Hillesden/mortimer claimform - Black horse loan Stat barred 13 year old debt- help please

[sarah0906]

Hi I hope I am posting in the correct place if not please advise. Thank you.

 

I received a claim form for a debt from 2003.

 

I have not had any contact or made any payments for over 8 years.

 

I have done a search using trustonline and I have no judgements against my name. What do I do?

 

I only have a few days to response due to Christmas and new year and receiving the information.

 

Many thanks

[citizenB]

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

 

Hi Sarah,

 

If you could have a look at the thread I have linked above and provide answers to the questions that are asked.. here in this thread.

 

Then we can help you move forward.

 

Most importantly we need to know..

 

The date of issue on the claim form - top right hand corner of the form.

 

The last date you acknowledged or made payment to the debt.

 

What the debt is - loan (secured/unsecured) - Credit card - catalogue, etc.

 

If as you say above you have not made any payments or acknowledged for over 8 years then the debt is very likely statute barred (whilst it doesn't disappear, then no one can take you to court to obtain payment) and will be very easily defended.

 

The quicker you provide the information above, the quicker we can deal with this.

[unclebulgaria67]

It is the correct place.

 

Read this thread linked

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

 

In the link you will find questions in the first post, please copy over to this thread the questions in the first post and provide the answers, so that more advice can be offered.

 

You will get longer to acknowledge and defend for public holidays. If the debt is limited by statute of limitations so cannot be enforced by a court, you could just enter such a defence. Depends on the debt details.

[sarah0906]

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

 

Hi Sarah,

 

If you could have a look at the thread I have linked above and provide answers to the questions that are asked.. here in this thread.

 

Then we can help you move forward.

 

Most importantly we need to know..

 

The date of issue on the claim form - top right hand corner of the form.

 

The last date you acknowledged or made payment to the debt.

 

What the debt is - loan (secured/unsecured) - Credit card - catalogue, etc.

 

If as you say above you have not made any payments or acknowledged for over 8 years then the debt is very likely statute barred (whilst it doesn't disappear, then no one can take you to court to obtain payment) and will be very easily defended.

 

The quicker you provide the information above, the quicker we can deal with this.

 

Date on claim form 21 December and I received on the 23 December

.

I can't find any records of payments made on my accounts so a guesstimate would be about 8 years ago maybe more.

 

It was a unsecured loan with black horse and now the debt agency are chasing again.

 

That's what I thought that it would be statue barred and as far as I can see they never registered a ccj against the debt.

 

I'm unsure which boxes to tick on the form I'm confused.

 

Many thanks

[sarah0906]

It is the correct place.

 

Read this thread linked

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

 

In the link you will find questions in the first post, please copy over to this thread the questions in the first post and provide the answers, so that more advice can be offered.

 

You will get longer to acknowledge and defend for public holidays. If the debt is limited by statute of limitations so cannot be enforced by a court, you could just enter such a defence. Depends on the debt details.

 

So I am right in saying that I want to defend my case by just saying that the debt is statue barred? But then isn't that acknowledging the debt? or does that not matter.

[citizenB]

So I am right in saying that I want to defend my case by just saying that the debt is statue barred? But then isn't that acknowledging the debt? or does that not matter.

 

No, you are not acknowledging the debt at all by defending.

 

If the date of issue is 21st December then your timeline is as follows

 

Issue date 21.12.2015 + 5 days for service = 25.12.2015 + 14 days to acknowledge = 08.01.2016 + 14 days to submit defence = 22.01.2016.

 

You will need to register on MCOL with the claim form reference and password you will find hidden on the claim form. You will need a pen/pencil and paper to take down the new reference number you will be given. You can either acknowledge the claim and confirm you wish to defend the claim or complete the defence at the same time.

 

Your defence will be exactly as I have typed below make sure you put in the £amount of the claim - I have highlighted exactly where you need to put it.

 

 

1 The Claimant's claim was issued on 21st December 2015.

 

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 £x or any other sum, or relief of any kind is denied.

 

Edited December 30, 2015 by citizenB

[citizenB]

If you wish to just acknowledge the claim at this stage and submit the defence nearer the time, then that is no problem.

[renegadeimp]

Which company is chasing you

[AndyOrch]

If you could please just complete the link provided in post#2 above sarah.....this will give us all we need to know and enable the correct advice on how to proceed.

 

Andy

[dx100uk]

Hillesden/dlc & Mortimer I bet

you are not alone...

 

 

dx

[Bazooka Boo]

Surely these outfits must know by now that there is a limitation period? Or do they really honestly believe that they can con the public into funding their profit pocket?

[dx100uk]

matters not if the claim goes undefended.

no paperwork is thus required and the fleecer gets a default rubberstamped judgement.

 

 

dx

[sarah0906]

Name of the Claimant ? Hillesden securities limited.

 

Date of issue – 21 December

 

Date to submit defence = by 4pm 22nd jan

What is the claim for –

 

Balance of instalments due and unpaid under agreement dated 13/04/2003 under black horse ltd agreed to sell goods for a price payable by instalments.

Amount due and unpaid 4741.43

 

the claimant therefore claims.

Amount due and unpaid 4741.43.

Court fee 185

Legal costs 80

Total 5006.43

 

What is the value of the claim?5006.43

 

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? 2003

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. Debt agency hillsen securities ltd.

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

Did you receive a Default Notice from the original creditor? Think so but it was so long ago unsure.

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

Why did you cease payments? Lost job couldn't make payments.

What was the date of your last payment? Over 8 years ago.

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

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan?

 

 

Yes but they always wanted more than I could pay. They rang every day trying to increase payments which I couldn't do.

[dx100uk]

hehe guessed right

you are not alone about 10 in recent weeks here

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=hillsden+blackhorse+claimform&sa=Search+CAG#gsc.tab=0&gsc.q=hillsden%20blackhorse%20claimform&gsc.page=1

 

pers I'd go ack the claim now

and also file the SB defence now too

 

 

as long as you are 110% it IS statute barred..

 

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. .

.

[dx100uk]

thanks for doing the link

see above post^^^

 

 

dx

[sarah0906]

hehe guessed right

you are not alone about 10 in recent weeks here

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=hillsden+blackhorse+claimform&sa=Search+CAG#gsc.tab=0&gsc.q=hillsden%20blackhorse%20claimform&gsc.page=1

 

pers I'd go ack the claim now

and also file the SB defence now too

 

 

as long as you are 110% it IS statute barred..

 

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. .

.

 

Thanks for your reply. So do I put this defence in a letter? Sorry to sound stupid I just want to get it right. Thanks

[dx100uk]

you don't do anything with the claimform nor send any letters

 

 

read post 6 again

[sarah0906]

Ok thanks for the info

[dx100uk]

get that done then come back and tell us

 

 

dx

[sarah0906]

get that done then come back and tell us

 

 

dx

 

I submitted my defence on Saturday morning. Went online this morning and it has been received. Do you know how long it usually takes?

[citizenB]

I submitted my defence on Saturday morning. Went online this morning and it has been received. Do you know how long it usually takes?

 

They have 28 days in which to advise the court if they wish to proceed.

 

They will either discontinue

 

or they can be childish and just not respond - this will mean that the court will just stay the claim. It will then be left to either party to apply to the court to continue the claim.

[sarah0906]

If they don't respond what do I do then? I will be surprised if they don't.

[dx100uk]

you do nothing

next move is the claimants.

 

 

go read a few like threads in this forum

 

 

dx

[sarah0906]

So I received a reply direct from Mortimer Clark/hillsden yesterday. They say in the letter that the debt is not barred until September 2016. I do not believe this. They have offered a 25% discount if I pay in full now. What do I do now? I have 14 days to reply to them directly.

[AndyOrch]

And what will they do if you dont reply within 14 days Sarah ?