County Court Claim - Hillesden Securities

[BigDebtor1]

Hi, Please could some one help,

 

I have received a county court claim from Hillesden Securities for £16000,

 

It was for a loan from Lloyds which I couldnt pay due to difficulties I havent been paying since 2007.

 

It states on 15/07/2011, all legal and beneficial interest for monies was assigned to Hillesden Securities Ltd,

 

I couldnt find any old statements and im not sure if its statue barred, is there any way i cant find out?

 

Please could someone advise me on how to defend this,

 

i have 10 more days to acknowledge.

 

thanks

[ims21]

Hi and welcome to CAG

 

I've moved your thread to Legal Issues where the guys will be happy to advise as soon as they are available.

 

ims

[citizenB]

If the last payment you made was in 2007, then it will not be statute barred.

 

Statute barred timing is 6 years from the first payment missed (or last payment made + 1 month)

 

If a claim has now been issued you need to decide whether you are going to defend and on what grounds or admit and make some attempt to come to a payment arrangement.

 

You have a strict time line to adhere to.

 

Issue date (top right of claim form) + 5 days for service + 14 days to acknowledge the claim + 14 to submit defence = 33 days from date of issue.

 

What exactly does it say the claim is for ?

 

You will need to obtain as much information as you can. If a document is mentioned in the Particulars of claim, then you can send a CPR31.14 request to the Claimant's solicitor for that document.

 

You will need to obtain at the very least a statement of account showing how they have arrived at the amount they are claiming.

 

Did you ever receive a Default Notice, Formal Demand, Letter before Action.

 

There are some instructions to follow in the pdf below.

 

 

legal issues-compilation.pdf

[citizenB]

Do you know if there was any payment protection insurance on this loan. Have there been any default charges applied to the account.

 

Have you been receiving Notice of Arrears notifications.. from 2008 they should have been sent to you at least once a year.

[bluespiderman]

Have a look at my thread, similar situation.

 

As mentioned above you need to acknowledge, and send the CPR letter to the claimant ASAP. If defended correctly, it will all hang on whether the claimant has all the correct paperwork to back up their claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?331683-Defending-CC-Claim-Hillesden-Securities-Ltd

[BigDebtor1]

Hi sorry for the late reply,

here are the POC.

 

The Claimant's Claim is in respect of a credit facility, xxxxxxxxxxxx,

privided by Lloyds Tsb Bank Plc at the Defendant's request on xx/11/2003.

The agreement was subsequently defaulted.

Failure to meet requests for payment resulted in the account being terminated. On xx/06/2011,

all legal and beneficial interest for the monies was assigned to Hillesden Securities Ltd.

The Defendant was duly notified in writing of the assignment and that a balance of xxxxx was due.

The balance of xxxxx remains owing from the defendant.

 

also to make things clearer i have a property in joint name which we live in and is mortgaged with approx £60,000 equity, will i lose my home?

please could some explain the procedure as I have no experience at all,

 

from what I have read on the forums I understand i should send the acknowledge the claim from the website,

should I tick

1. I intend to defend all of this claim? and do I fill in the form N9B defend and counterclaim?

 

what should I right in the defence section?

[AndyOrch]

Hi Bigdebtor and welcome to CAG.

 

I assume this is a claim from Northampton and as such you can respond on line using the MCOL website.Firstly as per CB,s time line above you only need to acknowledge and enter you plea for now.Have you ever received a Default Notice or Notice of Assignment with regards to this debt?

 

Regards

 

Andy

[BigDebtor1]

Hi Andy thanks for your reply.

Yes this claim is from Northampton,

 

I think I might have received the default notice and the letter of assignment some time ago but I cant confirm this as i dont have it now,

 

also in resposnse to CB's question Im not sure if I had payment protection insurance on this loan I couldnt find any statements,

would I be able to find out what charges they have added and If I had any PPI on the loan by sending CPR31.14 request to the claimants solicitors?

also do I need to request SAR from the lender?

 

Thanks

[dx100uk]

you'd be pushed to get an sar back in time if they take the full 40days

 

maNY creditors now do a ppi hotline

 

why not give them a ring and ask if you had ppi and then if you you do get fwd motion

ask if there are any penalty fees levied too?

 

they might just send you the statements PDQ.

 

dx

[BigDebtor1]

Hi dx thanks for the info, i will try to find the hotline tomorrow and will let you know, thanks, but if I do get a hotline number and call them and give all my info will this mean I will accept the debt, just incase if it is SB. or unenforceable for any reason?

[dx100uk]

a PPI reclaim is nothing to do with acking a debt.

 

it might just wipe it out

or

give you a very good counter claim that blows then out the water and then drop it.

 

dx

[BigDebtor1]

Hi dx thanks for your help. This morning I called the Lloyds PPI helpline but they couldnt verify anything on this account they said I need to go to a branch or call the loan department for specific details about the loan, what would you advise me to do next?

 

thanks

[AndyOrch]

I would send a section 78 request for a copy of the agreement, thats only 12 days and will show (if they have a copy) if PPI was levied to said agreement.

 

Andy

[BigDebtor1]

Hi Andy thanks alot for your help. Are there any templates for section 78 request on here? also the loan was taken out in 2003 would the bank still hold the agreement?

[AndyOrch]

Its in the library section BD letter N from memory.If they don't have it they are going to struggle.

 

Andy

[BigDebtor1]

Thanks alot andy, is it section 78 of the CCA? Do I need to send a cheque for £1? also do I send it to the original lender or Hillesden?

[AndyOrch]

Thanks alot andy, is it section 78 of the CCA? Yes credit cards are sec 78 Do I need to send a cheque for £1? Postal Order better no signatures also do I send it to the original lender or Hillesden?

The Claimant on the summons Its also important to head the request " I do not acknowledge any debt with your company"

Send recorded delivery and retain proof, dont sign it with your usual signature.

 

Andy

[BigDebtor1]

Thank you andy, much appreciated.

[BigDebtor1]

Hi Guys, Please could someone look through the cpr request below and let me know if its ok? is it ok to add the Doc number 5, Statements, to substantiate that the amount is correct? or should I leave this out? thanks

Dear Sir,

Re: Hillesden Securities LTD v XXX XXX Case No: XXXXX7

CPR 31.14 Request

On 0X/0X/2012 I received the Claim Form in this case issuedby you out of the Northampton County Court.

I confirm having returned my acknowledgement of service tothe court in which I indicate my intention to contest all of your claim.

Please treat this letter as my request made under CPR 31.14for the disclosure and the production of a verified and legible copy of each ofthe following document(s) mentioned in your Particulars of Claim:

1 The agreement. You will appreciate that in anordinary case and by reason of the provisions of CPR PD 16 para 7.3, where aclaim is based upon a written agreement, a copy of the contract or documentsconstituting the agreement should be attached to or served with the particularsof claim and the original(s) should be available at the hearing. Further, thatany general conditions incorporated in the contract should also be attached.

2 The assignment

3 The default notice

4 The termination notice

5 Statements, to substantiate that the amount iscorrect.

You should ensure compliance with your CPR 31 duties andensure that the document(s) I have requested are copied to and received by mewithin 7 days of receiving this letter. Your CPR 31 duties extend to making areasonable and proportionate search for the originals of the documents I haverequested, the better for you to be able to verify the document's authenticityand to provide me with a legible copy. Further, where I have requested a copyof a document, the original of which is now in the possession of anotherperson, you will have a right to possession of that document if you havementioned it in your case. You must take immediate steps to recover andpreserve it for the purpose of this case.

Where I have mentioned a document and there is in yourpossession more than one version of that same document owing to a modification,obliteration or other marking or feature, each version will be a separatedocument and you must provide a copy of each version of it to me. Yourobligations extend to making a reasonable and proportionate search for anyversion(s) to include an obligation to recover and preserve such version(s)which are now in the possession of a third party.

In accordance with CPR 31.15© I undertake to beresponsible for your reasonable copying costs incurred in complying with thisCPR 31.14 request.

If you require more time in which to comply with thisrequest you must tell me in writing. You must tell me before the time for compliancewith this request has expired. In telling me you require more time you musttell me what steps you have taken and propose to take in order to comply withthis 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 agreeto an extension of the time for me to file my defence. Your extension of timemust be not less than 14 days from the date when you say you will have compliedwith my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believethat you will never be able to comply with this request you must tell me inwriting.

Please note that if you should fail to comply with thisrequest, fail to request more time or fail to agree to an extension of time forthe filing of my defence, I will make an application to the court for an orderthat the proceedings be struck out or stayed for non-compliance and a summarycosts order.

I do hope this will not be necessary and look forward tohearing from you.

Yours faithfully

[BigDebtor1]

also do I need to put my name, address and signature on the cpr request?

 

thanks would appreciate some suggestions.

[citizenB]

Yes, name, address and signature.. make it slightly different to how you would normally sign or sign over a grid of "X's"

 

XXXXXXXXXXX

XXXXXXXXXXX - Very light grey or pale yellow

XXXXXXXXXXX

[BigDebtor1]

Thanks alot CB.

 

Acknowledged, and just posted the CPR letter recorded delivery, lets see what they come up with. im hoping they dont have much

[BigDebtor1]

Hi guys need some advise just to clear things up,

 

Acknowledged Service on 20/03/12

Sent CPR 31.14 to Claimaint on 20/03/12, so am I right to expect reply by 29/03?

 

Do I need to send any SAR to the original Creditors or CCA section 78 request?

 

Thanks

[BigDebtor1]

Also Phoned northampton, lady said i need to send in defence by 08th April, just panicking abit if DCA's dont reply

[citizenB]

For the CPR you should allow a couple of days for it to get there. If they havent responded say by the end of the month then you can ask for an extension of time (CPR15.5) - you can do that by either phoning or writing to the solicitor or if they dont agree, you can make an application to the court.

 

I doubt very much you will get a response to a SAR before the defence has to be in as they are allowed 40 calendar days to comply with that. A CCA request should be complied with, within 12 working days + 2 for posting. You might just get that squeezed in.