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    • why not use our default holding/no paperwork defence in 100's of recent card claimform threads here already? not sure wherever you got that from but its not ours, not present day. dx    
    • This thread has been dawdling along for a year. We ask questions and we don't get any answers. Then the thread goes completely to sleep for about 10 months and we get a request today to reopen it and we are told that there is a court date in June – in just a few weeks. We would like to see please – the claim form in PDF format. The defence – in PDF format. Any documents which you have received and filled out such as directions questionnaires et cetera in PDF format. We also would like to see a comprehensive bullet pointed list of events – what you sent, when you sent it, the value of it, who do you send it to, was it properly declared, was the value properly declared – and any anything else you can think of. I think you need to realise that we are all volunteers here and we have our work cut out helping people who feel involved and committed to sorting out their problems. I'm sorry to say that the impression the moment is that you aren't really very interested. If you can't give us the information that I have asked above and also answer the other questions that I put to you probably a year ago, then I think that we may as well close the thread. I'm sorry you think I'm being tough – but this is a serious forum for serious legal advice. The people we advise on parcel delivery issues always get their money back but they have to take it as seriously as we do. It is not just a piece of social media. I'm closing the thread for the moment. If you have the information that we require then please use the report button and we will open the thread again so that you can post it up. Then we will be able to help you Thank you
    • after a lot o reading the following is my defence statement  as I understand it I need to respond to all points in the particulars   Any help would be appreciated  DEFENCE  1) aa claim for money , the burden of proof in any allegation to the amount of money claimed to be owed remains with the claimant . And be proved unless the defendant Denies it. I deny all allegations made by the claimant  Therefore, the Claimant Is required to prove the allegation that the money is owed as claimed. The Claimants particulars of case  Does not give sufficient information to enable me to properly assess and defend the claim. 2)The Claimants particulars of claim states that the account was assigned from capital one to on 18/03/2021. I do not recall receiving notice of this assignment. A request for this has been under the consumer credit act to the claimant on17/05/2024 And I am awaiting a reply.  3) Similarly to the above point I do not recall being served with a Default notice by capital one as required by s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served on the Defendant And also required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and it is in a prescribed form  A request under has been made to the claimant’s solicitor on 17/05:2024 under CPR 31:14 and I am waiting for a reply  4) The consumer credit act also makes it incumbent upon the creditor to send regular statement of accounts to a debtor. Again I do not recall receiving these A request for this information has also been made under CPR31:14 on 17/05/2024… and I am awaiting a reply 5) As no documents that have been requested from the claimant have yet been received by me I ask the court for more time to receive and inspect the documents and have the opportunity to mount a more thorough defence      
    • who did you put as the claimant? was it Parcel22Go.com we'll need theirs and your full WS too if they've been filed yet?
    • Hi everyone, I have a court hearing date scheduled for June regarding this case. The service in question is Evri International, which I booked through Interparcel. However, I am aiming to hold Parcel2Go.com (P2G) liable because they operated the Evri International service. The Evri International website, which is operated by Parcel2go.com Limited (with company number 02591405) under the Evri brand. Given that my booking was made through Interparcel and not directly with P2G, am I still in a position to take Parcel2Go to court? Any advice or insights would be greatly appreciated. Thank you!
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Hillesden/dlc/mortimer clarke/ Black horse ccj claim


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hi all,

 

A Family member has just received a ccj claim form,

 

 

I have filled the form out as best i could,

we are almost 100% sure it is statue barred

and believe they are just chancing it,

 

Hillesden securities Limited t/a dlc

Date of issue – 14 DEC 2015

What is the claim for

– The claim is for the balance of installments due & unpaid under an agreement dated 12/07/2005

& under which Black Horse LTD agreed to sell the defendant goods for a price payable by installment('the agreement').

The agreement was assigned to the claimant.

PARTICULARS 1.

Amount due & unpaid £1000 THE CLAIMANT THEREFORE CLAIMS

1. Amount due & unpaid £1000

 

What is the value of the claim? £1000

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

When did you enter into the original agreement before or after 2007? The loan is from 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. It has been passed onto Hillesden Securities Limited t/a dlc

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure

 

Did you receive a Default Notice from the original creditor? Not sure

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

Approx. 2 month ago we received 5 annual statements of accounts dated from 28/09/2010-11/07/2015,they all come on the same day

 

Why did you cease payments? It looks like no payments were ever paid

What was the date of your last payment? It looks like no payments were ever paid

 

Was there a dispute with the original creditor that remains unresolved? Dont know

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? No

 

We have not acknowledged the claim yet but I have set up the login online etc,

We want to defend the claim and are going to use the statute barred as defense,

 

 

I am just wondering what wording i need to put for this and should i wait the 19 + 14 days or just submit it straight away ?

 

Also I have not sent any cpr request as of yet

 

cheers in advance

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That's about the 3rd or 4th hillies dlc blackhorse claim we've seen in the last 10 days

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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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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wouldn't hurt to ring Blackhorse and ask

 

 

unless the statements confirm that already?

 

 

if so file the SB defence now as you suggested..

 

 

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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  • 3 weeks later...

Latest update

 

We have received two letter from Mortimer Clarke both arrived on the same date, the first was a Without prejudice Save as to costs, offering a 40% discount,which we are not interested in, the second was a reply to our defense basically saying it is NOT statute barred as the agreement was actually terminated in august 2010,

 

I always thought 6 years after the default date is when it becomes statute barred,is this not the case now?

 

Any advice on what we should do next

 

cheers

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no not even the default

its about 2mts after your last payment.

 

 

trying it on

stand your ground.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?457344-Hillesden-dlc-mortimer-claimform-Black-horse-car-loan-(Stat-barred-)&highlight=floydian

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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That is what I was thinking to be honest, Is it worth replying to the solicitor to say that I believe it is statute barred and there for would be happy to see them in court or just leave it to see what they do within the courts date.

 

cheers

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no sit tight

 

 

from term date will be a first!

 

 

go read that other thread I linked.

 

 

hillies have issued 1000's of these claims

hoping for default judgements

 

 

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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  • 3 weeks later...

I have just checked online and I have still had no response to my defense, the exact date the defense was received was the 21/12/2015 so i believe I am past the allocated time for a response,what should I do next?

 

thanks

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Nothing after 33 days its auto stayed

 

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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Go read a few claim form threads here..

 

It means that unless the claimant now pays a fee to progress the claim its going nowhere. Stayed.

 

Mcol ends once you file your def

 

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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