Hillesden/mortimer claimform - old Blackhorse Loan 'debt'

[cosalt]

Hi, I used to be quite active on here but after losing a court case to a creditor a few years ago I went away to lick my wounds, everything went quiet and I got on with my life.

 

Now out of the blue I have received a claim from Mortimer Clarke solicitors for an old Black Horse account.

 

I last paid or ackowledged anything in 2008 and received a default notice and demand for full payment in early 2009 so I am confident its statute barred.

 

I have defended saying so and have received a letter from MC saying the account was terminated in 2011 - having read other threads I assume this is just an attempt to derail me. They have also offered a 50 % settlement and a tomlin order - How generous!

 

Now I assume I should just do nothing and see if they respond - they have until this friday according to my maths when the 28 + 4 is up?

 

[citizenB]

Can you please check your credit file and see when the first Default Marker was placed on your credit history by the original Creditor ? If the account is no longer being recorded then that will be another indicator that the account is definitely statute barred.

 

They should have at the very least placed the first marker up to 6 months after the default notice was sent to you and not remedied.

 

I do suspect however, that they are trying it on.

[dx100uk]

about no. 17 inline exactly the same claimant /debt

 

they are all appearing to be statute barred

 

http://www.consumeractiongroup.co.uk/forum/search.php?searchid=6423104

[cosalt]

Hi and thanks, the default has dropped off my credit file sometime in mid 2015 but I dont have the exact date.

[dx100uk]

gotta be like the rest sb'd

 

 

the discount speaks volumes too

 

 

dx

[cosalt]

So I should just do nothing and see if they discontinue?

[dx100uk]

theres is nothing more to do if you filed the sb defence

 

 

next move is the claimant.

 

 

bet it gets stayed or they discontinue.

 

 

can you post up the def you filed please

 

 

and so we have all the details

 

 

fill this in and paste it here please

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

 

dx

[cosalt]

Name of the Claimant ? HILLESDEN SECURITIES LTTD

Date of issue – . 14 Dec 2015

What is the claim for –

 

1.THE CLAIM IS FOR THE BALANCE OF INSTALMENTS DUE & UNPAID

UNDER AN AGREEMENT DATED 24/09/2004

& UNDER WHICH BLACK HORSE LTD AGREED TO PROVIDE CREDIT

IN RELATION TO THE PURCHASE OF GOODS PAYABLE BY INSTALMENTS (THE AGREEMENT)

THE CLAIMANT THEREFORE CLAIMS

1. AMOUNT DUE AND UNPAID 600

 

What is the value of the claim? 700

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

When did you enter into the original agreement before or after 2007? BEFORE

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. DEBT PURCHASER

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

 

Did you receive a Default Notice from the original creditor? YES

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

 

Why did you cease payments? 2008

What was the date of your last payment? NOT SURE

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

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? NO

[citizenB]

cosalt, is this the defence you submitted ?

 

 

1 The Claimant's claim was issued on (date).

 

2 The defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

[citizenB]

Hi and thanks, the default has dropped off my credit file sometime in mid 2015 but I dont have the exact date.

 

If it dropped off your file before the claim was issued then there is nothing to worry about

 

Their claim that it wasnt terminated until nearly 3 years after the Default date is a nonsense.

[cosalt]

cosalt, is this the defence you submitted ?

 

Not quite but hopefully adequate -

 

 

1. The Defendant has not acknowledged the debt in writing in the

last six years

 

2. The Defendant has not paid any part of this debt in the last

six years.

 

3. Accordingly the Defendant seeks the Claimants claim to be

dismissed by the court as the debt is statute barred under the

Limitations Act 1980, section 5.

[citizenB]

[ThedaBara]

Blackhorse usually charges PPI, too.... TB

[citizenB]

Blackhorse usually charges PPI, too.... TB

 

Hmm, methinks if the statute barred defence is accepted then cosalt might not be able to make a PPI claim ! and if he was, then almost certainly, statute barred or not, Blackhorse would most probably repay itself first.