sick vs Hillesden securities / Alpins

[sick.as.a.chip]

Hello again all, I have already been here before spookily almost 1 year to the day when I got CCJ paperwork from Arrow Global and the case was struck out in the end. This time its Hillesden Securities and they already seem to be better prepared than the last lot!

I'm after a bit of guidance if possible please:

Claim form from Northampton CCBC dated 2nd May 2012

Claimant Hillesden Securities Ltd

Via Alpins.

POC:

The claimants claim is in respect of a credit facility, ACCOUNT NUMBER, provided by Lloyds TSB Bank PLc at the defendants request on 03/12/1999. The agreement was subsequently defaulted. Failure to meet requests for payment resulted in the account being terminated on 15/07/2011, 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 the balance of £2341.65 was due. The balance of £2341.65 remains owing from the defendant.

 

OK I have done the AOS on line on 15th May with the intention to defend in full.

On 16th May I sent a CPR request 31.14

On 16th May I also sent Section 78 request with £1 postal order.

 

Today I got a letter from DLC Direct Legal Collections (trading name of Hillesden securities) saying the following:

 

We have been passed a copy of your letter dated 16th May 2012 by our solicitors.

We acknowledge receipt of your request for information filed in accordance with Part 31.14 of the civil procedure rules.

We are still awaiting copy documentation from the original lender and will forward it to you in due course. We confirm that your account will remain on hold until we have done so.

Should you require an extension of time to file your defence pursuant to part 15 of the practice directions we will consent to an extension of 28 days.

You have also requested a copy of your credit agreement under s.78 Consumer Credit Act 1974. As you have requested a copy of this document as part of your CPR Request, we are returning your fee.

Yours sincerely

Litigation department.

 

The thing that is giving me some worry is that these lot sound a whole lot more on the ball than the last lot as they have already anticipated my request for an extension (which I have not yet asked for waiting as I was waiting for the reply to my requests!)

Am I on the right track and I'm not sure what difference it makes that it is through Northampton (last time it was the local court to the solicitor) I am sure last time I was advised that Northampton do things automatically without the request of the claimant so how do I go about the extension they have agreed in the letter??

Many thanks in advance if anyone is free to help me out again!!

[AndyOrch]

Hello Sick my old friend I trust you are well, apart from....

 

So what will the defence be based on?

 

Regards

 

Andy

[sick.as.a.chip]

Hi Andy!! Oh I was hoping you would visit!!! thank you,

defence will be based the same as last time it will be to see what they can prove.....

 

this letter has just unsettled me slightly as last time arrow global had no idea what they were doing and this lot seem a bit more on the ball!!

Hope you are keeping well and so glad your still around!!

[AndyOrch]

Always around I lock up on the way out:madgrin:

 

No the difference here is the these lot think they know what they are doing:wink: Have you submitted your extension CPR 15.5 to get the full 56 days?

[sick.as.a.chip]

Thats reasuring Andy thanks, I got the letter agreeing to an extension I had not requested this morning and was not sure of the process with Northampton (last time it was the sols local court) Do I need to send a copy of the letter from DLC to the court to say they have agreed an extension or will I need to get them to agree an extension date in writing? I'm thinking I need to get them to agree an ACTUAL date and to confirm it in writing to me which I need to confirm to the court? Does it matter that I have sent my AOS on line rather than by post?? Northampton is confusing me!!

[AndyOrch]

Copy that letter and attach a cover letter from you requesting an extension pursuent to CPR 15,5 as agreed in the attached with the Claimant.Post to CCBC then check its receipt and that its on the system Ie new defence date is ....?

 

No problem with MCOL better and far more secure than posting everything.

 

Regards

 

Andy

[sick.as.a.chip]

Thanks Andy, most appreciated!! Will do that in the morning!!

[sick.as.a.chip]

Andy, can I just check my dates?

Date on the claim form is 2nd May.

5 days = 7th May.

AOS takes it 28 days from 7th May to 4th June 2012.

the letter states I can have an extension of 28 days so do I add that to my 28 days from my AOS tking me to 2nd July (4th june + 28days = 2nd July)

And do I put all that in my letter to the court and send a copy to the solicitors and just for good measure to the claimant who agreed it??

Just trying to get it straight in my head!!

[AndyOrch]

Yes correct, state extension of 28 days, ie 2nd July will be my new date for submitting my defence.

 

Regards

 

Andy

[sick.as.a.chip]

Thank you!!

[AndyOrch]

You dont need to send anyone else a copy but the Court Sick.

 

Andy

[sick.as.a.chip]

Spoke to the court who have advised me that they have not processed my letter yet and that they "basically dont care its up to the claimant when they apply for judgement we just put a copy of the letter on file" am I still working with my extended date??

[AndyOrch]

Yes thats how it basically works Sick as long as you have their agreement in writing then they cant (shouldn't ) request judgment before that date.

 

Andy

[sick.as.a.chip]

Thanks Andy, last time it was through a local court but this claim is through MCOL does it matter??

Edited June 7, 2012 by sick.as.a.chip
oops

[AndyOrch]

Thanks Andy, last time it was through a local court but this claim is through MCOL does it matter??

 

Nooo

[Battlescars]

Hi Sick (& Andy), in same boat too. same dates to submit by.

 

Just doing the research to prep my defence, although I'm off out now. Still waiting on DN & NOA from my CPR requests. I will follow your thread: (mine's here http://www.consumeractiongroup.co.uk/forum/showthread.php?351516-County-Court-Claim-Hillbillies-(prev-MBNA)&p=3847236&viewfull=1#post3847236

been away this week so trying to catch up)

 

PS. Court said same thing to me regarding extension.

[Battlescars]

Hey sick, how you getting on with you defence?

[sick.as.a.chip]

Hi, defence day today and I have prepared the following, just wanted to check it sounds ok before i hit "submit"!!!

 

THE DEFENDANT IS UNABLE TO PLEAD DUE TO THE CLAIMANTS FAILURE TO

COMPLY WITH ITS CPR 31.14 DUTIES IN DISCLOSING THE REQUESTED

DOCUMENTS.AS REQUESTED FROM THEM BY LETTER DATED 16TH MAY 2012 AND

AKNOWLEDGED BY THEM BY LETTER DATED 18TH MAY 2011. THEY HAVE ALSO

FAILED TO PROVIDE A COPY OF THE CREDIT AGREEMENT REQUESTED UNDER

SECTION 78 OF THE CONSUMER CREDIT ACT 1974, REQUESTED FROM THEM BY

LETTER DATED 16TH OF MAY AND AKNOWLEDGED RECIEPT BY THE CLAIMANT

VIA LETTER ON 18TH MAY 2012.THE DEFENDANT RESERVES THE RIGHT TO

AMEND THIS DEFENCE

 

and Hi Battlescars and welcome I'll have a look at your thread too thanks!!

[sick.as.a.chip]

oh and sorry forgot to mention I have not had anything back from sols or claimant since they said they would get the info and my account would be on hold till they do!!

[Battlescars]

Hi Sick, hope you didn't have the problems with submitting that I had today. good luck

[sick.as.a.chip]

Hi Sick, hope you didn't have the problems with submitting that I had today. good luck

Thanks! See what happens now. Does anyone think my defence is ok?

[AndyOrch]

Here is an alternative feel free to edit or merge

 

 

o I, ********** of ************** make this statement as my defence to the claim brought by **************

o The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR16 even allowing for the constraints of the bulk issue system

o No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information CPR31.14 none has been forth coming and as a result I cannot plead in defence to the claim

o The claimant pleads that the claim is brought under a regulated credit agreement regulated by the Consumer Credit Act 1974,but is yet to comply with my section 78 request.

o Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit

o Further to that above , the defendant is unable to plead effectively or at all.

 

Regards

 

Andy

[sick.as.a.chip]

Here is an alternative feel free

 

 

o I, ********** of ************** make this statement as my defence to the claim brought by **************

o The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR16 even allowing for the constraints of the bulk issue system

o No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information CPR31.14 none has been forth coming and as a result I cannot plead in defence to the claim

o The claimant pleads that the claim is brought under a regulated credit agreement regulated by the Consumer Credit Act 1974,but is yet to comply with my section 78 request.

o Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit

o Further to that above , the defendant is unable to plead effectively or at all.

 

Regards

 

Andy

Wow! Thanks andy!

[sick.as.a.chip]

All done, just need to see what they do next!!!

[sick.as.a.chip]

well i am officially living up to my name now.... Sick as a chip! Today a copy of a credit agreement has turned up in the post with an offer to settle for a discount and a letter to say they are looking for the rest of the documents i have requested and will send me them as soon as they find them! Can anyone advise how i can post them here to make sure they are ok? Thanks!