Aplins/Hillsden claimform - Black Horse Loan 'debt'

[jasperpad]

I have sent the SAR and received it showing my name and signature.

 

 

My question is this;

if I borrowed the money from Black Horse, surely my debt is with them and no one else.

 

I am also a bit peeved as if the SOLD the debt to Hillesden,

then Black Horse has decided that this debt is a bad debt so got rid of it and as such have put the amount .

.. some £3900 against their annual tax and

I assume Hillesden paid between 10 p and 2p in the pound to buy the debt.

 

My question is who is the debt with?

 

 

I believe it is still with Black horse which makes Hillesens claim irrelevent.

 

Am I right?

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

 

please fill the above out and post the results here.

 

 

I would assume you've received a Notice of Assignment?

 

 

on the claimform [the claimant] will show who owns the debt.

 

 

dx

Edited October 27, 2014 by Andyorch
Assignment not Allocation

[jasperpad]

Claimform date : 08 October 2014

 

 

 

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.

 

From the claim form;

 

 

“The claimants claim is in respect of a credit facility,

provided by Black Horse Ltd at the defendant’s request on 16/03/2006.

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

On 30/07/2013, 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 3947.38 was due.

The balance of 3942.28 remains owing from the defendant.

 

What is the value of the claim? £4208.00 including fees of £265.00

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? 14th March 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.

No the claim has been issued by Aplins on behalf of Hillsdens not Black Horse

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I can recall.

Did you receive a Default Notice from the original creditor? Yes.

 

 

However I spoke with Black Horse as soon as I got into financial difficulties and

they agreed that I could pay the monthly sum of £5.00.

The next thing I knew was that Hillsdens contacted me to say that they owned the debt.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? “I am not sure”

Why did you cease payments:- “because my debt is/was with Black Horse”.

Was there a dispute with the original creditor that remains unresolved? “Not that I am aware of”.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a DMP

 

 

“Yes as stated I spoke with Black Horse and they agreed a payment plan of £5.00 per month which I managed to comply with”.

[dx100uk]

date on the claimform top right please

 

 

dx

[jasperpad]

the date is 08 October 2014

 

date on the claimform top right please

 

 

dx

[jasperpad]

I have sent a reply stating that I do not acknowledge the debt and

 

 

I have sent a SAR which could take up to 40 days and

 

 

have asked for the court case to be postponed for this period until I get their reply which has arrived.

[dx100uk]

what do you mean a reply - to whom?

 

 

sar is no good.

 

 

have you ack'd [AOS] the claim - defend all

 

 

have you sent CCA and CPR off?

 

 

not sure where you have been getting guidance from

but it sounds very much like a FOTL site

if so, forget that rubbish now.

 

 

dx

[AndyOrch]

" have asked for the court case to be postponed for this period until I get their reply which has arrived."

 

[jasperpad]

I have received a reply from Aplins with the paperwork. What is a CCA or CPR?

 

thanks

what do you mean a reply - to whom?

 

 

sar is no good.

 

 

have you ack'd [AOS] the claim - defend all

 

 

have you sent CCA and CPR off?

 

 

not sure where you have been getting guidance from

but it sounds very much like a FOTL site

if so, forget that rubbish now.

 

 

dx

[dx100uk]

so you have never sent a CCA request since you got the claimform?

 

 

what have aplins sent to you - the credit agreement?

 

 

dx

[jasperpad]

Hi

 

All Aplins have sent is the credit agreement plus a sheet showing what they have as their telephone conversations with me

 

 

I at no time spoke with them always saying that I will not go through their supposed security questions.

 

 

I have always asked if they can prove who they are and at no time were they able to do so, in the same way that they could not prove who I am!.

 

As you ask I have not sent a CCA request but this will be put right immediately.

 

 

so you have never sent a CCA request since you got the claimform?

 

what have aplins sent to you - the credit agreement?

 

dx

[jasperpad]

Hi

 

I ahve received the credit agreement which is exactly the same as they sent with my SAR.

 

The form states that my agreement is with Black Horse.

 

What do I do next?

 

I have not sent a reply to the county court claim apart from asking for an extension to the time.

[dx100uk]

can you tell us EXACT what you have done with regard the COURT

 

 

have you completed AOS and ack'd the claim

 

 

and sent a defence already?

 

 

dx

[jasperpad]

I have not sent a defense yet but today I received a court date.

 

I am a bit confused because in the claim it says that the debt was assigned and in another part says it was sold!!

 

I am not sure how to defend this right now.

 

the date of the hearing is supposed to be 18th March but the claimant has requested judgement without a hearing, I do not want this as I am unable to pay the money as I am now on state pemsion.

 

I was paying a nominal amount to Black Horse and they just sold my debt on and returned my last payment.

 

I do feel that I have been "done over" in that I was happy to continue to make the payments to Black Horse but not to someone who has probbly paid between 10 and 20 p in the pund for my debt.

 

I do not acknowledge this debt to Hillseden but do to Black Horse, (are they related?).

 

any advice will be very much apreciated.

[dx100uk]

I have not sent a defense yet but

 

 

today I received a court date.

 

I am a bit confused because in the claim it says that the debt was assigned and in another part says it was sold!! SAME THING

I am not sure how to defend this right now. can we see the agreement please

the date of the hearing is supposed to be 18th March but

 

 

the claimant has requested judgement without a hearing,

 

 

I do not want this as I am unable to pay the money as I am now on state pemsion.

 

I was paying a nominal amount to Black Horse and they just sold my debt on and returned my last payment.

 

I do feel that I have been "done over" in that I was happy to continue to make the payments to Black Horse but not to someone who has probbly paid between 10 and 20 p in the pund for my debt.

 

I do not acknowledge this debt to Hillseden but do to Black Horse, (are they related?).

 

any advice will be very much appreciated.

 

 

the debt has been sold ..end of the matter

 

 

you REALLY need to drop this freedom of the land stuff you appear to be reading.

 

 

you said you got an extension to file [28 days?]

whens that deadline up

 

 

I think you should have defended months ago!!

 

 

dx

 

 

 

 

dx

[obiter dictum]

I will let others respond but I have just been through this with hillisden, Black Horse and Aplins. You can go all through the process like I have and all you will have left is an assignment issue as to a defence. I stood a good chance of the judge throwing that out and me ending up with a CCJ. Alpins will come back with the goods as to any documentation requested.

 

 

If you owe the money negotiate with Aplins. I was successful in getting a Tomlin Order and no CCJ

 

It is your choice but I was satisfied myself with the outcome in my case