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

[sarah0906]

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

 

It says

You have alleged that the claim is statue barred. Section 5 of the limitation act etc etc.

 

We are instructed that on this case that the cause of action accrued when the agreement was terminated on 10/09/2010 therefore proceedings were issued within the 6 year period.

 

Ifyou disagree please set out the precise legal basis giving the date which you believe the debt is statue barred.

[AndyOrch]

Well you have already submitted a defence which states its statute barred...if they think differently...let them proceed with the claim and you can particularise when and how in your witness statement at a later stage in the process...the court set the dates not these numpties...ignore.

 

Andy

[dx100uk]

worthy of a read...

http://www.consumeractiongroup.co.uk/forum/showthread.php?457344-Hillesden-mortimer-claimform-Black-horse-loan-SB-d-re-term-date-SB-NOT!&highlight=floydian

 

 

dx

[sarah0906]

worthy of a read...

http://www.consumeractiongroup.co.uk/forum/showthread.php?457344-Hillesden-mortimer-claimform-Black-horse-loan-SB-d-re-term-date-SB-NOT!&highlight=floydian

 

 

dx

 

But I no longer have proof of when the last payment was but I think it would have been 2008. I will just ignore them then and see if the court responds in the mean time.

[dx100uk]

you filed the SB defence

its for them to prove its not SB'd

not for you prove it is.

 

 

dx

[renegadeimp]

They have to prove when and where the payment was made, how it was paid, how much was paid, and also that YOU paid it.

[Floydian]

Sarah I got the same reply, word for word except dates. Do not worry you are almost certainly going to win this one.

 

If you want to know when your last payment was made then order statements. I paid around £6 for two years worth with my building society. Mortimer Clarke even told me when it was made as they don't care when it was according to their new laws.

 

*It is still worth your time to know when your last payment was made as the SB defence will just fail if it HAS been less than six years.*

 

Mortimer Clarke should be reported en mass. I confirmed with DLC, and DLC agreed that the cessation of contract is not a pointer for the SB beginning to tick it is either

 

1) No payment in six years

2) No admittance in writing in six years.

 

They are offering you a massive discount, that should be enough to tell you they are trying it on.

 

COMPLAIN to DLC, request a copy of the original agreement but word it as a complaint, my bet is they will uphold your complaint and cease collection.

 

Do this in writing under a CCA agreement and send a postal order for £1. I sent mine on a Friday and got a letter back Wednesday apologising. Note that the £1 is for the request and not a payment off the alleged debt.

 

MC are under massive pressure to get a turnaround for these unenforceable debts. Do not bother with them as they will say anything, and communicate in writing with DLC and make it a complaint only.

 

(DLC is the trading name of Hillesden)

[dx100uk]

MC are under massive pressure to get a turnaround for these unenforceable debts

 

 

interesting comment....

 

 

anymore known.

 

 

dx

[Floydian]

I have (and I do not recommend everyone does this) made multiple recorded phone calls to Mortimer Clarke. Never have I spoken to so many incompetent people all singing the same line.

 

The limitation act is triggered by (the latest event)

 

1) No payment in six years

2) TERMINATION of contract

3) No acceptance of debt in six years.

 

They have all been briefed with this falsehood, every single agent I spoke to. I got a callback from a 'lawyer' at Mortimer Clarke and they also confirmed that my alleged debt was not SB.

 

Any company that knowingly takes legal action on a SB debt is acting vexatiously and can possibly face problems being legally called a vexatious litigant. Any company that risks this so blatantly is under massive pressure. Especially one that relies on courts (ESPECIALLY bulk centres!)

 

DLC dropped my case and is currently investigating complaints, mine included, that MC are acting in this way. That's because MC blame (on record) that they are only following DLCs orders). I do not believe this.

 

I encourage you all make complaints.

[dx100uk]

amazing

though ofcourse it will prob be very profitable for them

 

 

we see less the 0.1% of claims here

 

 

just think of the 1000's ofclaim that this lot has issued on old Blackhorse loans

 

 

I believe most of then are to do with car finance

and most are to do with carcraft?

 

 

as that lot went down the pan hole

some got ahold of all the data .

 

 

and pumped it into a computer.

 

 

even if 1 in 50 either don't respond or cough up.

that's a potential few grand per claim to their pocket

 

 

will easily outweigh any fine they might ever get.

[Floydian]

Exactly.

We will see very few cases here from the exact amount issued.

 

 

Most of these claims will win via default if the alleged debtor does not defend and most won't. And that included all stat barred debts.

 

That's why it is very important that the few who do come here, and I was one of them, make an official complaint.

 

 

In my case to DLC.

They will not confirm in writing that the debt is not SB if it is.

They will not proceed once you have informed the court and DLC it is.

 

So fight

[sarah0906]

Exactly. We will see very few cases here from the exact amount issued. Most of these claims will win via default if the alleged debtor does not defend and most won't. And that included all stat barred debts.

 

That's why it is very important that the few who do come here, and I was one of them, make an official complaint. In my case to DLC. They will not confirm in writing that the debt is not SB if it is. They will not proceed once you have informed the court and DLC it is.

 

So fight

 

I definitely haven't made a payment or contact in six years. I don't think I will be able to get bank statements as it was with another bank and that account closed years ago. Sorry I'm not very good at this! So I should write a letter of complaint to hillsden ? Do you have a template letter you sent that I can adjust using my details obviously.

[renegadeimp]

No point in writing a complaint . it will be ignored. If you are sure its SB, just ignore everything but a claim form, then come here and we can blow them out of the water.

[dx100uk]

this is a claimform...

 

 

dx

[renegadeimp]

I realised when i posted but couldnt edit haha. I was getting mixed up with another thread. I have my 'special' moments :o

[sarah0906]

I realised when i posted but couldnt edit haha. I was getting mixed up with another thread. I have my 'special' moments :o

 

Now I'm confused. So do I send a SB letter to them or just ignore and wait for the court? Thanks

[AndyOrch]

Ignore...dont send any letters.

[Floydian]

Sorry guys. I disagree (quite strongly). I have had two of these baseless court orders thrown my way and I wrote to both parties who owned the alleged debts and they found in my favour of course and both have issued me with recompense. You can ignore the claim and hope they pull out or you can write to them now and sort it.

 

I'm curious. Why wouldn't you file a complaint and then go to the ombudsman which gets recorded against them? We moan that dcas work this way but then do nothing about it.

 

Sarah. Write to DLC if you are SURE it is barred and complain that it has gone this far and ask for £100 compensation for your distress, you'll be surprised how bad they will want your complaint to go away. Complaining by letter does not mean you admit any liability and if it is stat barred it can't be unbarred anyway.

 

You can leave it but it'll probably be placed on hold forever in the court system and I would rather be sorted now with a complaint upheld against the dcas.

 

Mortimer Clarke won't do anything as they use the nuremburg defence but DLC will act.

[citizenB]

Floydian, it is my understanding that a claim has been issued on this Statute Barred debt and that Sarah has submitted the statute barred defence - in which case there is now no requirement for her to contact the claimant at all ?

 

Of course she can if she wishes in order to attempt to make a claim for some compensation.

[Floydian]

Floydian, it is my understanding that a claim has been issued on this Statute Barred debt and that Sarah has submitted the statute barred defence - in which case there is now no requirement for her to contact the claimant at all ?

 

Of course she can if she wishes in order to attempt to make a claim for some compensation.

 

Thats roughly it but also the claim shouldn't have gone to court in the first place which is why I add a complaint. The more people complain then a bigger picture is given to the FCA.

 

Dcas are trying it on. This should stop them (in the long run).

 

I also find it speeds them up somewhat and stops the claim bring stayed indefinitely

[AndyOrch]

Dont get involved in letter tennis sarah..its counter productive will achieve nothing and will distract you from dealing with the claim.

 

Andy

[Floydian]

Dont get involved in letter tennis sarah..its counter productive will achieve nothing and will distract you from dealing with the claim.

 

Andy

 

But it didn't achieve me nothing did it Andy? Mine is sorted.

 

If my advice is not required, delete it but it's worked for me twice with both cases discontinued before dates are arranged.

 

No wonder this happens on mass when complaints are not filed.

 

Andy while I respect your advice if it is 100% stat barred she should inform the original debt purchaser, DLC. They might not even know what MC are pulling here. They are currently investigating them via my complaint.

[AndyOrch]

Floydian we deal with 1000s of claims on CAG...a lot statute barred...we have a tried and tested process in dealing with them.I accept that you have had 2 claims and dealt with them successfully..in your own way...but we have also had great success in getting statute barred claim dismissed or discontinued without the need of even contacting the claimant.

 

I dont know with particular detail what stage you got to in your claims...but we achieve the same result without the need of ever contacting the claimant or informing the relevant financial bodies.

 

If you feel content that what you did in your particular cases...then so be it..and I wish you every success in what you are trying to achieve but every claim every claimant deals with the process slightly different and their approach varies enormously.

 

Statute barred debts will continue to be chased and even tried to be enforced..and with the greatest respect no mater how many complaints are made..I fear that it will never have any effect on the world of assignments and trying to pass off statute barred debts through the courts.

 

Your advice is most welcome but its not a case of one size fits all...unfortunately.

 

Regards

 

Andy

[sarah0906]

How long do they have from when they receive my defence? Still haven't heard anything as yet. Thanks

[dx100uk]

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