Hillesden/dlc/mortimer clarke/ Black horse ccj claim

[Wato]

hi all,

 

A Family member has just received a ccj claim form,

 

 

I have filled the form out as best i could,

we are almost 100% sure it is statue barred

and believe they are just chancing it,

 

Hillesden securities Limited t/a dlc

Date of issue – 14 DEC 2015

What is the claim for

– The claim is for the balance of installments due & unpaid under an agreement dated 12/07/2005

& under which Black Horse LTD agreed to sell the defendant goods for a price payable by installment('the agreement').

The agreement was assigned to the claimant.

PARTICULARS 1.

Amount due & unpaid £1000 THE CLAIMANT THEREFORE CLAIMS

1. Amount due & unpaid £1000

 

What is the value of the claim? £1000

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Loan for a Car

When did you enter into the original agreement before or after 2007? The loan is from 2005

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. It has been passed onto Hillesden Securities Limited t/a dlc

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure

 

Did you receive a Default Notice from the original creditor? Not sure

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

Approx. 2 month ago we received 5 annual statements of accounts dated from 28/09/2010-11/07/2015,they all come on the same day

 

Why did you cease payments? It looks like no payments were ever paid

What was the date of your last payment? It looks like no payments were ever paid

 

Was there a dispute with the original creditor that remains unresolved? Dont know

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? No

 

We have not acknowledged the claim yet but I have set up the login online etc,

We want to defend the claim and are going to use the statute barred as defense,

 

 

I am just wondering what wording i need to put for this and should i wait the 19 + 14 days or just submit it straight away ?

 

Also I have not sent any cpr request as of yet

 

cheers in advance

[dx100uk]

That's about the 3rd or 4th hillies dlc blackhorse claim we've seen in the last 10 days

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?457263-Hillesden-Securities-Ltd-T-A-DLC-Claim-Form-Blackhorse-debt-possible-SB

 

And more here

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=+Hillesden+Securities+Ltd+T/A+DLC+&sa=Search+CAG#gsc.tab=0&gsc.q=Hillesden%20Securities%20Ltd%20T%2FA%20DLC&gsc.page=1

[dx100uk]

wouldn't hurt to ring Blackhorse and ask

 

 

unless the statements confirm that already?

 

 

if so file the SB defence now as you suggested..

 

 

dx

[Wato]

thanks for your response dx100uk, I will submit my defense due to it been statue barred and see what happens next

 

cheers

[Wato]

Latest update

 

We have received two letter from Mortimer Clarke both arrived on the same date, the first was a Without prejudice Save as to costs, offering a 40% discount,which we are not interested in, the second was a reply to our defense basically saying it is NOT statute barred as the agreement was actually terminated in august 2010,

 

I always thought 6 years after the default date is when it becomes statute barred,is this not the case now?

 

Any advice on what we should do next

 

cheers

[dx100uk]

no not even the default

its about 2mts after your last payment.

 

 

trying it on

stand your ground.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?457344-Hillesden-dlc-mortimer-claimform-Black-horse-car-loan-(Stat-barred-)&highlight=floydian

[Wato]

That is what I was thinking to be honest, Is it worth replying to the solicitor to say that I believe it is statute barred and there for would be happy to see them in court or just leave it to see what they do within the courts date.

 

cheers

[dx100uk]

no sit tight

 

 

from term date will be a first!

 

 

go read that other thread I linked.

 

 

hillies have issued 1000's of these claims

hoping for default judgements

 

 

dx

[Wato]

I have just checked online and I have still had no response to my defense, the exact date the defense was received was the 21/12/2015 so i believe I am past the allocated time for a response,what should I do next?

 

thanks

[dx100uk]

Nothing after 33 days its auto stayed

 

Dx

[Wato]

So what exactly does that mean,when i checked online there was no update or status change to reflect this that is all

 

Cheers wato

[dx100uk]

Go read a few claim form threads here..

 

It means that unless the claimant now pays a fee to progress the claim its going nowhere. Stayed.

 

Mcol ends once you file your def

 

DX