Court papers received from Hillesden Securities/Black Horse

[Missie Moo Moo]

Hi All,

 

I have today received a County Court Claim from the County Court Bulk Centre for a loan that was taken out with Black Horse06/10/2008. I wish to defend this as while I have been making monthly token payments to Black Horse I have been getting bombarded with calls and letters from Hillesden Securities and their other company DLC. The calls have stopped following me sending them the harassment letter thankfully.

 

As I had received no notification from Black Horse regarding the assignment to Hillesden Securities/DLC, I requested that they send to me a copy of my CCA 13th June 2011 which they are yet to comply with.

 

The most recent threatening letter from Hillesden Securities/DLC prompted me to obtain copies of my credit file from Experian and Equifax, neither of them make reference to Hillesden Securities/DLC as a company that I should contact regarding the contained information. It would therefore appear to me that it is Black Horse who are still processing my information.

 

I know that there isn’t any PPI on this loan to enable me to counterclaim against, but I dispute their particulars of claim with regards to the assignment. I’d like to know if this is grounds for me to file a defence of their claim.

 

I have logged on to moneyclaim and acknowledged receipt.

 

Attached is a copy of the N1CPC Claim form

 

Any help or advice would be much appreciated.

 

Regards

 

MMM

Edited Hillesden Securities Claim Form.pdf

[asokn]

If you're sure that you received no notice of assignment from either the old or new creditor then that can indeed be a valid defence. Perhaps have a look at section 136 of the Law of Property Act 1925.

 

There are a few threads active at the moment where the validity of an assignment has been in issue (for example http://www.consumeractiongroup.co.uk/forum/showthread.php?333033-Dealing-with-a-Fast-Track-Application/page7), you may want to have a look at those to see what sort of points may arise in your case.

[Missie Moo Moo]

Thanks for that information Asokn.

 

I have just checked all of the correspondence that I have received from Black Horse, there is no letter of Assignment, no Default Notice and no Termination of the account.

 

Does this all add weight to my defence?

 

Regards

 

MMM

[asokn]

Yes, it does. If the account has not been properly assigned and/or closed then the creditor cannot proceed.

 

However, is the claim form in the name of the original creditor? Be careful because if the creditor has just instructed a DCA there is no assignment of the debt, it remains in the creditor's name and they can then bring a claim.

[Missie Moo Moo]

The claimant is Hillesden Securities Ltd, the original creditor is Black Horse.

 

It would therefore appear that they have just been instructed by Black Horse to commence proceedings, if this is the case what is the best way for me to tackle this?

 

Thanks for your input thus far Asokn.

 

Regards

 

MMM

[asokn]

If the Claimant on the claim form is Hillesden then they must claim to have the benefit of the agreement, therefore it must have been assigned to them.

[Missie Moo Moo]

Well as previously stated, a number of documents that I should have received are missing. Whilst this maybe the case I believe it's wrong to assume anything.

 

I will need some assistance from some of the Scholars on here to compile a defence.

 

Once again Asokn thanks for your input.

 

MMM

[asokn]

Sorry, I think my post was unclear. When I say it must have been assigned I mean it must have been for the claim to be properly brought, i.e. you are right to question why you have not received a notice of assignment as this suggests the claim has not been properly brought.

 

I wasn't meaning to say that the debt must have been validly assigned but I appreciate that is how my post read, apologies for that.

[Missie Moo Moo]

Hi All

 

I have drafted my CPR 31.14 Request which is below for comment before firing off to Aplins as the clock is ticking, any comments or suggestions would be much appreciated.

 

 

template removed - dx

[Guest]

looks ok (is the cag sticky 'template' http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage )

Edited April 17, 2012 by Ford

[asokn]

There's no apostrophe in 'Sirs'.

[Missie Moo Moo]

Thanks Ford.

 

I found it on another site, I will now post this first class recorded to Alpins in the morning.

[Missie Moo Moo]

Hillesden Securities Edited CPR31 Reply.pdfHi All

 

I have just received a reply to my CPR 31.14 request, it's only taken them nearly 2 months to reply.

 

Is it possible for someone to cast an eye over the attached documents and let me know your thoughts please? The debt sale agreement makes no mention of my name or original account number with Black Horse Limited, is that as it should be?

 

Thanks in advance

 

MMM