Hi All,

Hoping for some advice.

I have today received a county court letter issued on behalf of a claimant called ME III Limited in regards to a very old loan with Blackhorse Finance from 2006.

If memory is correct this loan was paid off back in 2010/2011 (it had previously fallen into arrears). this was paid via an ex partners bank who now lives in Australia so I have no way of verifying this with her.

I have had no contact with any company relating to this debt since this period, and if in the event it hadn't been cleared as advised, I believe this would be Statute Barred due to the time period.

I have checked Noddle and Clear score and neither have any record of this debt.

How am I best to respond to this without proof of payment? Should I respond to the claim online stating it had been cleared or at least should be statute barred or should I contact the claimant solicitors with this information and a statute barred letter template for good measure?

Would be grateful for any advice.

Can you confirm if the letter is a N1 claimform?

It may be a good idea to remove any identifying data and post it for the team to see and advise further

Says on the bottom N1SDT Claim Form

Particulars of claim reads

By an agreement between Black Horse Ltd and the defendent on or around 9/2/06 (the agreement) Black horse Ltd agreed to loan the defendant monies. The defendant did not pay the installments as they fell due & the agreement was terminated. The agreement was assigned to the claimant. The claimant therefore claims 2681.18

Ok can you type in the exact wording in the Particulars of Claim section please and include the amount they are claiming.

added above for you, thanks for the quick response btw

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

can yo fill the above out please

Thanks dx i was just looking for the link you posted

Name of the Claimant ? - ME III Limited,

Date of issue – 30 Jan 2017

What is the claim for –

1.By an agreement between Black Horse Ltd and the defendent on or around 9/2/06 (the agreement) Black horse Ltd agreed to loan the defendant monies.

2.The defendant did not pay the installments as they fell due & the agreement was terminated.

The agreement was assigned to the claimant.

The claimant therefore claims 2681.18

What is the value of the claim? £2866.18

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

When did you enter into the original agreement before or after 2007? 9 Feb 2006

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? - No, unless sent to old address

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

Why did you cease payments? - Advised loan had been paid in full by ex partner who debt was originally taken out for

What was the date of your last payment? around 2010/2011

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? - No

Few things for you to do.

Go to MCOL online and acknowledge the claim

Tick defend all

Leave jurisdiction unticked

Exit MCOL

Send the claimant a CCA request s77 for the agreement

Send the claimants solicitors a CPR 31:14.

Can you call Black Horse and ask when the last payment was made to the account.

You say that the ex cleared the balance, this needs to be clarified aswell with BH, it may never have been.

To be SBarred,

the last payment or written acknowledgement must have been over 6 yrs ago.

Does the account show in your credit file?

Plenty there to keep you busy,

get the claim acknowledged first and work out 33 days from the date of issue on the N1, that is your defence filing date, the date on the form being day 1 in the count and you count all days inckuding sundays.

Thanks for your help I'll get these completed and sent tomorrow.

As a side note would I be able to get any information from Black horse due to the time period and also I believe their personal loan division closed down some time ago.

In regards to the credit file I've checked clearscore and noddle today and neither of those have any listing of this debt.

Not sure what you mean with regards to information for the time period but even when a firm stops lending they still have collections to make

yep no.1. priority go badger the original creditor

could now be LLoyds

and find out that last payment date.

if its SB, we should be able to kill this dead.

Many thanks for the help guys.

As an update, I phoned Blackhorse and they were unable to find any records of the debt on their system, they went through to their legal dept who advised that without an agreement number they can not find anything. I had provided them with name and every address / postcode since taking the agreement and nothing found. As I presumed this to be cleared a long time ago I no longer have any documents to find the original agreement number so I can't seem to find out the last payment date.

I have completed the CCA request but will need to get a postal order raised, unless I can forward a cheque.

The CPR 31:14 has been filled out but I had to omit most of the requests for documents (1-6) as these were not included within the particulars of claim, however I would be interested to see these and where they were sent. Can I still request them despite not being on the Particulars of Claim or am I best to leave that for the moment?

Again thanks for your help its greatly appreciated.

1.By an agreement between Black Horse Ltd and the defendent on or around 9/2/06 (the agreement) Black horse Ltd agreed to loan the defendant monies.

2.The defendant did not pay the installments as they fell due & the agreement was terminated.

The agreement was assigned to the claimant.

The claimant therefore claims 2681.18

well that answers why they've no agreement number in the POC above then..

[that is ALL the poc verbatim??]

they don't have a clue??

but saw £3k and issued a speculative claimform

hoping for a none contested default rubberstamped judgement.

you can request

agreement

default notice

termination notice

assignment

and statement

they are all mentioned or implied

Thanks DX100uk, that was the POC word for word listed above, had another look through and nothing that looks like a reference number anywhere on the documents.

Am I able to send a cheque for the £1 fee or is it best as a PO?

I'll adjust the form to ensure I request copies of all of the mentioned documents.

although we've never proved it

is really a good idea to give them your signature.......

although we've never proved it

is really a good idea to give them your signature.......

Having been stalking these forums for many months now ,thats worded wrong dx100uk think you missed a "never" out ,hey I am picking things up

no its the internet connection sadly

that's twice of recent days...tis a bit wind and overcast here

it should read...

although we've never proved it

is it really a good idea to give them your signature.......

MCOL has been updated as advised.

I've sent the letter to the solicitor today recorded delivery and will send the letter to the claimant tomorrow when I can get a postal order raised. (Both solicitor and claimant are at the same address).

Will be interested to see what they provide and how this debt has suddenly surfaced after all these years.

I'll keep you posted on any response, again thank you for your help.

Hi all,

I have had a reply from the solicitors as below

"Thank your letter dated 2/2/17

We Acknowledge your request for documents pursuant to section 77 of the consumer credit act 1974.

for the avoidance of doubt, this firm acts on its client's instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can.

In the meantime, the matter has been placed on hold and no further action will be taken. "

Any suggestion of what to do next, the solicitor and the MEIII company they act on behalf of are at the same address, however I have had no response from ME III yet in regards to the letter sent to them.

Thanks in advance

Your defence is due 3rd March by 400pm ...dont miss submitting it.

Regards

Andy

Thanks Andy, I've now set a calendar reminder to get it done.

At a guess I'll need to go back onto the MCOL site and state that no documents/ evidence relating to the debt has been provided.

I've tried to look into this myself and Blackhorse have no record of it or documents to provide and seems similar with this company trying to register the ccj.

What will happen once the defence is registered, will I get any form of notification this has been removed or am I likely to have someone else try to do the same thing?

you need to go read like loan claim threads

I can see you've only read one thread

unless you've done it when not logged in here.

there are lots of recent uses of our no paperwork/holding defences here

and from them too you'll pick up the way things work once you file yours

but let us check it first

Hi DX,

I had looked a some threads while logged out but in truth got a bit lost as seems many different cases / severity and resolutions.

I've had a bit of a browse (while logged in) and I'm guessing I need to complete something like the below for a no paperwork defence (just copied and pasted from past thread would need editing to suit if it's the correct route).

What is the claim for –

1.By an agreement between Black Horse Ltd and the defendant on or around 9/2/06 (the agreement) Black horse Ltd agreed to loan the defendant monies.

2.The defendant did not pay the instalments as they fell due & the agreement was terminated.

3.The agreement was assigned to the claimant.

The claimant therefore claims 2681.18

Proposed Defence.

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.

1. Paragraph 1 is noted. I have, in the past had financial arrangements with Welcome Financial Services , however I do not recall the exact details or am I aware of any outstanding balance. I have requested the claimant verify the details of this claim by way of a CPR 31.14. The claimant has failed to provide me with a copy of the agreement, stating they believe I have already inspected the documents in the past. To date, no statement of the alleged account has been received.

2. Paragraph 2.The Claimant alleges that I the Defendant did not pay the instalments as they fell due.The claimant is put to strict proof to evidence such breach by way of a Default Notice pursuant to CCA1974 section 87 (1)

3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served pursuant to the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

4. Therefore the Claimant is put to strict proof to:

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

(b) show any breach and evidence the service of a Default Notice;

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed

6. On the 21st December 2016 I made a legal request by way of a section 77 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance.

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

Have you not made a CCA section 77/78 request Cheeky ?