Hilesden securities court papers received ** Discontinued ***

[john]

I've received court papers dated 27 October (Northampton) from Hillesden Securities. Ive never contacted or spoken to them, and am now really worried as I don't know what to do next.

The particulars of claim say

'The claimant's claim against the defendant is for the amount due and unpaid as at todays date under a regulated running monthly credit account'

I apparantly have 28 days to enter a defense and have no idea what to do.I have read through some threads on here with the same particulars but am not very good with the legal jargon, more brawn than brain I am afraid. Do I need to send in some sort of defence or ask them what this is for as the particulars of claim do not give me any idea what this is for? I am losing sleep over this with worry. If anyone can help me what to do next I would be very grateful.

[dx100uk]

first you need to ack the claim

you should be able to this online via the mcol site and the number you have

that gives you further time to construct your defence.

 

you have no idea whatthis is about?

 

pers i'd phone the court and ask for the details

 

dx

[john]

I had a shop in 2000 and when I sold it the buyer did not pay me fully for the stock. My solicitor at that time told me it would cost me more for the legal fees than I would get, so I did not chase it. Because of this there were business related debts that I did not pay. I am assuming it is related to this, but the court papers just state Hillesden Securities and the particulars of claim as in my previous post. Having spent all night reading related posts on here, it over £5000, does that make a difference?

[john]

bump

[postggj]

give me 5 minutes

[postggj]

running monthly credit accounts are normally credit/store cards

 

back in 5

[postggj]

Time limits are critical in any claim and 95% of all claims are successful on the misunderstanding of how the process works.Claims once submitted and if defended are allocated into tracks dependent on the value of the claim.SCT Small claims FT Fast Track and MT Multi track.I would envisage that yours would fall into the fast track (loverr 5k).

bad on costs and good on disclosure and very much steered by the DJ dealing with the claim.

Also restricted to the use of the CPR so try not to complicate this matter.

If the Claimant wishes or as to change the P.o.C there is a process which will impact on your time to A.o.S.They have to request the permission of the Court and also inform you the defendent of this change.All this takes time and essentially it is not your concern or your problem.Its their claim!!!

Speaking to Court staff may feel satisfying they say this that and the other and dish out advise which really you should take with a pinch of salt.

I will just outline again the process you have 33 days to act on any claim 5 days deemed served that leaves you with 28 days.Fourteen to AoS (acknowledge service) and a further 14 to submit ones defence.

I will reiterate the only way to stop a CCJ by default is to AoS on time and Defend in full anything else ie partial or dithering will give rise to the Claimant attaining said CCJ after that it will get very messy appealing fighting saying you was told this that and the other by Court staff.

Acknowledge ASAP send the Claimant a CPR 31.16 in the absence of no detailed P.O.C(you can send a CPR 31.14 if and after they amend the P.o.C) request pertaining to the Claim and Defend all.

Once you have done the above sit back relax and let the Claimant sort out what exactly they are claiming,you will be on safe ground and able to prepare your defence.

 

Regards

Edited November 6, 2010 by postggj

[postggj]

ill be back in 2 hours so relax and have a beer:-)

[john]

Thank you so much for the replies, it has made me feel so much easier that I have help from someone who knows what they are talking about. So am I correct that the first thing I must do is to acknowledge the claim. I assume this is not admitting to the claim? The claim is for over £5000 so is that a problem?

[postggj]

i take it this claim is through northampton

 

if so you can acknowledge on line

 

do that now

 

give me five min and ill have an embarrassed defence for you

[postggj]

you are defending in full and do not addmit the claim

[postggj]

In the XXXXXXXXXX COUNTY COURT

Claim number XXXXXXXX

Between

Hillesden securities =CLAIMANT

 

and

 

johm – Defendant

DEFENCE

1. I xxxxxxxxx of xxxxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by Hillesden securities

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. The claimants Particulars of Claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the civil procedure rules.

 

4. No documents supporting the claim in the particulars have been offered nor have any dates of agreement been stated which the defendant needs to establish what agreement it is that this action is based upon and so the claimant's claim appears without merit.

 

5. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I am at a disadvantage to respond to this claim and to allow me to properly respond to the claim.

6. It is denied that I have entered into an agreement with the Claimant

Hillesden securities.

7. If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.

 

8. It is averred that if any agreement did exist that the aforesaid agreement would be a regulated agreement within the terms of the Consumer Credit Act 1974 ("the Act"). It is not admitted that any alleged Agreement is enforceable within the terms of the Act. As I do not have a copy of the said agreement the Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its’ inception.

 

9. It is denied that I am in breach of the alleged agreement in that I allegedly failed to make payments to the claimant.

 

10. It is averred that if the alleged agreement is subject to the Act, before proceedings may be commenced the Claimant must have served myself with a valid Default Notice complying with the provisions of Sections 87 and 88 of the Act and the Regulations made subsequent to that Act. It is not admitted that any valid Default Notice was ever served upon me and the Claimant is put to strict proof.

 

11. It is denied that I have failed to respond to demands for payment sent by the claimant and/or its agents. The Claimant is put to strict proof that any such demands have sent to me by the claimant.

12 Further and in the alternative if, which is not admitted, an enforceable agreement is in existence, it is not admitted that any or all of the monies claimed are lawfully owing. The Claimant is put to strict proof as to how the sum claimed has been calculated and as to how the sum claimed is lawfully owing.

 

13 Further, it is denied that any alleged contractual account charges and any interest applied thereon which make up any part of the sum claimed are lawfully owing in that it is averred that these sums would have been claimed pursuant to an unfair contract term and in addition are in breach of the general law.

 

14 It is averred that any account charges that are claimed are in breach of the common law in that they are a penalty and that they do not reflect any actual loss or the true extent of any costs incurred by the Claimant and are therefore void.

 

15 Further and in any event it is averred that any clause of the alleged agreement under which the account charges are claimed is an Unfair Term contrary to The Unfair Terms in Consumer Contracts Regulations 1999 and, by virtue of Regulation 8(2), "shall not be binding on the consumer". Any such contractual terms are therefore void

 

 

16 Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all.

AND the Defendant

 

Seeks an order that the Claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot succeed.

Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the civil procedure Rules.

The Defendant respectfully asks the permission of the court to amend this defence if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents.

 

Statement of Truth

I believe that the facts stated in this defence are true.

 

Signed

 

xxxxxxx

Defendant

[john]

thanks, do i acknowledge online first then do an embarrassed defense? after?

[postggj]

after you have acknowledged the claim on line

 

SEND THE EMBARRASSED DEFENCE ABOVE

 

JUST FILL IN THE BLANKS

[john]

excuse me for all the questions, do i send the defense online or on the papers the court has sent me by post? should i keep a copy for my records? Do I need to send a copy to the solicitors address on the court papers? sorry and thanks again.

[postggj]

sorry

ime getting ahead of myself

1/ acknowledge on line

2/ after you have acknowledged send the embarrassed defence on line

3/ thats it

 

the court will send hillesden a copy of the deffence

you now just sit back and relax:-)

 

please confirm this claim is from northampton and they have included a password on the blue n1 claim form

[john]

The form is grey, not blue, but the last page is blue. There is a password on the form. Will I need to pay to acknowledge/defence as it is for over £5000? thanks.

[postggj]

why would you pay

your defending

hillesden have brought the claim, not you

 

you will get the hang of it as i know it seems daunting at the moment

 

ive sent a message to the site team to advise you for the rest of the evening

 

just imput that password on the link given and acknowledge service, then cut and paste the defence

 

we have 14 days to acknowledge

 

any problems ill be on tomorow afternoon if stuck

 

afraid ive got some baby sitting to do

[john]

Thanks. Will get on with following your instructions and will let you know tomorrow. Good luck with the babysitting. I have my 2 year old twin granddaughters here at the mo and its bedlam!!!!

[john]

On step 3 of the acknowledgement do I need to tick the 'contest juristiction' box, please?

[postggj]

no

[john]

Acknowledgement done. Will do defense later today. Thanks.

[postggj]

keep me updated as ive done quite a few dlc aka hilleden claims as late

 

all with lousy poc

 

me thinks they are trying to secure these debts by default

 

shame we have now disapointed them

 

just wait now and get back once the court or hillesden respond

[john]

Defence now done. Thanks for the help. advice and support. is there a timescale for their reply or just a waiting game?

[postggj]

now the defence is done its over to the other side

 

if they dont supply the docs then they are screewed

 

you have stated you have had no notice or letter before action on this debt so ime going to cry foul and get it struck out through

 

NO PRE ACTION PROTOCOL