Court Claim - Hillesden Securities / Black Horse - 1-2-2016

[Unregistered]

Received a claim? Yes
Issue Date: 1-2-2016
Amount approx: 2659.88
Claimant: Hillesden Securities
Solicitor: Mrtimer Clarke
Original Credit: Black Horse

Particulars of Claim:
By an agreement between Black Horse Ltd & the Defendant on or around 08/05/2008 ("the Agreement") BLACK HORSE LTD agreed to loan the Defendant monies. The Defendant did not pay the instalments as they fell due & the Agreement was terminated. The Agreement was as signed to the Claimant. THE CLAIMANT THEREFORE CLAIMS 2659.88

Stat Barred? Yes

Have sent:

Other Info:
I would really appreciate any help with this. My husband is the Defendant. He had a stroke last year and it has affected his memory badly.

He thinks he came to an agreement with Black Horse that if he handed the car back the loan would be written off. Not sure when exactly that would have been but the last payment was February 2010. Does that make it statute barred?

My husband took the loan out but a year or so later had no work due to health problems so could not keep up the payments.

I can't find any correspondence or the original agreement so just do not know what I should do now.

My husband knows he has received a Summons but seems intent on ignoring it. I don't want to cause him more stress and worry so will deal with it myself.

Is there any point in trying to defend this or should I just accept that it will have to be paid back?

[Amethyst]

Re: Court Claim - Hillesden Securities / Black Horse - 1-2-2016

Hiya, Welcome to the forum.

It sounds like your huby may have voluntarily terminated a hire purchase agreement ? Would you have any copies of documentation with Blackhorse around the house?
If your Hubbys last payment was in Feb 2010 it is unlikely to be statute barred I'm afraid. Do you recall when the car was handed back ?


Have a read of this post about your first steps, http://www.legalbeagles.info/forums/...it-Court-Claim, you should do the acknwoledgment, CPR and CCA requests to gather information about the claim. no need to roll over just yet In the CPR request you can ask for the Agreement and the notice of termination. You should also add into the letter that you believe that any debt is statute barred.

[lynsey198]

Re: Court Claim - Hillesden Securities / Black Horse - 1-2-2016

Hi, I have searched the house but cannot find any correspondence or original agreement at all. I think my husband may have thrown everything out last year - his stroke had a strange effect on him and he wanted to throw things away!

I know the last payment was Feb 2010 as I looked through all our old bank statements. Before that payments had been erratic for almost a year. No idea as to when the car was handed back but, thinking about it, I guess it would have been some time after the last payment was made.

I've done the acknowledgement of service online but was not sure if it is worth doing the CPR and CCA.

If it is not statute barred and it is looking as though it is not. will we just have to admit the debt and pay? We don't own our home and have little money coming in so would only be able to make small repayments

[nemesis45]

Re: Court Claim - Hillesden Securities / Black Horse - 1-2-2016

In addition to the advice from [MENTION=6]Amethyst[/MENTION] check your husbands credit reference files, you can check Noddle Free Online.
This will/should give you an idea of the dates involved.

nem

[lynsey198]

Re: Court Claim - Hillesden Securities / Black Horse - 1-2-2016

I've just looked on Noddle and can't find any info about the loan. Don't know if I am being stupid but I can see nothing any further back than 2014

[Joanna C]

Re: Court Claim - Hillesden Securities / Black Horse - 1-2-2016

You need to send a s.79 CCA request which if they can comply with it will provide you with disclosure of the hire purchase agreement. (and if they can't it goes you a strong defence point).

If your husband voluntarily handed the vehicle back to Blackhorse then his only liability is for half of the total agreement (including any deposit/ part exchange).

Have you received any statements / letters advising how much vehicle was sold for etc?

[nemesis45]

Re: Court Claim - Hillesden Securities / Black Horse - 1-2-2016

I've just looked on Noddle and can't find any info about the loan. Don't know if I am being stupid but I can see nothing any further back than 2014

That is an indication though not proof that the default was placed more than 6 years ago.
Have you requested a copy of the agreement yet.
If not send one to Hillesden with the £1 statutory fee, and use the template from the forum library.

nem