Hillesden/mortimer - claimform - blackhorse loan 'debt'

[Ladylovessalsa]

Ok will dig around again.. that's probably an estimate knowing me but it's not far wrong.. didn't get much..

[Ladylovessalsa]

Hi Dx,

 

 

Ah I remember now see attached.

Acceptance of PPI Unsecured Feb 13.pdf

[dx100uk]

so they totally ignored the fact it was a chain of refinance

did you tell them ever?

 

 

dx

[Ladylovessalsa]

No, I assumed they already new since they gave the lion's share of the ppi claim to Hillesden.. didn't think to ask..

[Ladylovessalsa]

Any thoughts on my defence.. starting to get a bit uneasy now..?

[dx100uk]

defence is not due till 4pm Friday

i'm sure andy will look in at some point.

 

 

dx

[dx100uk]

ok back on the PPI front for a mo.

 

you said a few months back you sent an sar to BH

have got that back yet?

 

I can see part of the problem is yours

[sorry I dont pull punches]

 

you continually kept starting new thread everytime you had an issue with this debt

then we'd merge

then you'd start another new thread on the same debt again at the next letter...

 

rather screwed up the PPI reclaiming process

 

what you NEED are the statements and the agreements for the 2 other loans in the chain that this one refinanced.

..that's where the 50% discount is coming from

rolled over PPI, more int on old PPI without a rebate at each refinancing loan.

and of course penalty charges on each loan again rolled into the new loan with extra interest being added to them..

 

dx

[Ladylovessalsa]

I have the agreement but the statements got destroyed.. I will do it again.

[dx100uk]

not the agreement for this loan but the two previous ones and their statements

[Ladylovessalsa]

I will do it again.. I remember refinancing the secured loans several times but I don't remember doing that for the unsecured on which is this one with Hillesden and Mortimer Clarke. I will do it again today.

[dx100uk]

then its of no relevance, I thought from reading the thread it was this loan that was part of a chain.

 

leave it be for now then we can look at it afferwards

 

dx

[Ladylovessalsa]

Hi there.. Will I get a response soon about my defence.. Have I annoyed someone?

[dx100uk]

not due till Friday 4pm as I've said

 

no rush.

calm down

 

post 197 is the last defence try for ref of readers.

 

dx

[AndyOrch]

Will take a look at your proposed defence tomorrow Ladylovessalsa.

 

Regards

 

Andy

[AndyOrch]

This claim is for a loan ?...you have used current account/overdraft defences as your proposed defences

[Ladylovessalsa]

It is based on an overdraft defence I used last year. This is a black horse unsecured loan.

 

Did try to amend it..

 

I did look at the defences in 197 but they are based on the loan being statue barred which unfortunately this loan isn't.

[AndyOrch]

I did look at the defences in 197 but they are based on the loan being statue barred which unfortunately this loan isn't.

 

Defence in post #197 is also a current account overdraft defence

[Ladylovessalsa]

Defence in post #197 is also a current account overdraft defence

 

 

 

I thought you were referring to post 194 where someone in a similar situation was using statute barred as a defence.... sorry. As it is a Black Horse loan and not a current account overdraft defence, where do I go from here?

[AndyOrch]

Here is a successful loan defence....post #26......see if you can adapt it to suit your particulars...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?441250-Hoist-Cohen-Claimform-old-Cahoot-loan-from-2001***Claim-Discontinued***/

[Ladylovessalsa]

Thank you so much Andy. How is this:

 

Question: Which date from which letter do I put on where it says "On 20 December 2015 (this is the date I sent the letter to Mortimer Clarke is that right?) I made a legal request by way of a section 78 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim."

 

Also, DLC have sent all the documentation should I take that bit out?

 

Particulars of the Claim

By an agreement between BLACK HORSE LTD & the Defendant on or around 13/03/2008 (‘the Agreement’) BLACK HORSE LTD agreed to loan the Defendant monies.

 

1. The Defendant did not pay the instalments as they fell due & the Agreement was terminated.
   
2. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 6355.11”`
   

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 & 2 are denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of a Section 78 request.

 

3. Paragraph 3 is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received. Regarding paragraph 2, as 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. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant.

 

4. On 20 December 2015 I made a legal request by way of a section 78 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim.

 

5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears.

 

Therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; 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

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed

[AndyOrch]

"Question: Which date from which letter do I put on where it says "On 20 December 2015 (this is the date I sent the letter to Mortimer Clarke is that right?) I made a legal request by way of a section 78 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim."

 

 

Also, DLC have sent all the documentation should I take that bit out? "

 

Then yes remove it as it not applicable...as is most of the defence if they have disclosed everything they rely on.So what else does your defence rely on?

[Ladylovessalsa]

Ok I am really worried now.. I have no idea what I can and can't rely on..... So I have no defence and the deadline is tomorrow... this is exactly the position I didn't want to be in.

[AndyOrch]

If you are around tomorrow....Im sure we can get something drafted tomorrow to meet the deadline 4.00pm....even if just a holding defence.

 

Regards

 

Andy

[Ladylovessalsa]

Thanks Andy.... I hope we can get something crafted before then. I'm not very good with doing things last minute - things tend to go wrong. In my situation what are the possible defences I could rely on?

 

It's not statute barred, they have sent the paper work. I can't say I remember being notified of Black Horse selling it on but I'm sure they did, so not sure where to go. Please can you suggest something we may be able to work with..

 

Thank you

 

LLS

[Ladylovessalsa]

ok well.. It's 4 hours before the deadline.. I have no defence... had enough of sitting here worrying, I'm going to call them and take up there offer of 50% off..