?/? claimform - old Blackhorse loan - poss over 6 years old

[fabsc]

Hi

I have received a County Court Summons for a debt which was formally with Black Horse.

 

 

The last payment I made was to the best of my knowledge in Jan 2009.

 

 

I have not made any payments or sent any written acknowledgement of the debt since and it has been passed around various debt companies since.

 

 

Then Cabhoot bought it and it went to Mortimer Clarke,

 

 

it is not showing on Noddle.

 

 

Can they do this?

 

 

I already completed an online defence about this.

 

Thanks

[mikeymack2002]

Get a CCA request off sharpish. Don't sign the PO or letter. Send this to MC. Others will be along shortly...

 

Please complete this and repost your response..

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**%281-Viewing%29-nbsp

 

 

Then have a read on CPR here >> https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31 see 31.14

Edited December 17, 2015 by Andyorch
£1.15 not applicable

[unclebulgaria67]

Hi I have received a County Court Summons for a debt which was formally with Black Horse. The last payment I made was to the best of my knowledge in Jan 2009. I have not made any payments or sent any written acknowledgement of the debt since and it has been passed around various debt companies since. Then Cabhoot bought it and it went to Mortimer Clarke, it is not showing on Noddle. Can they do this? I already completed an online defence about this.

 

Thanks

 

Summons or court claim ?

 

Has there been a CCJ before ?

[citizenB]

Yes, if you can provide us with answers to the questions in the link that mikeymack has provided for you, we can help further.

 

What type of debt is this ? Loan ? - secured/unsecured ?

[fabsc]

Thanks for the replies. its actually a claim form. The loan for an unsecured loan from 2005.

 

And there has been no CCJ before.

[citizenB]

And you have submitted a defence already ?

 

Can you please tell us what you put in the defence and did you submit via MCOL ?

[dx100uk]

link in post 2 please

get that done so we can properly advise you please

 

 

dx

[fabsc]

Yes I submitted it via MCOL,, I advised them that I had not made any payments since Jan 20090 or acknowledged the debt in writing . I advised that I believe the debit is statued barred re act of limitations 1980

[mikeymack2002]

It is very important that you fill in the link on my post at #2 please we may be able to help you better than doing this on your own.... This is what CAG does...

[fabsc]

Name of the Claimant ? Hillesden Securities ltd

Date of issue – . 14 December 2015

 

What is the claim for –

 

 

1. By an agreement between Black Horse ltd and the defendant on or around 26/07/2005.

black Horse agreed to lend 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.

 

 

the claimant therefore cliams £2375.96

 

What is the value of the claim? £2375.96

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

When did you enter into the original agreement before or after 2007? 2005

 

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. The assigoned debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? yes

 

Did you receive a Default Notice from the original creditor? cannot remember

 

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

 

Why did you cease payments? Financial difficulties

What was the date of your last payment? January 2009

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 management plan? No

[theoldrouge]

If you have already submitted your defence, then the next move is theirs, to decide whether or not they wish to continue the claim

[AndyOrch]

fabsc can you recall which company issued the first claim for this debt and what date ?...and have you retained the paperwork from the first claim?

 

Regards

 

Andy

[fabsc]

Unfortunately I cant remember, and I dont have the original paperwork. I has been passed around so many debt companies over the years.

[fabsc]

Ive still got the original loan agreement from Black Horse oddly enough, theres alot of ppi on it and i didnt tick thr box that said i wanted it either!

[fabsc]

Is it better to send an SB letter or a CCA request first? Thanks for all your help .

[AndyOrch]

Is it better to send an SB letter or a CCA request first? Thanks for all your help .

 

Neither if you are 1000% sure its statute barred...thats why I asked for information on the previous claim as a claim stops the clock with regards to statute of limitations.