Blackhorse/Hillsden Ltd taking me to court - urgent help needed

[MBK]

Hello,

I was wondering if dx or someone could offer some urgent assistance. Hillesden Ltd via Mortimer Clarke Solicitors are taking me to court for a debt. I believe this to be statue barred. Details are below.

I should mention that I sent through the AOS to allow for an extra 14 days. Just to let you know that this debt does not appear on my credit file.

Name of the Claimant - Hillesden Securities Ltd

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to – 14 DEC 2015 ( by my calculations 33 days is up tomorrow)

 

–

What is the claim for – the reason they have issued the claim? By agreement between Black Horse Ltd & the Defendant on or around 07/11/2006 (‘the Agreement’) BLACK HORSE lTD agreed to loan the Defendant monies. The Defendant did not pay the instalments as they fell due & the Agreement was terminated. The Agreement was aa signed to the Claimant. The Claimant therefore claims 5500

What is the value of the claim? £6000

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? BEFORE 2007

 

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 SOLD TO DLC/HILLESDEN. THEY ARE THE CLAIMANT.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

I DO NOT RECALL.

Did you receive a Default Notice from the original creditor?

I DO NOT RECALL

 

Have you been receiving statutory notices headed "Notice of Default sums" – at least once a year ? I DO NOT RECALL THIS.

Why did you cease payments? LOW SALARY – I WAS NOT ABLE TO AFFORD PAYMENTS. AT ONE POINT I WAS OUT OF WORK.

 

What was the date of your last payment? APPROX 2007. I MADE A PAYMENT OF £10 FOR A SAR TO BLACKHORSE – WHICH I MADE ABSOLUTELY CLEAR WAS FOR ACCESS TO MY RECORDS. I DID RECEIVE MY RECORDS. THIS DEBT AT SOME POINT WAS PASSED / SOLD TO ZINC WHO CHASED ME FOR THE DEBT. AT THE TIME I SENT THROUGH £1 FOR A COPY OF THE AGREEMENT. THEY DID NOT RESPOND. THIS WAS IN 2010/2011.

ABOUT 2/3 YEARS AGO I RECEIVED A LETTER FROM DLC STATING I HAD MADE A PAYMENT OF £1 TO MY ACCOUNT. I DID NOT RESPOND TO THE LETTER AS I KNEW THIS TO BE INCORRECT.

Was there a dispute with the original creditor that remains unresolved? NO. I MADE PPI CLAIM – WHICH BLACKHORSE PAID. THAT WAS APPROX 2 YEARS AGO. AT THE TIME THE DEBT WAS ALREADY SOLD TO ZINC / DLC/HILLESDEN

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? WHEN THE LOAN WAS TAKEN OUT ORIGINALLY, I DID CONTACT BLACKHORSE OVER THE TELEPHONE. BUT THAT WAS WELL OVER 8 YEARS AGO. I BELIEVE BLACKHORSE/ DLC/HILLSDEN HAVE THE DATES WRONG. I NO LONGER HAVE THE ACCOUNT OPEN WITH THE BANK FROM WHICH I MADE PAYMENTS FROM. I HAVE MADE CONTACT WITH THE BANK AND THEY INFORM ME MY ACCOUNT HAS NOT BEEN IN USE SINCE SEPT 2007. I SWITCHED BANKS OVER 10 YEARS AGO, SO I KNOW I HAVE NT MADE ANY PAYMENTS TO BLACKHORSE IN THAT TIME PERIOD APART FROM REQUESTING ACCESS TO MY RECORDS VIA A SAR, PLUS £1 TO ZINC FOR A COPY OF MY AGREEMENT.

I hope I have provided enough detail above. I am seeking assistance in what to state by way of defence.

Many thanks

mbk.

[AndyOrch]

Statute Barred defence MBK

 

1 The Claimant's claim was issued on (insert date).

 

2 The Claimant 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.

Do not allow denial as you know it to be true, change last sentence to ' the claimant should already be aware more than 6 years have elapsed between cause of action accrued and the court claim by their court submission.'

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

 

Regards

 

Andy

[MBK]

Thanks Andy. Very much appreciated.

 

 

Once I put in my defence - how will I be informed of the outcome?

[AndyOrch]

The court will confirm receipt(I assume you are doing it all on line)....the claimant has 33 days to respond or the claim will be stayed.

[MBK]

Yes - doing it online.

 

 

Can I check that in point 3 I put the full amount that is being claimed including court fee and legal representative's costs?

[AndyOrch]

Yes the full amount

[MBK]

Cheers Andy.

 

 

All done. Now the waiting game begins!

 

 

 

 

I would like to get my paperwork in order. Is it advisable to send through another SAR to Blackhorse or shall I do that after any judgment?

[AndyOrch]

Send it now...the claim as nothing anything to do with Blackhorse...now its been assigned.

[MBK]

ok - thanks.