court Claim - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD - 21-12-2015

So below is the email i got from court after i informed them via email and signed post of extension agreed by mortimer. I didn't manage to ring them. Am i safe to say that email is enough acknowledgement from court that my deadline has been extended? @nemesis45 i still have received nothing at all from Hillesden and their deadline to respond passed last Monday.

Good Afternoon,

Thank you for your email.

Your claim has been updated with the below information as requested.

If you require any further information please email us or contact the helpdesk on the below number.

Kind Regards

Jake Nichols
Correspondence Section
Administrative Officer

Yes the e-mail states your claim has been updated.

nem

[Noxyd]

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

Hi Admins

[MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=49370]Kati[/MENTION] etc
i have my own thread running and my last post above i posted it in my thread, but now it looks some one has merged or something has happened i can not see my thread, and my last post has been posted here.
Can some one help. Thx

[Kati]

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

i have my own thread running and my last post above i posted it in my thread, but now it looks some one has merged or something has happened i can not see my thread, and my last post has been posted here.
Can some one help. Thx

sorted ... I've separated out your bits and put them in their own thread xx

[Noxyd]

Re: NOXYD - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD

Hi [MENTION=55034]nemesis45[/MENTION] and co

So attached is the reply from Mortimer, they claim agreement was terminated on 15/12/2010 and not statue barred, all contact was completely stopped in 2008 so how come termination of agreement is a good 2 years after?
They also mention the account has been put on hold while they await evidence from original creditor.
Any advice on how to proceed? I also never got a reply from Hillesden regarding the CCA request.
http://imgur.com/YIKUEsT

Thanks

[charitynjw]

Re: NOXYD - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD

Hi Noxyd

Naughty MC!

As per the Limitation Act 1980, the cause of action is when the debt accrued, that being the date on which payment was due, but not paid. The termination date can, & often is ,ages after this.

http://www.legislation.gov.uk/ukpga/1980/58/section/5

Funny, really, you'd think a real solicitor would know this, wouldn't you, lol :tinysmile_twink_t2:

[nemesis45]

Re: NOXYD - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD

Good morning,
Blackhorse and late terminated agreements is becoming a common event.
I'm not sure if this is deliberate or just down to corporate carelessness seen
in the whole group of companies.

I guess there view is bases on their own view of BMW Finance - v - Hart.

There is certainly a challenge that this " late " termination is unreasonable
in my opinion.

nem

[Noxyd]

Re: NOXYD - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD

Thanks guys for your responses, now what is the way forward? I have to submit my defence on or before 20 February. Should i just submit now or wait till nearer the time? what would be the advantages of waiting?
I am also thinking of doing an SAR to original lender Blackhorse, any thoughts?