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  1. Hello I'm new here.. hope this is the right place to post! I need some help if possibble with the following: Had a very old MBNA account.. that was sold to Hillsden securieties around 2005. A CCJ was obtained by Hillsden in around 2008/9 and has been paid as per order without fail ever since. Recently I have had letters from DLC (hillsdens managing agent) and Cabot Management group..informing me that the account is now owned by Cabot/ME111 and to now contact Mortimer Clarke Solicitors to change payment to them. However I do have an issue with this. I m a bit worried that by paying Mortimer Clarke I will be defaulting on the CCJ which is to pay Hillsden (who was the claimant). And I don't know what to do so if anyone can clarify this i would be greatful. Thank you
  2. Hello, I was wondering if dx or someone could offer some urgent assistance. Hillesden Ltd via Mortimer Clarke Solicitors are taking me to court for a debt. I believe this to be statue barred. Details are below. I should mention that I sent through the AOS to allow for an extra 14 days. Just to let you know that this debt does not appear on my credit file. Name of the Claimant - Hillesden Securities Ltd Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to – 14 DEC 2015 ( by my calculations 33 days is up tomorrow) – What is the claim for – the reason they have issued the claim? By agreement between Black Horse Ltd & the Defendant on or around 07/11/2006 (‘the Agreement’) BLACK HORSE lTD agreed to loan the Defendant monies. The Defendant did not pay the instalments as they fell due & the Agreement was terminated. The Agreement was aa signed to the Claimant. The Claimant therefore claims 5500 What is the value of the claim? £6000 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 2007 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 SOLD TO DLC/HILLESDEN. THEY ARE THE CLAIMANT. Were you aware the account had been assigned – did you receive a Notice of Assignment? I DO NOT RECALL. Did you receive a Default Notice from the original creditor? I DO NOT RECALL Have you been receiving statutory notices headed "Notice of Default sums" – at least once a year ? I DO NOT RECALL THIS. Why did you cease payments? LOW SALARY – I WAS NOT ABLE TO AFFORD PAYMENTS. AT ONE POINT I WAS OUT OF WORK. What was the date of your last payment? APPROX 2007. I MADE A PAYMENT OF £10 FOR A SAR TO BLACKHORSE – WHICH I MADE ABSOLUTELY CLEAR WAS FOR ACCESS TO MY RECORDS. I DID RECEIVE MY RECORDS. THIS DEBT AT SOME POINT WAS PASSED / SOLD TO ZINC WHO CHASED ME FOR THE DEBT. AT THE TIME I SENT THROUGH £1 FOR A COPY OF THE AGREEMENT. THEY DID NOT RESPOND. THIS WAS IN 2010/2011. ABOUT 2/3 YEARS AGO I RECEIVED A LETTER FROM DLC STATING I HAD MADE A PAYMENT OF £1 TO MY ACCOUNT. I DID NOT RESPOND TO THE LETTER AS I KNEW THIS TO BE INCORRECT. Was there a dispute with the original creditor that remains unresolved? NO. I MADE PPI CLAIM – WHICH BLACKHORSE PAID. THAT WAS APPROX 2 YEARS AGO. AT THE TIME THE DEBT WAS ALREADY SOLD TO ZINC / DLC/HILLESDEN Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? WHEN THE LOAN WAS TAKEN OUT ORIGINALLY, I DID CONTACT BLACKHORSE OVER THE TELEPHONE. BUT THAT WAS WELL OVER 8 YEARS AGO. I BELIEVE BLACKHORSE/ DLC/HILLSDEN HAVE THE DATES WRONG. I NO LONGER HAVE THE ACCOUNT OPEN WITH THE BANK FROM WHICH I MADE PAYMENTS FROM. I HAVE MADE CONTACT WITH THE BANK AND THEY INFORM ME MY ACCOUNT HAS NOT BEEN IN USE SINCE SEPT 2007. I SWITCHED BANKS OVER 10 YEARS AGO, SO I KNOW I HAVE NT MADE ANY PAYMENTS TO BLACKHORSE IN THAT TIME PERIOD APART FROM REQUESTING ACCESS TO MY RECORDS VIA A SAR, PLUS £1 TO ZINC FOR A COPY OF MY AGREEMENT. I hope I have provided enough detail above. I am seeking assistance in what to state by way of defence. Many thanks mbk.
  3. I have sent the SAR and received it showing my name and signature. My question is this; if I borrowed the money from Black Horse, surely my debt is with them and no one else. I am also a bit peeved as if the SOLD the debt to Hillesden, then Black Horse has decided that this debt is a bad debt so got rid of it and as such have put the amount . .. some £3900 against their annual tax and I assume Hillesden paid between 10 p and 2p in the pound to buy the debt. My question is who is the debt with? I believe it is still with Black horse which makes Hillesens claim irrelevent. Am I right?
  4. Hi thanks for taking the time to read and hopefully help. CCJ was issued back in september for a TSB CC which I took out in 2000 and defaulted on in June 2007 and I have not acknowledged the debt at all. its been passed on to the usual dca then nothing for a few years until I had a letter in the post saying do I need help with my CCJ. I went onto my credit file and there it was from Hillsden. I had not paperwork to defend myself in court and in throery the debt should be Staue barred!!! A CCJ was granted which I later had confirmed in the post and to pay they full amount which was now £4064.07 which I cant afford to pay, I have now received a letter to advise that DLC have applied for a charging order through my local court and this is being held on the 14th Jan 2014. I have drafed up the below letter to defend myself as I was never given the opportunity to do so in the first place. can you please give me some poiters so see if its any good as this is all new to me. I want the CCJ set aside and the Charging order dropped. The debt is State barred and they should not of been able to get a CCJ. Ihave spken to the orginal creditor and they still have not sent a copy of my CCA nor did I receive notice of assigment that the debt had been sold to Hillsden. Please any ideas as I am very worried now and I cant attend court as I only work part time and its being held on one of the days I work and I know I cant get the time off. I am a single mom with two young kids trying to keep up with my mortgage which I am already behind on and now I have this to worry about. Thank you for your help copy of letter below Please take note I do not acknowledge any debt to Hillesden Securities or any associated company. I refer to entries made to my credit reference files by Hillesden Securities Ltd., England and Wales Orders & Judgments Hillesden has stated that a County Court Judgment was made in its favour on 11/09/2013, please take careful note I have NOT at anytime received a County Court Claim pack at my present address and I have been resident here for 12 years So I have been unable to defence myself and I am applying to get the CCJ set aside and that the Charging Order dropped as DLC/Hillsden have not followed the correct guidelines. I have now received a letter dated the 15.09.2013 to advise that DLC have applied for an Charging order on my property. I am now aware that Hillsden Securities LTD are aware of my address after receiving the above mentioned letter, but no original court papers so one must conclude that IF the CC claims was made by Hillsden it clearly used an incorrect address, this may or may not have been a deliberate action to obtain a judgement by default but it is easy to conclude this is a possibility. I have been in contact with the original creditor (again I do not acknowledge any debt to them) requesting my original credit agreement from the year 2000 and I am still awaiting these documents from over a month ago. They also advised me that the account defaulted back in June 2007 so this debt would of been Statue bared in June 2013 So how did Hillsden managed to get the CCJ in September 2013. Also no notice of assignment was received from the original creditor or the DCA which again is a legal requirement. I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time. Unless you can provide evidence of payment by myself/us* or written acknowledgement of the debt from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against us to recover the alleged amount claimed, and should you try to proceed with court action I must inform you that I shall vigorously defend this action in court citing Section 5 as part of our defence. The OFT Debt Collection Guidance states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”, which again should you try and proceed to court I will also use this as a defence. As you you can see I have not been able to defend myself due to the lack of correspondence from either parties and I only found out a CCJ has ben issued when I was notified on my credit file I therefor require Hillesden Securities Ltd., to produce all the relevant documents regarding this CC Claim, and any other documents connected with the alleged debt within 7 days from the date hereon, until these documents are provided to me no further correspondence will be entered into.
  5. HI. Hope someone can help me here, or point me in the right direction. I had a loan with Black Horse that unfortunately, due to redundancy and not being paid from another job (long story about taking a job offer from someone i knew), I ended up defaulting on it. Eventually went to CCJ (stupid didnt fill in the forms in time ) back in 2009. June. I am not disupting the fact i owed the money. At first the Blackhorse, i was in an agreement, which i was paying a small amount per month, but they also got a charging order against my house (which is in negative equity anyway). Year or two after i got a letter saying it had been transferred to Hillesden securities / DLC. now i keep getting letters just stating amount in arrears being the full amount i owe (6450 ish). I have and am still paying £50 per month, which was the agreed amount since i started my new job. I recently had need to get hold of my land registry documents, which still shows a charge held by black horse which confused me. Is the debt still with Black Horse or DLC? Do i have an agreement with DLC or Black horse? Why do i keep getting this arrears letter? Is my agreed amount not my agreed amount (ie £50 per month. Is it what i originally had per month with black horse?) It state on the letter "Opening balance £6437. Arrears £6437" then no transactions ( i have been paying every month) and then "closing balance £6437" Would it be worth me making an offer for full and final, outstanding is £6437, but the ccj date ends in June 2015, and i don't want it re-registering because i have been paying it there is the likelihood that will happen. Occasionally they call during work hours so i cant answer, but i just carry on paying the agreed amount of £50. What is best for me to do? All help appreciated!!!
  6. Hello I defaulted on a lloyds TSB credit card back in 2008 which I have had a paid off regular since 2000. long story cut short but couldn't afford to pay this due to myself splitting from my partner buying his half of the house so I could keep a roof over my kids heads. Hillsden have now put a CCJ on my credit file and ive not been notified just a card to say they where nothing else. What do I do now and what will they do? Its for £4k. I cant afford anything else with my mortgage and two kids. Any help would be appreciated as im not sure what I should do as ive not acknowledged this debt for 6 years. Many thanks
  7. Hi All, I'm looking for some urgent help - sorry to join the forum and jump on and cry out for help! I had a credit card account approximatley 8 years ago with MBNA - I spent a lot on it whilst unemployed and to keep my home, I kept up reasonably well with the payments until I was contacted 4 years ago by a company called Beneficial claims who said they could review my account to see if I had any PPI or if the agreement was unenforcable - they advised me not to continue paying MBNA as it was indeed unenforcable due to the credit agreement they had with me. At the time when I was struggling this sounded like the fairy godmother had arrived. Time went on without paying MBNA and they stopped bothering me - There are no defaults from them on my credit reference. The company that was supposedly dealing with my account dissapeared and I could not get hold of them. I then Started receiving letters from Hillsden Securities 2 years ago saying they now owned this debt and I should contact them to set up an agreement - I didnt. Time passed and I ignored all calls and then had a statement from them - not requesting payment but the debt being just over £10,000 I had further statements but no request for payments. I have now received a letter from Aplin Solicitors requesting full payment in 14 days or they are going to place a charging order on my house and take me to court - Northampton. I have no idea what to do i'm so stressed its making me ill - I am due to get married in less than 3 months and if I tell my fiancee about this she will be shattered I just dont know what to do. Please can anyone help - should I ring DLC / Hillsden and ask if i can make small payments?? Help please Here's the letter - which I need to respond to within the next two days:
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