Hillsden DLC/? claimform - Black Horse Loan 'debt'

[rcl]

HI

 

 

I am wondering if someone can help me word defence to a CCJ application that my husband has just received from black horse.

 

 

I have 14 days to acknowledge and then 14 days to defend, but am struggling with the wording

 

I want to defend on the basis that

1. Id like a copy of the CCA agreement

2. I want statements to check the balance

3. The loan is statue barred

4. There is PPI on the loan

 

 

Can someone help please?

 

 

Thank you

[SabreSheep]

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

 

Please visit the link above and put the answers here so others may help you.

 

Also for statute barred you need to know 110% when the last payment/written acknowledgement was.

IF statute barred, that alone is a solid defence.

[rcl]

Name of the Claimant ? Hills den securities ltd

 

Date of issue – 13th November.

 

What is the claim for –

 

1.By an agreement between black horse ltd and the defendant on or around 22/05/2008, black horse agreed to loan the defendant monies.

The defendant did not pay the instalments as they fell due and the agreement was terminated .

The agreement was assigned to the claimant on 19/10/15.

2.The claimant therefore claims 1. £6897.70.

Interest pursuant to section 69. Blah blah

 

What is the value of the claim. A shocking £9705.11 plus £410 court fee plus £100 legal costs. TOTAL £10215.11

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Loan

 

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

The court forms say may 2008

 

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. Seems to be assigned to hills den securities, but no letter received advising me that the debt had been assigned.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

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

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Husband realised there was PPi on the loan. He applied to get the PPi back, and black horse said no. He ceased making payments because of this. In November 2014, black horse sent him s cheque for £2500 for the PPi on that loan He phoned and asked them to take the cheque amount off the balance due. They said they couldn't as the loan no longer belongs to them.

 

What was the date of your last payment? Unsure on this date, and there are no records on his credit files, which is why he would like copies of the signed coca agreement, and statements.

 

Was there a dispute with the original creditor that remains unresolved? No, but there was initially. Although they sent him a cheque for the PPi, they couldn't tell him how the amount was calculated.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No, the only reason he stopped paying was because of the PPi

[rcl]

Also - I can confirm I have sent a CCA request to Hillesden and a CPR request to the solicitors via email. I have also acknowledged the claim

[theoldrouge]

as you have acknowledged the claim your defence is not due until 15th dec, so await any replies till nearer the date which you MUST NOT miss

 

as to claiming sb you need to establish the date of the last payment from your bank ac/ackowledgement of the debt

 

thread moved to financial legal issues as claim has been issued, please continue to post here

[rcl]

Thank you I will post an update as soon as I receive anything back

[rcl]

Thank you I will post an update as soon as I receive anything back

 

Hillsden have asked for a ref number relating to the account as they are unable to find any records.

 

I've emailed back saying I don't have one, only the ref number on the court claim

 

The solicitors have written back allowing 28 days to submit defence and advised me to let the court know.

 

They have asked me to confirm what paperwork we do have before they send anything.

 

I will reply saying please just send everything, and I will forward their letter to the court

[dx100uk]

Why are you doing their dirty work?

 

Ignore them

Don't accept the extension

 

And get your holding/ no paperwork defence

On many threads here if you look

Filed on time.

 

Dx

[dx100uk]

When was his last payment made?

 

Dx

[Guest]

They have asked me to confirm what paperwork we do have before they send anything.

 

 

dont do that. let them send whatever they have; voluntarily, in re yr cca request, and cpr letter

[rcl]

Why are you doing their dirty work?

 

Ignore them

Don't accept the extension

 

And get your holding/ no paperwork defence

On many threads here if you look

Filed on time.

 

Dx

 

I will have a look - Thank you

[rcl]

When was his last payment made?

 

Dx

 

He cant be sure when the last payment was, however, he is confidant it was in excess of 6 years ago.

He has checked his credit file with Equifax and Experian, and there is nothing on either of those relating to this

 

Im hoping they will send the statements and I can just use the statue barred defence

[rcl]

dont do that. let them send whatever they have; voluntarily, in re yr cca request, and cpr letter

 

Done - Thank you for your help

[dx100uk]

I think I'd be filing the sb defence now its for them to prove its not SB'd not you to prove it IS.

 

The following defence is all you need if it is SB

 

1. The Claimant's claim was issued on (insert date).

2. The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3. The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

[rcl]

I think I'd be filing the sb defence now its for them to prove its not SB'd not you to prove it IS.

 

 

The following defence is all you need if it is SB

 

1. The Claimant's claim was issued on (insert date).

2. The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3. The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

 

 

Ok - will do. Thank you so much for your help

[martin2006]

just a thought or two here:

 

1,Before filing a SB defence you MUST be certain that there has been no payment or acknowledgement in the last 6 yrs, check bank statements etc.

 

2. Could the PPI claim be considered as acknowledging the account and therefore the debt owed?

[dx100uk]

I don't think I've ever seen a PPI reclaim being used as you acking the debt in court by a claimant.

[rcl]

Last payment was 1st December 2009!!! I don't know why, but he made monthly payments up to and including 1st may 2009, then the next payment was 1st December 2009

[martin2006]

No ive never seen it dx but was just wondering if it could be

[martin2006]

If thats correct rcl, it rules out the SB defence so you will now be looking down the holding/no paperwork route

[dx100uk]

yep well at least you now know your route

[rcl]

So, shall I submit defence before 15th December, or allow them an additional 2 weeks to give me their paperwork?

 

I've emailed hills den today and reminded them their 14 days is up today (Wednesday).

[dx100uk]

you really need to stop emailing anyone

 

 

its their problem they issued a speculative claim

hoping for a default rubberstamped undefended judgement

without any paperwork...NOT YOURS.

 

 

you file on time.

[rcl]

ok

 

I thought it might be better to defend based on what information they have, rather than defend based on their inability to provide information, and have it come back again at a later date. Can they do that?

[dx100uk]

please I am not being funny or critical

but

looking at what you have looked at thread wise on CAG you appear

[unless you have looked at threads whilst not logged-in]

to have browsed nor read any other relevant court threads.

 

 

CAG is also a self help site.

 

 

is this restons sols