Hillesden/DLC/Mortimer Clarke - Claimform - Blackhorse Loan***Claim Discontinued***

[Constantly troubled]

Sorry if I'm repeating old info, I have had a read of other posts but these all seem to be at CCJ defence stage and I'm not there yet! Details are as follows:

 

Hillesden have been chasing me for a payment of £848 for as long as I can remember. The debt was passed to DLC and most recently to Cabot. Mortimer Clarke are now chasing me on behalf of Cabot and claim that they will take me to court if I don't respond with a suitable payment arrangement.

 

The van was returned in 2007 and my last payment on the debt was Sept 2008 (according to them). I do not know when it defaulted exactly but I do know it's no longer on my credit file. I wrote a SB letter to them but they have now responded stating that the contract was not terminated until August 2010! They say that means they can now take me to court.

 

How do I proceed?

[AndyOrch]

Thread moved to the appropriate forum.

 

Regards

 

Andy

[dx100uk]

I think you need to read the letter properly

 

 

doesn't say WILL do anything.

clever wording .

 

 

and ofcourse the SB date runs from say 1 month after last payment

 

 

let me guess

this is a blackhorse loan...?

[Constantly troubled]

Oh don't worry, I'm not ready to throw in any towel right now, I just wondered if they were correct about the termination of contract date, how would I find that out and how should I respond?

 

I'm happy to completely ignore them!

[Constantly troubled]

An update on this, I have received court papers today. I'm going to defend the claim (obviously) on the basis that the debt is SB. Do I need to write to Black Horse for a SAR? will it make much difference? I know when the last payment was made to them and it was definitely over 6 years ago, it's just whether the courts take their contraction termination date rather than the last acknowledgement date.

 

Also, can I submit my defence now or should I wait until nearer the deadline?

 

Thanks

[AndyOrch]

Moving you to Financial Legal Issues Constantly troubled..in view of the claim received.

 

Andy

[Constantly troubled]

Ah ok, sorry, I didn't think about that.

 

Thanks Andy

[AndyOrch]

If you would read and answer the following the link...posting your responses here to enable the best advice on how to proceed with the claim.

 

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

[Constantly troubled]

Name of the Claimant Hillesden Securities Ltd T/A DLC

 

Date of issue – 13 Jan 2016

What is the claim for – the reason they have issued the claim? The claim is for the balance of instalments due and unpaid under the agreement dated 4/4/06 and under which Black Horse Ltd agreed to provide credit in relation to the purchase of goods payable by instalment (“the Agreement”). The Agreement was assigned to the Claimant. PARTICULARS 1. Amount due and unpaid £850 THE CLAIMANT THEREFORE CLAIMS 1. Amount due and unpaid £850

What is the value of the claim? £980

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? April 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. Assigned

Were you aware the account had been assigned – did you receive a Notice of Assignment? I can't remember

Did you receive a Default Notice from the original creditor? Yes, I have a vague recollection of that

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

Why did you cease payments? Was out of work and had no funds to pay

What was the date of your last payment? September 2008

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

[AndyOrch]

" What was the date of your last payment? September 2008 "

 

Then surely its statute barred.

 

Acknowledge the claim today and submit your defence at the same time.

 

Have you got the draft for a statute barred defence?

 

Andy

[Constantly troubled]

No but I'm sure I can find one on here somewhere? If you read the beginning of my thread, they wrote back to me to say that the contract wasn't terminated until August 2010, therefore, it's not SB. Could there be any credence to that? I ignored them but they have issued court papers anyway.. Is this a usual tactic for them?

 

Thanks for your response Andy.

[AndyOrch]

If it was a fixed term loan and you defaulted for whatever reason then the whole is payable and terminated on that missed default pursuant to the T&Cs of the agreement...so you state your last payment was Sept 08 and they state that it was terminated Aug 10....2 years after the default...have they disclosed documents to prove that?....

 

Here is the SB defence

 

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 breach of contract was September 2008.The Claimant contends that the account was terminated August 2010...23 months after the breach.

 

4. The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

[Constantly troubled]

Hi Andy

 

Would the fact that it was a car loan have any effect on the above? Would there be something in the terms and conditions that state the default date is not the start of the SB clock but the date that they decide to terminate the agreement?

[AndyOrch]

Hi Andy

 

Would the fact that it was a car loan have any effect on the above? Would there be something in the terms and conditions that state the default date is not the start of the SB clock but the date that they decide to terminate the agreement?

 

Have you checked the T&Cs of the agreement?

[Constantly troubled]

Have you checked the T&Cs of the agreement?

 

I've had a swift scout through but can't see anything specific. I actually terminated the agreement with them when I sent the vehicle back in 2007. The balance is what they say I owe resulting from depreciation/resale value etc.

[dx100uk]

what do you mean you sent the vehicle back?

did you voluntary surrender or was it voluntary termination.

[Constantly troubled]

Sorry I didn't get notification of a response to my post and I had to find the thread through an old email?

Anyway, this is the situation, as far as I remember it:

 

The vehicle was returned because it was used for self employment and that ended.

 

 

They billed me for the shortfall (post re-sale) and that's the amount they are chasing.

 

 

I may have made a small payment here and there (it's so long ago) but I know it's over 6 years.

 

 

According the letter they sent after the SB letter, it was Sept 2008 but they only terminated the contract in August 2010.

 

 

I find this ludicrous when surely I terminated the agreement myself by arranging for collection of the vehicle? There was no repossession of the vehicle!

[dx100uk]

yes but did you fill in a voluntary termination letter etc under the CCA sec 90?

if not it was VS and you are liable for the whole lot.

 

 

theres not direct relationship between defaulted date and SB date.

sb will be a few months after your last payment

does your cra file hold this debt and payment details?

 

 

dx

[Constantly troubled]

I don't have any recollection of signing anything,

I just rang and asked them to collect it.

 

 

The bill duly arrived.

 

 

There is no record of this on my credit file and hasn't been for at least the last year.

 

Is this a good or a bad thing?

[dx100uk]

what date did you hand the car over?

 

 

why not ring BH and ask?

 

 

dx

[Constantly troubled]

Without any phone call to them I know it was before October 2007 because I had a new job by then. To hazard a guess it was between August and October 2007.

[dx100uk]

statute barred then

as all these bh claims are.

[dx100uk]

so post 12 applies

 

 

dx

[Constantly troubled]

Thanks dx, appreciate your time in replying.

[Constantly troubled]

If it was a fixed term loan and you defaulted for whatever reason then the whole is payable and terminated on that missed default pursuant to the T&Cs of the agreement...so you state your last payment was Sept 08 and they state that it was terminated Aug 10....2 years after the default...have they disclosed documents to prove that?....

 

Here is the SB defence

 

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 breach of contract was September 2008.The Claimant contends that the account was terminated August 2010...23 months after the breach.

 

4. The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

 

Under point 2, should it not say Claimant at the beginning of the sentence rather than Defendant?