Hillesden Securities Ltd T/A DLC Claim Form -Blackhorse 'debt' - possible SB

[45degrees]

Hi, and apologies if I've filed this in the wrong section - sleep deprived trying to research how to respond to the above.

 

The particulars of the claim are:

 

The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Black Horse Ltd dated on or about Apr 30 2008 and assigned to the claimant.

 

PARTICULARS a/c no xxxxxxxxx

 

DATE ITEM VALUE

10/11/2015 Default Balance 7xxx.xx

Post Refri Cr NIL

 

TOTAL 7xxx.xx

 

Issued on 02 Dec and I've completed online acknowledgment of Service.

 

Reasons that this large debt exists aside for the moment, I'm 99.9% sure I haven't made any payments on the account since mid 2009 and I've certainly not responded or acknowledged the debt in any other form. Assuming that I'm correct about the last payment date, how would I proceed with defending this?

 

Do I write to the court, solicitors, or the claimant with a SB template letter - or should I seek more info on what they have on me?

 

Some help and direction with my next steps would be hugely appreciated as I feel my health is already suffering with the anxiety of it all.

 

Many thanks in advance.

[unclebulgaria67]

You could just enter the statute barred defence and it is then up to the claimant to prove otherwise. Obviously, if you have other issues about the debt, you would raise them, but you have not mentioned any. I can't see the point of sending a letter about SB date, but you could send the CPR 31.14 letter requesting all documents mentioned in their particulars of claim.

 

In a few minutes, i will provide a link to a thread which will help you and where you will find the CPR letter. Also i will add a note of the SB defence.

[unclebulgaria67]

See this link

 

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

 

It would help, if you could copy over the questions in comment 1 of the link and answer them on here. Then more advice could be offered.

[unclebulgaria67]

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 acticon 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 POCicon] or any other sum, or relief of any kind is denied.

.

[45degrees]

Thank you unclebulgaria for the info and time taken to reply.

 

There is nothing more mentioned in the particulars of claim and I think I'm just going to enter the SB defence to the court.

 

Will the courts then advise me of a hearing date or the response from the claimant, or do I need to do anything else?

 

Many thanks again.

[AndyOrch]

We would prefer you complete the link to provide all the details just to check its ok to proceed with the SB defence.

 

Regards

 

Andy