NOXYD - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD

[charitynjw]

Re: NOXYD - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD

Until they respond to your CCA s78 request, they cannot take the action any further.

The usual way forward with this is do not chase it; the ball is in their court (excuse pun, lol) to comply with your lawful request.

As for the CPR 31 request, no harm in reminding them (MC) that you are still waiting for their disclosure of documents requested in your letter of xx/xx/xxxx, in order to submit your defense to the court.

Most important is the court timetable - work on your (anticipated) defense of 'Claimant has not provided asked-for documentation' -plenty of examples of this on the forum.

20th Feb gives you lots of breathing space - post up your draft on here, & we'll have a peruse.

Also let us know of any other missives from them.

[Noxyd]

Re: NOXYD - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD

Until they respond to your CCA s78 request, they cannot take the action any further.

The usual way forward with this is do not chase it; the ball is in their court (excuse pun, lol) to comply with your lawful request.

As for the CPR 31 request, no harm in reminding them (MC) that you are still waiting for their disclosure of documents requested in your letter of xx/xx/xxxx, in order to submit your defense to the court.

Most important is the court timetable - work on your (anticipated) defense of 'Claimant has not provided asked-for documentation' -plenty of examples of this on the forum.

20th Feb gives you lots of breathing space - post up your draft on here, & we'll have a peruse.

Also let us know of any other missives from them.

Wow thank you Charity, I will work on the defence and post it here. What do you think about doing an SAR to Blackhorse, i am a bit worried because Mortimer has said the agreement was terminated on 15/12/2010 and that could jeopardize my case.

[charitynjw]

Re: NOXYD - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD

Wow thank you Charity, I will work on the defence and post it here. What do you think about doing an SAR to Blackhorse, i am a bit worried because Mortimer has said the agreement was terminated on 15/12/2010 and that could jeopardize my case.

It'll cost you a tenner, but could be money well spent, as you can compare with what H/MC come up with (if they ever get around to sending stuff to you).

Better still, if BH say that the docs no longer exist, it'll be interesting to see what ballhooks (Amethysts fave word, lol) H/MC come up with.............

[Noxyd]

Re: NOXYD - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD

Hi [MENTION=5553]charitynjw[/MENTION] [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION]

Its now time to submit my defence, please could you kindly have a look Below and amend if needed. Point 12 is about SB defence. Thank you guys.

IN THE NORTHAMPTON COUNTY COURT (CCBC)
CLAIM NO:

BETWEEN:HILLESDEN SECURITIES LIMITED
TRADING AS DLC
CLAIMANT-And-

DEFENDANT

---

DEFENCE

---

1. I received the claim xxxxxxx from Northampton county court business centre on xx/12/2015.

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 xx/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 xx/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. The defendant avers that the alleged debt which is the subject of this claim was statute barred under the provisions of the Limitation Act 1980 when this claim was issued no payment or acknowledgment having been made in more than 6 years.

13. 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.

14. 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.

15. 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.

[charitynjw]

Re: NOXYD - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD

Hi @charitynjw @nemesis45 @Amethyst

Its now time to submit my defence, please could you kindly have a look Below and amend if needed. Point 12 is about SB defence. Thank you guys.

IN THE NORTHAMPTON COUNTY COURT (CCBC)
CLAIM NO:

BETWEEN:HILLESDEN SECURITIES LIMITED
TRADING AS DLC
CLAIMANT-And-

DEFENDANT

---

DEFENCE

---

1. I received the claim xxxxxxx from Northampton county court business centre on xx/12/2015.

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 xx/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 xx/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. The defendant avers that the alleged debt which is the subject of this claim was statute barred under the provisions of the Limitation Act 1980 when this claim was issued no payment or acknowledgment having been made in more than 6 years.

The Defendant received a letter from the Claimant, dated xx/xx/xxxx, in which the Claimant states that the cause of action accrued when the agreement was terminated (allegedly 15/12/2010).

The Defendant believes this statement is incorrect. The cause of action accrues when the creditor becomes aware, or should become aware, that payments have been missed.

Following that situation, a Default Notice can be issued. The account, if not regularised, can then be terminated not sooner than 14 days after the Default Notice, but at any time after the 14 days at the whim of the Claimant.

13. 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.

14. 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.

15. 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.

If it were me, I'd spell it out for the Judge.

[nemesis45]

Re: NOXYD - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD

Ready to go!! Noxyd,

Just remove italics and bold text.

nem

[Noxyd]

Re: NOXYD - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD

Thank you so much Charity and Nem. I amended as per your advise and I have now submitted my defence on MCOL website and got confirmation. It says do not post a copy of your defence if you submit online. Should i just post anyway or is it better not to since i have confirmation?

[nemesis45]

Re: NOXYD - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD

Thank you so much Charity and Nem. I amended as per your advise and I have now submitted my defence on MCOL website and got confirmation. It says do not post a copy of your defence if you submit online. Should i just post anyway or is it better not to since i have confirmation?

No need to post just keep a hard copy of the confirmation on your file.

nem

[Noxyd]

Re: NOXYD - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD

Hi @charitynjw @nemesis45 and Co.
So below is the letter i have received from Mortimer Clark after i filed my defence. This is the second time they have mentioned the matter has been been put on hold. I assume they do not have the documents at support their case at the moment.

[charitynjw]

Re: NOXYD - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD

Imho, it is toilet paper (but keep it in your file, don't use it to..............well, you know, lol!)

The most important thing is to keep a careful eye on the court timetable & instructions (if any).

[Noxyd]

Re: NOXYD - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD

[Noxyd]

Re: NOXYD - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD

Hi @charitynjw @nemesis45and Co.

Quick update, i have received a letter from Hillesden (attached) regarding CCA request which i made on 30 December 2015, and they where meant to respond within 12 working days. They still have not supplied any documents. Also its now more than 28 days since i submitted my defence to court. Mortimer said matter is on hold for now as above letter says.

[nemesis45]

Re: NOXYD - HILLESDEN SECURITIES LIMITED / BLACK HORSE LTD

Hillesden's "On Hold " means B all, unless a formally agreed extension has been notified to the court the process will continue as Charity says keep an eye on court time table.

nem