Defending CC Claim - Hillesden Securities Ltd

[bluespiderman]

Hi All, i wonder if anyone can confirm that i am taking the correct steps to defend a country court claim which my wife has received please.

 

She has no knowledge of the debt (typical!) and nor have i as it is from a good few years ago before we were married.

We have very recently taken out a joint mortgage which i'm guessing has lead to the claim.

 

The POC reads as follows:-

 

The claimants claim is in respect of a credit facility provided by at the defendants request on . The agreement was subsequently defaulted. Failure to meet requests for payment resulted in the account being terminated. On , all legal and beneficial interest for the monies was assigned to Hillesden Securities Ltd. The defendent was duly notified in writing of the assignment and that a balance of was due. The balance of remains owing from the defendant.

 

We're not sure what the agreement relates to

(possibly fallout from a car hpi deal

- car was written off and there were some problems with the bridging insurance to cover it's value,

she hasn't any records unfortunately)

- it certainly wasn't taken out in 2005, this may be the date that the debt was last acknowledged.

 

I will be returning the acknowledgment of service requesting the 28 days to prepare the defense.

I have the details for CPR 31.14 letter (thanks to the many threads on here!).

I plan to send this to Hillesden requesting the following documents: agreement, default notice, account termination notice, the assignment, the formal demand letter.

 

Can anyone confirm if this is the correct course of action to take at this stage please ?

 

The debt may be statute barred

- she certainly hasn't had any dealings with the bank in question since 2005 (or possibly even earlier),

nor has she been asked to make or made any payments to the bank.

 

All she has is a letter from a debt collection agency several years ago offering to settle the debt for a reduced payment of approx £700,

she didn't respond but did keep the letter (although i don't suppose it would be of any use now).

 

Do i need to include a request to Hillesden stating that they must prove that the debt is not statute barred ?

or do i need to send a separate letter to the bank mentioned in the POC ?

or do i ignore this aspect for the moment and await the details in response to the CPR 31.14 letter....

 

Any help will be hugely appreciated ! thanks in advance

 

Also - the claim is against her maiden name,

can the response stay in her maiden name or should we use her married name now ?

Edited December 28, 2011 by bluespiderman

[dx100uk]

1st check her cra file see my sig below

 

dx

[bluespiderman]

Thanks for the suggestion dx - although we checked both of our credit files using Experian when applying for mortgage a few months ago - there is no default or bad record on her file at all ....

[dx100uk]

well default and simple sb defence will do.

 

and the other clue is the discount letter.

 

i bet you'll find they'll fold before the case

get compensation and costs out of them.

 

dx

[bluespiderman]

well default and simple sb defence will do.

 

and the other clue is the discount letter.

 

i bet you'll find they'll fold before the case

get compensation and costs out of them.

 

dx

 

thanks - one question on how the process works - do i request evidence that the debt is not statute barred from the debt collection agency (along with the request to see copies of docs), then assuming they cant send me evidence (as there isnt any) submit that as part of defence?

[bluespiderman]

Quick question - CC claim served to wife in her maiden name, should the acknowledgment/defense be made in her married name ? will that confuse issues and should we use her maiden name... thanks

[bluespiderman]

I have read on here some suggestions that using her married name will throw up data protection issues i.e. excuse for claimant not to respond with information, can i assume that this is the case and we should use her maiden name ?

[42man]

I don't know the exact answer to your question but may I ask how long it has been since she got married ?

[bluespiderman]

approx 3 years now - although the claim relates to a matter from over 6 years ago.

 

prob a simple SB defense. I've sent CRP31.14 request and part 18 request to claimants solicitor, will also be sending SAR to the original debtor tomorrow to try and confirm the facts before the defense goes in.

 

I think i have the answer re names - it sounds like in law you can use maiden name as long as not for fraudulent purpose.

[42man]

Once they receive your defence it is highly likely they will withdraw the claim......and you may not have time to get the results of the SAR as this can take up to 40 calendar days...there is an SB defence here - http://www.consumeractiongroup.co.uk/forum/showthread.php?162456-Help-with-statute-barred-debt-county-court-claim-form

[bluespiderman]

Question for those who are in the know

 

Claimants solicitor has written back to me in response to CPR 18 and 31.14 disclosure requests but has simply stated "client requests extension of 28 days to enable receipt of docs from original lender"

 

This doesn't comply with my original request which states "In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defense. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defense."

 

They have not committed to their client actually being able to respond to my request, nor have they agreed to the 14 day extension from receipt of said response.

 

I have forwarded the letter onto the court helpdesk and they have confirmed extension of defence date by 28 days but this obviously leaves me exposed with no time to formulate my defense IF the response is received on the 28th day.

 

My question is - do i go back to the solicitors now and re-request a firm response date, plus the 14 day extension on top ? is this possible with their agreement as this would mean an extension of 42 days in total - is the max 28 days? (this would be ideal as my SAR should be back by then, and i believe the debt may be statute barred).

 

If the maximum extension is 28 days, is the poor response enough grounds to submit a request to have the case struck out ?

[Ganymede]

 

is the poor response enough grounds to submit a request to have the case struck out ?

 

 

Short answer?

 

No.

[bluespiderman]

Ok, thanks, does the following response letter look okay, and within the civil procedure rules (small claims) ?

 

Thank you for your letter dated xth January 2012 in response to my CPR 18 and 31.14 requests in which you have stated that your client requests an extension of 28 days to enable receipt of documentation.

Please note that I stated the following in my request letter:-

In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defense. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defense.

I note that you have not complied with this request.

Please confirm in writing that your client will respond to my CPR requests within 28 days i.e. by xth February 2012. Please also confirm that you agree to an extension of time for the filing of my defense of 14 days from the date when you will have complied with my request, and specifically state this date i.e. xth February 2012.

If your client is able to respond to my request before xth February 2012 please state this in your reply, and also state a revised date for the filing of my defense which is not less than 14 days from the date of response to the original CPR requests.

Please note that if you should fail to comply with this request, or fail to agree to an extension of time for the filing of my defense, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

[bluespiderman]

or is it better to sit tight and submit a holding defense stating that i've requested details and haven't received them ?

[bluespiderman]

well default and simple sb defence will do.

 

and the other clue is the discount letter.

 

i bet you'll find they'll fold before the case

get compensation and costs out of them.

 

dx

 

quick update - don't think it's sb unfortunately statement from the bank shows more recent payments

 

I requested info under cpr 31.14 (agreement, default notice, account termination notice, proof of assignment) and got a letter back from the solicitor requesting an extension of 28 days to allow their client to receive docs from original debtor. I forwarded to the court who have extended the date to submit defense to next Monday 6th. As yet, haven't received anything further from their side....

[dx100uk]

and the other clue is the discount letter.

there is a very good reason for this i'm really surprised this has gone to court

something is wrong, you've just not found it yet.

 

dx

[bluespiderman]

i've sent SAR to the original debtor so perhaps this will reveal all, although this is unfortunately not due back until 11 days after the defense is due ....

 

I was wondering whether to chase up the sols by email to get an idea of whether i will be getting any details back next week to allow me to formulate defense by 6th Feb, i guess it won't hurt

[bluespiderman]

The original debt from 2002 which we think this claim may be linked to includes PPI (approx 20% of the value).

 

Is it worth mentioning this in the defense as the claimants are claiming for the full value and (so far) have not come up with any docs in response to CPR requests (i have written to their sols asking them to extend further to the latest possible date now which is Feb 20th).

[bluespiderman]

I received a response to my CPR31.14 request asking for 28 day extension to allow for receipt of documents, i forwarded to Northampton CC and they extended defense date to this coming Monday 6th (28 days).

 

I sent another letter which the claimant received on Monday stating that i need adequate time to file my defense from receipt of docs (14 days specified) and requested a further extension to Monday 20th Feb (this would be that max 28 days from original defense due date) and that they should respond back to me by today at the latest. I have not received a reply from the claimants sols....

 

I am now intending to file a holding/embarassed defense on Monday on the basis of no docs to back up POC (cca, sum arrived, default, assignment, etc, etc), no response to CPR31.14 request, etc.

 

The defense closes with the following statements:-

8.The claimant has failed to comply with my requests for disclosure entirely and it is suggested that such failure highlights that there is no case for me to answer. It has proven difficult to compose this defense without disclosure of the information requested, especially given that I am Litigant in Person.

9.Since the claimant has failed to comply with the request for disclosure as outlined in point 6, it is requested the court consider striking out the claimant statement of claim as failing to disclose reasonable grounds for bringing the claim.

10. I further ask the court consider striking out the claimants case as it fails to comply with part 16 and practice direction 16 insofar that no documents have been supplied and fails to show any consideration to the overriding objective to allow the court to deal with this case justly.

11.Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in point 6 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defense and counterclaim and will seek the courts permission to amend my statement of case according

My question is .... IF i don't get a response from the claimant on Monday (which is in my view way too late to be considered in my defense anyway, plus they ignored my letter requesting further extension) is it worth submitting an N244 as well as the defense or will the closing statements in the defense have the same effect ???

 

Thanks

 

[AndyOrch]

Hi Blue

 

What track is this assumed to fall in SCT FT?

 

Andy

[bluespiderman]

Afternoon Andy yep claim is for

 

although I did state in CPR request "case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise."

 

 

 

[AndyOrch]

But it will be SCT safe to assume ok, just submit your defence for now, no applications, you will have provision at AQ /Directions/ Standard disclosure to request further paperwork.

 

Andy

[bluespiderman]

okey dokey, thanks for the advise we'll see if anything turns up tomorrow or Monday.

[bluespiderman]

Just received the results of SAR to the bank

 

There are 3 loan agreements - first was closed and transferred onto the second,

the second in turn then closed and transferred onto the third and final loan (which is the subject of the claim).

 

The bank have sent the CCA for the final loan which is being claimed,

however section which is marked

"sign it only if you want to be legally bound by the terms"

and

"signature of customer(s)"

and

"date of signature(s)"

 

are completely blank!

 

it looks like the CCA was drawn up without my wife even being present !.....

 

There is a big black arrow pointing to a box saying "please sign" - the box is blank.

 

The only thing signed is a direct debit instruction which she has signed and dated with the same loan account number on,

but it appears to be a separate document entirely.

 

Am i correct in thinking that if defended properly,

the lack of signature on the CCA means that the debt cannot be enforced under the consumer credit act ?

 

I've had nothing back from the repeated CPR requests to the claimants sols, i think i can see why now.....

 

I'll get the docs scanned in on Monday if necessary, appreciate any views

[bluespiderman]

EDIT: sudden realisation that i now need to CCA the debt collection agency - i wish i thought first before posting

Edited February 18, 2012 by bluespiderman