Hilesden securities court papers received ** Discontinued ***

[leopard lady]

The problem is my post goes to my daughters as I've worked away most of the time, and I don't always get it. She has assured me I have had no recorded delivery or signed for letters. Would they have sent them recorded?

[postggj]

We would request strict proof they were sent:-)

[john]

Would they need proof that I received them or just that they sent them? I'm worried now in case they sent them and she didn't give them to me, or they got binned or something. I'm really bad with correspondence but I think I'd have noticed if i'd opened a default letter.

[dx100uk]

they only need to prove the automated system generated them.

 

they dont have to hold the originals nor prove they were actually posted.

 

dx

[john]

So they can produce anything and say they have sent it, so the embarrassed defence Ive sent in is no good then?

[dx100uk]

sri, i might have confused you here

 

i'm talking about a default notice only

 

the court papers etc are another thing you must have gotten them, if not good reason to set aside.

 

dx

[john]

Sorry if I'm being dense but I'm really confused now. postggj said that my defense is I have no default or letter before action, and would request strict proof they were sent, but you say they only need to prove they generated the letter, not that they sent it? I do not understand, sorry.

[dx100uk]

i'll bow to post if this is correct

 

knows far more than me.

 

dx

[postggj]

a formal letter before action would be needed

 

all this info would be in the computer sccreen shots of the account

 

if its not there, then they would have some explaning to do

[john]

Would this have been sent recorded delivery? What would I do if they say they have sent it but I havent recieved it? if this is my only defense couldnt they put a screen shot of anything on my account? I am now worried that I will also have to pay their court costs.

 

From reading other posts on here I also think that this debt is probably statute barred. Can I ask for any proof from them that I have contacted them in the last 6 years? Also would this still put a default on my file?

Edited November 10, 2010 by john

[dx100uk]

oh SB'ed as well

looking better!

 

post bobbydog needs help for hearing tomorrow BTW

 

dx

[postggj]

hi johm

 

i know you are worried and confused but this has to be done in a tried and tested way

 

all this info can be requested later under the civil proceedure rules

 

remember on that embarrassed defence i did

 

it stated we ask the court to ammend our defence if and when hillesden reply

 

i realise it is hard but you are trying to run before you can walk

 

lets see what hillesdens reply is first to the embarrassed defence

[john]

Sorry, yes i did read that in the defence. So i assume that means if they do produce the default and lba, then the next step would be the original cc agreement?. I am sorry to be so vague about my correspondence, I have buried my head in the sand for a long time.

 

As you can see i have spent hours pouring over threads related to this. i think its a case of information overload!!!

[postggj]

Information overload

 

knowledge is power

 

you just have to play the game and be patient

[john]

I know I'm sorry, I just panic when I think I've done something wrong, especially regarding courts. I imagine myself needing a cake with a file in it!!! I will try to chill more.

[postggj]

Civil court is nothing like a criminal case

 

no wiggs or gowns

 

you sit round a table

[john]

Does every case get to that stage?

 

In post today acknowledgement of defence receipt.

Edited November 10, 2010 by john

[john]

How do I prove this debt is statute barred in court?

[postggj]

you dont

 

they have to proove its not statute barred

[john]

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.

 

Hi Postggj I was just reading through my thread and noticed the above paragraph, and have not "sent the claimant a CPR 31.16". Was this in the defence or should I have done this, and if so, what is it,please? Thanks.

[postggj]

31.16 is for production of certain documents

 

its only cpr 31.14 we use and thats been done:-)

[john]

Thats a relief.

[john]

Just been looking online to find out how long H S have to respond to my defence, and it says that when the court recieves my defence it sends both parties an allocation questionaire. Is this what will happen next please?

[postggj]

the court will send a document called an allocation questionaire to fill in

 

just sit tight till you get it

[john]

Thanks. I won't panic when it arrives now.