Its common for Black Horse to finance cars using a fixed sum loan, this can work to your advantage as they can't repo the car. However this is exactkly what happened to us when we tried to VT and realised what they had done, the crafty devils still managed to put a marker against the car which showed as having finance outstanding even though it wasnt an HP agreement. Is it definitley HP that you have?

I've known dealers ask for a finance agreement to be signed a few days before collection so they can ensure the money is in their account before the car is handed over (which IMO is a bit cheeky) but to ask you to start paying for something that doesnt exist is out of order. Be aware that the clock will have started for the warranty, service schedule and MOT from the date the car was registered. I would be asking Peugeot to freeze the finance agreement until the car is collected, then the first payment 30 days after this date, together with resetting the warranty etc. Whatever you do make sure you have everything in writing and dont stop any direct debits until you do.

Not quite but hopefully adequate - 1. The Defendant has not acknowledged the debt in writing in the last six years 2. The Defendant has not paid any part of this debt in the last six years. 3. Accordingly the Defendant seeks the Claimants claim to be dismissed by the court as the debt is statute barred under the Limitations Act 1980, section 5.

Name of the Claimant ? HILLESDEN SECURITIES LTTD Date of issue – . 14 Dec 2015 What is the claim for – 1.THE CLAIM IS FOR THE BALANCE OF INSTALMENTS DUE & UNPAID UNDER AN AGREEMENT DATED 24/09/2004 & UNDER WHICH BLACK HORSE LTD AGREED TO PROVIDE CREDIT IN RELATION TO THE PURCHASE OF GOODS PAYABLE BY INSTALMENTS (THE AGREEMENT) THE CLAIMANT THEREFORE CLAIMS 1. AMOUNT DUE AND UNPAID 600 What is the value of the claim? 700 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Loan When did you enter into the original agreement before or after 2007? BEFORE Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT PURCHASER Were you aware the account had been assigned – did you receive a Notice of Assignment? NO Did you receive a Default Notice from the original creditor? YES Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO Why did you cease payments? 2008 What was the date of your last payment? NOT SURE Was there a dispute with the original creditor that remains unresolved? YES Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? NO

So I should just do nothing and see if they discontinue?

Hi and thanks, the default has dropped off my credit file sometime in mid 2015 but I dont have the exact date.

Hi, I used to be quite active on here but after losing a court case to a creditor a few years ago I went away to lick my wounds, everything went quiet and I got on with my life. Now out of the blue I have received a claim from Mortimer Clarke solicitors for an old Black Horse account. I last paid or ackowledged anything in 2008 and received a default notice and demand for full payment in early 2009 so I am confident its statute barred. I have defended saying so and have received a letter from MC saying the account was terminated in 2011 - having read other threads I assume this is just an attempt to derail me. They have also offered a 50 % settlement and a tomlin order - How generous! Now I assume I should just do nothing and see if they respond - they have until this friday according to my maths when the 28 + 4 is up?

Still no progress with this, heard nothing from them or the court.

Ok, so have heard nothing whatsoever. Should I just do nothing or contact them suggesting they discontinue?

Hi, no I have heard nothing at all

Cheers:-)

My defence has gone in so do I need to do anything in response to them sending me a copy of the application form?

They definitely said discontinue on mine.

I have today received a copy of an application form for an M&S store card, no terms and conditions, just the front. They have offered to discontinue if I enter into a payment plan!

Have submitted my defence on line, will update as and when I have some news!

...

Hi everyone, is anyone able to confirm my defence is ok to go in as above without any further wording. Do I mention the cpr request they ignored. Need to get the defence in in the next few days.

Hi Andy, hope you don't mind me using your defence, I was pointed to it by a fellow cagger.. Just to clarify, that is the entire wording I need to put? Will they understand that the paragraphs referred to are in the POC? Do I need to mention that they have failed to respond to my CPR request? Cosalt

Ok, so this is the wording of the defence- DEFENCE 1. Paragraph 1 is nether admitted or denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement. Furthermore any claim for partial monies is averred Contrary to s35 of the county court Act 1984 s35 Division of causes of action. 2. Paragraph 2 is noted with regards to termination of the alleged contractual Agreement , the Defendant has no knowledge, therefore the Claimant is placed to strict proof there of. 3. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Can this be done on line? What Happens after this?

Hi, can you point me in the direction of Andy's defence? I too think defending at this stage is the best option. Am I defending on the basis that as they have no paperwork they have no valid claim?

The date of issue was 10th July so I reckon 10th August?

The POC referred to the agreement, assignment, termination and default notice. These are the documents I have asked for.

Thanks, well I am not sure when the defence needs to be filed, I did an acknowledgement of service which I believe is 28 days?

Ok, the letter was signed for on the 18th so to me they have until today to respond?

Many thanks, its off by first class recorded delivery now!