hillies/Alpins sols/DLC/ Court claim old BlackHorse Loan poss Fraud?

[obiter dictum]

The claim is dated 21/05 2014. That means i believe i have until close of business (1600rs) on the 9th June to acknowledge. That is 14 days plus 5 for sevice of the claim.

 

This claim is no contest as it has nothing to do with me this debt. i would like to earn some costs out of this so what are peoples recommendations?

 

it is my intention of acknowledging the claim by 4pm on the 9th june, then send the solicitors this CPR 31.14 Request. That will then give them only 14 days to comply before i have to submit my defence. What i am trying to achieve is to get them to run around like headless chickens and get them to expend as much as possible in monetary value in trying to collate all the requested Data

 

Opinions please as this does not worry me one bit and be a source of reference for future vexatious claims

[obiter dictum]

CPR 31.14 sent and received yesterday by the solicitors Aplins.

 

I have since discovered all that Aplins will do is forward my request onto DLC.

 

I can see that there will be no way that DLC,

 

or even Aplins will respond with the required documents before i have to submit my defence.

 

Clocks ticking

[obiter dictum]

I have no worries on this as i have never taken out this loan

 

but, what are Hillisden securities,

 

AKA DLC like when they go legal.

 

Reading through the threads some debt agencies tend to go to the wire then withdraw

as it seems who blinks first.

 

What are this lot like,

 

do they normally go all the way as i am looking at screewing as much as i can out of them in costs

[obiter dictum]

As expected, received a letter from the solicitors as to my CPR 31.14 request today stating the will agree to a 28 day extension.

 

They have started this claim without having the required documentation. Phoned the solicitors who keep saying i need to contact Hillisden securities, yet the address for all communication on the N1 court form is the solicitors.

 

Do i have to agree to the 28 day extension they have asked for, why should i give them more time to build a case against me when they did not have the documentation to begin with?

 

 

 

We acknowledge receipt of your request for disclosure filed in accordance with Part 31 of the Civil Procedure Rules.

 

Our Client is still awaiting documentation from the original lender. As soon as we are able to

provide you with a full response, we will do so.

 

Should you require an extension of time to file your Defence, we will consent to an extension

of 28 days.

 

Yours faithfully

[AndyOrch]

No you do not and never should...submit your defence on time.

[obiter dictum]

Sorry Andy, a bit of a fish out of water

 

you saying i should never agree the extension and just submit my defence as normal within the 33 days.

[AndyOrch]

Yes as you have stated :-

 

" Why should i give them more time to build a case against me when they did not have the documentation to begin with "

 

Ive have advocated that approach for years..

[obiter dictum]

Much appreciated your clarification on the matter, i will now start working on the defence for your deliberation

[AndyOrch]

Go get them

[obiter dictum]

Just a quick one

 

It was mentioned that the creditor does not have to provide a Default Notice, only that the screen shots show one was sent out.

 

How can that be??

 

How can you be sure the Default notice complied with the Consumer Credit act. I take it the notice must be done in a particular format that complies with the act. A default notice after all is a prelude to litigation

[dx100uk]

eh..don't tell him...

 

I nicked this from andy sometime ago...

 

Default notices, litigation and section 127(3) of the Consumer Credit Act July 2010

.

For a creditor to enforce a credit agreement against the debtor,

he must serve the latter with a default notice,

this notice must be served in accordance with section 88 of the Consumer Credit Act 1974 (CCA).

.

Generally, the prescribed form of a default notice according section 88 is as follows:

.

"The default notice must be in the prescribed form and specify

.

(a) the nature of the alleged breach;

(b) if the breach is capable of remedy, what action is required to remedy it

and the date before which that action is to be taken;

© if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach,

and the date before which it is to be paid."

.

Section 127(3) of the Consumer Credit Act 1974

.

Should the debtor be sued for the outstanding amount,

it may be open to the debtor to raise an argument that the agreement is unenforceable

because it does not comply with the requirements of the Consumer Credit (Agreements) Regulations.

.

Agreements executed before 6 April 2007 are subject to sections 127 (3) & (4) of the Consumer Credit Act 1974 ('CCA').

Agreements entered into after that date are not by operation of the repeal under the Consumer Credit Act 2006.

.

The effect of sections 127 (3) & (4) truly displays the paternalistic nature of the CCA, in that where a breach of a prescribed term under regulation 6 and schedule 6 to the Consumer Credit (Agreements) Regulations 1983 is found, the agreement as a whole will be irredeemably unenforceable.

.

In other words, the lender cannot enforce the agreement or realise any surety under that agreement; the debt in effect is written off.

Regards

Andy

[obiter dictum]

But that does not answer my question

 

How can a creditor get away with not producing the default notice when requeted in a defence bundle

by simply saying they refer to computer screen shots saying one was sent out.

 

Where is that stated under the exchange of evidence during a claim that the creditor is exempt from producing such a notice

 

The validity of a default notice will be crucial in defending a claim

 

Sorry for the 20 questions but i am defending a claim myself and i have information overload at the moment

[dx100uk]

posts moved from elsewhere.

 

dx

[dx100uk]

if the claimant mentions the DN is their claim

 

it must be produced.

 

dx

[Ganymede]

Just a quick one

 

It was mentioned that the creditor does not have to provide a Default Notice, only that the screen shots show one was sent out.

 

How can that be??

 

How can you be sure the Default notice complied with the Consumer Credit act. I take it the notice must be done in a particular format that complies with the act. A default notice after all is a prelude to litigation

 

Balance of probability it all they need to show one was sent.

[obiter dictum]

Can at least a thread be linked where this has taken place, sorry but i need to see things in black and white and need this confirmed. So far it is word of mouth an opinion. Sorry if i sound obnoxious but i am in the midle of a claim myself and i for one do not wish egg on my face by the judge

 

i realise that this is a Civil (County Court) and the qualifying criteria as to the rules of evidence are much lower than a criminal trial, but we are talking of a document that sets the whole litigation process into movement. That simply cannot be dismissed with such a flipppant attitude as a "Balance of probabilities" in that a default notice was issued as to its production in exchanging documents prior to trial.

[AndyOrch]

Capquest take a look in the Legal Success forums of threads were default Notices have played a part in quashing the claim.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

Its very much down to the DJ presiding on your claim and to an extent how best you present your argument and defence.They would have to disclose DSAR data to show it was triggered...evidence their service.....and possibly disclose a reconstituted version of what it would have contained.

 

However the hard copy is the only piece of evidence that actually states the breach in detail .....the fact is that you could only challenge the amount requested (defaulted amounts or total claimed) ...the time allowed to rectify (was it fourteen days with service) and did it prescribe to the CCA1974 content layout and prescribed terms.

 

Lets say that all the above are valid...any DJ would state well why did you not pay it?

 

You would state I never received it... DJ states...it would have been referred to in a pre Notice of intended default.

It would have shown on your statements...default charge.

 

So back to the DJ ...so why did you not question it at the time? Why are you challenging it now?

 

Be very carefully of relying on Default Notices as the main thrust of a defence ...they can come back and bite you in the a***.

 

Regards

 

Andy

[obiter dictum]

Impressive objective response

 

Thank You

[obiter dictum]

 

Just asking for confirmation, does the solicitor have to give a physical date as to the extension of filing my defence, is stating just 28 days applicable

[AndyOrch]

Yes its normal......the maximum time is 56 days with agreement.

[obiter dictum]

Going through the threads, if i put in my defence on lack of disclosure etc, the claimant does not respond after the DQ etc, the case will probably end up being stayed with the chance it can phoenix at any time

 

Now if i allow the 28 day extra extension, what if near the end of the 28 days i put in an application to strike out their claim for non compliance through an unless order. The judge will see it as me being reasonable in allowing the extra 28 days extension and will probably allow the strike out application.

 

Catch 22, Advice needed please

[Ganymede]

If you agree to an extension you can't make an application "near the end" you need to wait until the time has expired.

[AndyOrch]

Going through the threads, if i put in my defence on lack of disclosure etc, the claimant does not respond after the DQ etc, the case will probably end up being stayed with the chance it can phoenix at any time

 

Now if i allow the 28 day extra extension, what if near the end of the 28 days i put in an application to strike out their claim for non compliance through an unless order. The judge will see it as me being reasonable in allowing the extra 28 days extension and will probably allow the strike out application.

 

Catch 22, Advice needed please

 

[obiter dictum]

It has been mentioned when submitting a defence not to us the term "Unable to admit or Deny" as judges see that statement as Debt avoidance

 

Going through the Civil Procedure Rules, CPR 16.5(1) As to submitting and contents of a Defence:

 

16.5(1)(b) which allegations he is unable to admit or deny, but which he requires the claimant to prove;

 

So if admit or Deny is i the CPR as to a defence, how can it be seen as debt avoidance to use the quote "Admit or Deny" as it has already been quoted in the CPR

[obiter dictum]

 

 

 

Received a copy notice of assignment this morning as to my CPR 31.14 Rrequest, it is just a template, no name, address, how it was served, recorded or registered delivery, nothing.

What now please??