Please help, MCOL claim form for old Black Horse debt

[cosalt]

Hi,

I'm a long time lurker on here but have managed to sort out most of my problems without any direct help.

However just before christmas I received a Hillesdon Securities Ltd MCOL claim form. I've tried to deal with it on my own but am now in need of help.

The claim relates to a Black Horse account that has not been paid nor acknowledged since 2008.
I defended on the basis that the debt is statute barred

I heard nothing until on Saturday a letter arrived from Mortimer Clarke solicitors stating that the account was terminated on 27/01/2011 and therefore is not satute barred.

I have copies of two original Black Horse default notices one dated 30/12/2008 and one dated 04/04/2009 (they dont know this) and on 02/07/2009 I made a request for a copy of the CCA to Black Horse, this was not responded to. That was the last contact I made with them.

My defence was recieved by MCOL on 11th January 2016 so I dont know when Hillesdon Securities need to respond by.

They are offering me a 50% settlement and a Tomlin agreement so the must know they are in the wrong.

Any ideas what to do now, I dont want to mess up at this point!

Thanks in advance.

[Smasher]

Re: Please help, MCOL claim form for old Black Horse debt

I heard nothing until on Saturday a letter arrived from Mortimer Clarke solicitors stating that the account was terminated on 27/01/2011 and therefore is not satute barred.

Did they send any correspondence to you about that?

[cosalt]

Re: Please help, MCOL claim form for old Black Horse debt

Hi and thanks for the swift response!

There was nothing sent with the letter and I am not aware of anything actually being sent in 2011.

[Smasher]

Re: Please help, MCOL claim form for old Black Horse debt

In that case, they may aswell have told you that Martians had visited them in 2011. So what?

They have to prove that you last acknowledged the debt (in writing) within the last 6 years, or that you were actively avoiding the debt within the last 6 years.

[cosalt]

Re: Please help, MCOL claim form for old Black Horse debt

Thank you, so my defence was short and sweet - that I had not paid or acknowledged any debt within the last six years and it is therefore statute barred.

Should I now respond to their letter asking them to provide proof? Should I disclose the default notice as I would assume this is a total defence?

[cosalt]

Re: Please help, MCOL claim form for old Black Horse debt

I'm wondering if the best course of action would be to send them a copy of the default notice?

[cosalt]

Re: Please help, MCOL claim form for old Black Horse debt

Just remembered that the default for this account was showing on my credit report until early last year when it reached the six year mark and it was removed.

[nemesis45]

Re: Please help, MCOL claim form for old Black Horse debt

I'm wondering if the best course of action would be to send them a copy of the default notice?

Hi Lets get things straight before going further.

The date on a Default Notice has no relationship to the date a default is recorded which generally within 6 months of the date
on the DN.

The Default Notice is no use in defence!

Have you had acknowledgment of your defence from the court saying it has been served upon the claimant?

Hillesden has 28 days to respond to you defence which has in my opinion been submitted far to early and on
a faulty basis.

I don't know if this is capable of resolution now.

Check your credit files Noddle is free online check the default date there.

You might like to take a look at the Appeal court judgement in BMW Finance - v - Hart which lays
down what their Lordships decided starts the six year clock in reference HP agreements, it's available
online.

nem

Many of these BH accounts have been defaulted unreasonably late some up two years late.

[cosalt]

Re: Please help, MCOL claim form for old Black Horse debt

Hi Lets get things straight before going further.

The date on a Default Notice has no relationship to the date a default is recorded which generally within 6 months of the date
on the DN.

The Default Notice is no use in defence!

Have you had acknowledgment of your defence from the court saying it has been served upon the claimant?

Hillesden has 28 days to respond to you defence which has in my opinion been submitted far to early and on
a faulty basis.

I don't know if this is capable of resolution now.

Check your credit files Noddle is free online check the default date there.

You might like to take a look at the Appeal court judgement in BMW Finance - v - Hart which lays
down what their Lordships decided starts the six year clock in reference HP agreements, it's available
online.

nem

Many of these BH accounts have been defaulted unreasonably late some up two years late.

Hi and thank you.

The default is definitely over six years old as it has now dropped of my credit file. I dont now how to retrieve the exact date as it no longer shows even under closed accounts?

- - - Updated - - -

Sorry and yes I have a letter dated 11th January saying they have served the defence.

[nemesis45]

Re: Please help, MCOL claim form for old Black Horse debt

Hi and thank you.

The default is definitely over six years old as it has now dropped of my credit file. I dont now how to retrieve the exact date as it no longer shows even under closed accounts?

- - - Updated - - -

Sorry and yes I have a letter dated 11th January saying they have served the defence.

Claimants are now using the date the accounts were terminated as per the case law in BMW - v - Hart.
These BH accounts have been grossly mismanaged I guess it wait and see what the response is to the
defence. The Claimant has 28 days to respond from the date ir received the defence, if no response in made
in time the court will stay ( suspend) the claim you will not be informed when this happens so watch the days
as you will need to check with court on the status of the claim.
I just hope you've been lucky on the SB defence.

nem

- - - Updated - - -

Hi and thank you.

The default is definitely over six years old as it has now dropped of my credit file. I dont now how to retrieve the exact date as it no longer shows even under closed accounts?

- - - Updated - - -

Sorry and yes I have a letter dated 11th January saying they have served the defence.

Claimants are now using the date the accounts were terminated as per the case law in BMW - v - Hart.
These BH accounts have been grossly mismanaged I guess it wait and see what the response is to the
defence. The Claimant has 28 days to respond from the date ir received the defence, if no response in made
in time the court will stay ( suspend) the claim you will not be informed when this happens so watch the days
as you will need to check with court on the status of the claim.
I just hope you've been lucky on the SB defence.

nem

[cosalt]

Re: Please help, MCOL claim form for old Black Horse debt

Thank you again.

So they have 28 days plus 4 to respond to the court? So that would make it 12th February, is that correct?

They have given me 14 days to respond to their offer of a 50% settlement? But this would take it past the date for them to respond?

If I were to pay the settlement offer, in full, would they have to discontinue proceeedings?

Surely if they wanted to rely on a termination date they would have to prove it was within the last six years? If the default date was registered over six years ago how could they do that?

[cosalt]

Re: Please help, MCOL claim form for old Black Horse debt

Presumably I have a right to ask them to provide proof that the account was terminated in 2011?

[cosalt]

Re: Please help, MCOL claim form for old Black Horse debt

[MENTION=55034]nemesis45[/MENTION]

Thanks for your help so far, I know 100% that a default was recorded on my credit file in 2009 for this account. Is this date classed as termination?

The problem I have now is finding proof as the default has dropped off my file.

I can't see any way of retrieving old reports on noddle although I was paying experian at the time so wonder if they show old reports if I reactivate ny account.

I appreciate I've messed up with this but need to move forward with this.

[cosalt]

Re: Please help, MCOL claim form for old Black Horse debt

Ok, I have found a letter dated 6th May 2009 from black horse stating that they have served me a default notice and that I have failed to pay the arrears, they now demand payment of the full balance of the agreement within 7 days. I also have a letter from nationwide collection services demanding full payment dated 19th may 2009.

is this enough proof that the account was terminated over 6 years ago?