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Hillesden court claim - black horse loan


Scottyq812
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Hi All,

 

I first received court papers from Aplins on behalf of Hillesden Securities dated 6th August

 

Read alot on here and sent CPR request to Aplins Solicitors,

immediate response saying they were in touch with their client and would agree to an extension of 28days.

 

Acknowledged online on 18th August

 

Sent CPR15.5 letter to court with copy of Aplins letter.

 

No response so

 

 

phoned court and advised to enter defence.

 

 

Defence entered and accepted on 11th September, was a couple of days late but they accepted.

 

Not heard anything since from anyone.

 

Is it likely this has now been stayed and what should I be doing?

 

Appreciate advice and thanks

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I am not sure you can do anything, but wait to see what happens. The claimant would need to provide you with the CRP requested info and then advise the court they are ready to continue. I guess that the allocation questionnaires are sent out and when the court gets these back a hearing date is advised.

 

The bit I am not sure on, is whether on receipt of the CPR info you can submit an amended defence. There must a process to do this.

 

I am sure those more aware of the court process will advise you further.

We could do with some help from you.

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Once the defence has been submitted, hillisden will have 28 days to respond if they wish to continue.

 

 

If they do it will be transfered to your local court.

 

 

The court will then send out a Directions questionnaire.

 

 

The court will then set a date for trial through a directions order in which Hillisden will have to pay the hearing cost of £170

and set a date in which court bundles to be exchanged by.

 

 

The trial is then normally two weeks following.

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did you CCA also?

 

 

what was the account Type

 

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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did you CCA them since the court claimform?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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so we have the info

 

 

If you could read and complete the following posting your responses here to enable us to give you the correct advise on how to proceed.

 

http://www.consumeractiongroup.co.uk...D-April-2014**

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Name of the Claimant ? Hillesden Securities LTD

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 06 Aug 2014

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = 25 Aug + 14 days to submit defence = 7 Sept (33 days in total) -

 

 

I acknowledged on 18th August and filed defence on 11th September after contact with court, no response to CPR15.5. Have accepted defence.

 

What is the claim for

– the reason they have issued the claim?

Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

The claimants claim is in respect of a credit facility acc no xxxxxxxx provided by Black Horse Ltd at the defendants request. On 21/06/2006.

Failure to meet requests for payments resulted in the account being defaulted .

On 29/03/2012 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 £3349.

The balance of £3349 remains owing from the defendant.

 

What is the value of the claim? £3349

Is the claim for a current or credit/loan account or mobile phone account? LOAN

When did you enter into the original agreement before or after 2007? Before 2006

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Cannot recall I was living abroad

Did you receive a Default Notice from the original creditor? As above

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not aware that I have

Why did you cease payments:- Loss of employment

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? May have done.

 

 

This is a joint action with the other defendant being my wife whom I am seperated.

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did you send a cca request?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

oh dear, they can ignore the CPR but not a CCA request.

 

 

not sure if it will help at this late stage

but send the claimant a CCA request

by recorded tomorrow

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

ues click the link in my post

 

 

do not sign the letter or mark the PO with anything

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 4 months later...

Morning

 

Had an update from the court today. Aplins have applied for the stay to be lifted the defense struct out and judgement made. They have applied for this with no hearing.

 

By looking at it the deputy district Judge has said no wants it transferred to my local court and the application to be heard.

What next guys please?

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did you send the CCA request as advised

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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So you now need to deal with their application.......has the court sent you a copy of their application N244 and any witness statement in support of ?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Hi Andy,

First page dated 13th Feb is Notice of Transfer of proceedings. This states at the bottom as result of an order made on 13th Feb.

Then there is a general directions order which states; the application to lift the stay, strikeout the defence and enter judgement must be heard on notice to the defendants.

 

There is then a copy of the N244 which lists a number of exhibits but no copies included, Joint loan agreement, default notices, debt sale agreement, account information, assignement was sent by outsourcing company so also screen shot showing instruction from claimant to outsource company, statement of account. and finally a copy of the disclosure letter.

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Look at the order they are requesting within the N244......what does that state and have they provided a witness statement?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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An order lifting the stay and striking out the defence under cpr3.4(2)(a) as it discloses no reasonable grounds for defending the claim.

No witness statement just evidence set out in box which is the bit that refers to all of the exhibits, which are not copied.

 

Just a thought around outsourcing, can they share my detail with another firm without breaching data protection? Hillesden have no agreement with me only to extent they purchased debt from black Horse?/

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if they have bought the debt hey have all the rights of the OC

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

So they want strike out without an hearing and dont even support it with a witness statement...no mention of summary judgment?

 

 

You can already see the courts response to no hearing...let us know when you get a date of the hearing Scotty.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Then you should be drafting a witness statement (today) in response with objections as to why their application should fail...this should be served on the court and claimant not less than 7 days pre hearing.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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