Hillesden Securities Ltd- Urgent Help Needed Please

[SiliconChippy]

Hi All, I hope you can help

 

I was taken to Court by Hillesden Securities over a year ago totally out of the blue. When the Summary Cause Summons arrived I made a request for my CCA, when it eventually arrived over 8 months later, I checked it and it is not enforcable because it is not Legible.

Even though when Court was called and I explained it was not Legible, the Sheriff give me another 4 weeks to provide my defence. As the Pursuer did not send a Legible copy before my next Court case I relied on the fact that there was no Legible Credit Agreement. I also requested Account Statements and when these arrived they only covered half the lifetime of the agreement.

 

I have taken advice and lodged an Incidental Application with the court.

 

The problem is that I still need to Lodge a detailed defence in the meantime, please can someone advise what I am best to do?

 

Thank-You In Advance

 

Chippy

[IdaInFife]

you cannot lodge a defense until you IA has been fulfilled, that's why you are submitting the IA.

 

can you tell us what you requested on your IA?

 

Ida x

[SiliconChippy]

Hi Ida,

 

Thank-you very much for taking the time to answer, I am really appreciative.

 

Yes I have used Rory32s here:

 

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/180427-rrfcfan-court-wf-all.html (reply 16)

 

I have asked the Proc Fiscal if I still need to lodge a defence and he said yes so that I could prove that I'm not time wasting.

 

Thanks Again

 

Chippy

[SiliconChippy]

Ps I have also gained a lot of information from here:

 

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/176298-need-help-court-defence-4.html

 

Thanks for your help there too

 

Chippy

[IdaInFife]

okies

 

sorr i thought you were furter on since you mentioned IA,

 

Monty's is a good defense to base yours upon.

 

can you scan up or type up your particulars of claim?

 

Ida x

[SiliconChippy]

Hi Ida,

 

The Details of Claim are

 

1 The defender resides at the address as stated in the instance which is within the territory of this court and has been so resident for more than three months immediately prior to the raising of this action and is domiciled there. This court accordingly has juristiction. To the knowledge of the Pursuers no proceedings are pending before any other court involving the present cause of action between the parties hereto nor is there any agreement between the parties prorogating juristiction over the subject matter of the present cause to another court. The nature and circumstances of the defender's residence are that he has a substantial connection with Scotland.

 

((Agreed)) On My Defence

 

 

 

Thanks Again Ida

 

I hope this helps others too

 

Chippy

Edited September 8, 2009 by SiliconChippy

[IdaInFife]

do you have your inital defense sorted?

 

idax

[SiliconChippy]

Hi Ida,

 

Yes thank-you, I got it in yesterday. Thankyou for replying I got it in yesterday.

 

All The Best

 

Chippy x

[IdaInFife]

keep us updated

 

ida x