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CBR vs Hillesden Securities


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Hi,

I am about to enter a defence for a claim from these guys.

The POC is as follows:-

 

The Claimants claim against the defendant is for the amount due and unpaid as at todays date under a regulated runnung monthly credit agreement.

 

And thats it.

The defence I am about to enter is as follows: -

1. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

2. The claimants' particulars of claim disclose no legal cause of action and they are embarrassing to the defendant

as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply

with CPR part 16. In this regard I wish to draw the courts attention to the following matters:

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating

to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the

regulated running credit account referred to necessary to substantiate the claimant's claim.

 

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which

appears to form the basis upon which these proceedings have been brought, has not been served attached

to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on

the alleged accounts, has not been served attached to the claim form.

 

3. Consequently, I deny the allegations in the particulars of claim and put the claimant to strict proof thereof.

 

4. The Defendant respectfully requests the leave of the court to amend this defence if and when the Claimant

provides sufficient information for the Defendant to do so.

 

 

 

Any comments are much appreciated.

Hindsight is wonderful......

 

But now knowledge and advice are life savers:D

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Thks john, funnily enough I have just been reading it. Seems like these jokers have not learned anything

from the that lessons that gazbo gave them:lol:

 

Just need someone to read my defense before I put it and go through the same process as you have done.:wink:

Edited by CBR600F
Mixed up post should been 'from the that lessons that gazbo gave them...'

Hindsight is wonderful......

 

But now knowledge and advice are life savers:D

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Hi (its Vicky, btw, I'm doing the case for john) I haven't had a thing from hillesdens/aplins/dcl (is yours submitted by aplins for hillesdens?), except for an acknowledgement of the defense and intention to proceed unless john phoned to come to an agreement with them. This was from dlc. They have until 31st according to the court to come up with all the documents for the account NOT referred to in poc. Its like working in the dark, theres no communication and all you can do is hope you're doing your part ok. But theres loads of us in the same boat, have a read of dotty50's thread whos just a bit behind me.

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#4

As they have not specified anything in the POC I can't see how I can request anything under CPR31.

Additionally this claim came in just before, you guessed it, Christmas and then this year my priority was to get a job - which I have done and start in a weeks time:-D

 

But because of that and other worries repo etc etc I have not been proactive.

The trouble is with these "£$%& that they are always dealing people who are in bad place!

 

Therefore it seems to me that all I can do is submit an embarrassed defense and ask the court to require that these clowns replead their POC.

Edited by CBR600F
#4

Hindsight is wonderful......

 

But now knowledge and advice are life savers:D

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http://www.consumeractiongroup.co.uk/forum/showthread.php?283443-Embarrassed-Defences-and-the-problems-with-them.

 

The above thread might be helpful. Apparently mine wasn't actually an embarrassed defense. I've had fantastic help on here and the support is great. Be prepared for hours of research though!!! If you need site team help press the black triangle but I'm sure someone will come along soon.

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If you know anything about this debt I'd be wary of putting in an embarassed defence. How long have you got left to defend?

 

Like coledog, I'd like to know if you have any documents.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I have not received any documents from Hillsden only letters.

 

Running out of time for reasons mentioned #7

Edited by CBR600F
Added only letters.

Hindsight is wonderful......

 

But now knowledge and advice are life savers:D

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Defence due any day then. Are they claiming more or less than £5k? Do you think there are any charges or PPI included?

 

I don't know how much you've been reading around the forums, but an awful lot of people have lost claims in court, and it's becoming much easier for creditors to win in court, no matter how good the arguments on the technical points in court.

 

Before you plunge in head first can I suggest you take a look at my blog. http://www.consumeractiongroup.co.uk/forum/entry.php?230-Negotiate-a-Settlement-or-Fight-in-Court

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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caro,

I am one of the ones that did similar to yourself and then things went very very pear shaped:sad:

 

All I am seeking now is to keep them off my back until I am in a position to come to an agreement.

 

Until a week ago it look highly likely that we would lose our house as we could not even afford the mortgages.

 

Even if I fight and lose they will not get anything as we have nothing to give, a pound a month or a charging order is all they can get.

 

In a couple of years we will be in a better position to negotiate for a settlement.

Hindsight is wonderful......

 

But now knowledge and advice are life savers:D

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Ok, but you have to deal with the situation as it is now.

 

I've just taken a glance at other threads and it seems this is one of a number of debts, and you could really do with sorting out the whole lot so that you can get to a stage where you can manage everything.

 

YOU need to be in control of your finances so that you have time to concentrate on all the other things going on in your life.

 

As you say - they can't have what you haven't got. I do think though that you are taking a risk by submitting an embarassed defence and would be better looking at other options.

 

A bit more reading for you before you decide how to deal with this. http://www.consumeractiongroup.co.uk/forum/showthread.php?289118-At-the-end-of-your-tether-an-alternative-debt-management-strategy&highlight=

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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As you say I need to take control. I have, I start a new contract in a weeks time.

 

IVAs etc only work if you have disposable income - after your primary bills or is thats debts or both not sure but when your sinking by a grand a month just on your mortgage it becomes a little irrelevant.

 

Bankruptcy was an option that I looked at but at that time we seriously did not have the money to even do that!

Well until next week we didn't and unfortunately I am the director of my company....................

 

I think I will take a leaf out of your book and start a blog off, clouding threads with this stuff seems wrong:wink:

Hindsight is wonderful......

 

But now knowledge and advice are life savers:D

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This stuff is as important on threads as anywhere. If you're sinking by a grand a month then it's all the more important to tackle it. You need to make lifestyle changes. There are no quick fixes, but you seriously can't carry on like this.

 

Maybe you should take a leaf out of Tingy's book, and ask your creditors to make you bankrupt - not that they've done it.:lol:

Contact Hillesdon, ask them to agree to a stay while you try and sort things, tell them the situation, and show them that it's a waste of time taking you to court. You can do this by showing them your I&E. Why put yourself through the extra pressure of going to court?

 

There's a budget sheet here. Budget Sheet.xls

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Caro,

 

Ths but I think you missed the 'I start a new contract in a weeks time.'

 

Done all the budget sheets etc etc and believe you we could not live more cheaply! God bless Iceland, home grown veg, pheasants and pedal power! Keeps you fit as well and good for the environment!

Hindsight is wonderful......

 

But now knowledge and advice are life savers:D

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Thanks for every ones input on this I am going to file the above defense as it seems the right thing to do when a claimant puts in such a pathetic POC.

 

It will buy me time until money from my new contract starts coming and I can reassess my IT developers career.

 

Also this claim is from a company that hike up the interest rate to 39% when they knew we were having problems and I would say that over 50% of this debt was from when we first asked(they ignored) them for help!

Hindsight is wonderful......

 

But now knowledge and advice are life savers:D

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Up to you.

 

Hope it works out for you.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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http://www.consumeractiongroup.co.uk/forum/showthread.php?287153-Aplins-claim-issued-urgent-help-needed-please

 

Hi CBR,

 

Have put a link to my thread, I have had some really great help, like John aka Vicky!

 

What date have you got to defend by? have you read PT's thread? He strongly advises against putting in an embarrassed defence!

 

Have you ever approached Hillesdens for a copy of your CCA or corresponded with them?

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FEI the reason why we got where we are is because 9 years ago I decided to spend more time with my family and in particular my son who suffers from ADHD and Aspergers, although neither of these conditions are severe it made everyday life challenging to say the least.

 

My son is now nearly 19 studying computing science having achieved 3 As and a B at six form. Oh and he is now able to live on campus fending for himself.

 

Due to taking time out from the IT industry for my family I effectively damaged my own career I have now managed to find a new contract which will hopefully get my own life back on track.

.

Hindsight is wonderful......

 

But now knowledge and advice are life savers:D

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Thks Dotty that is very helpful, I will read later after some sleep.

I think I need to get it in today (reasons above).

 

Ta ta for now

Hindsight is wonderful......

 

But now knowledge and advice are life savers:D

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If you have not signed an agreement with the claimant, why not say so?

A regulated agreement has to be reduced to writing, I would suggest you consider denying ever signing a credit agreement with the claimant.

This I believe then puts them in a position where they cannot continue the claim unless they can prove your signature on a document

Just my opinion

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