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    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   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. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   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? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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Markie1973

DLC trying to enforce a 10yrs old CCJ for black horse loan

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Hello everybody

 

I hope you can help me, today I received a letter from DLC regarding a very old debt from Black Horse Ltd (original loan was taken out through Chartered Trust way back in 2000/2001) with the amount owing of £1,886.59.

 

The letter is as follows:

 

Dear XXXX

 

Your account

County Court Claim Number XXXXXXXX

 

We have been trying to work with you in resolution to the above claim for which we have obtained a County Court Judgement.

 

As there is still a balance outstanding, your account has been placed with Cabot Financial (Europe) Limited to act as the agent servicing your account.

 

Their next step is to pass your account to Mortimer Clarke Solicitors.

 

What will the Solicitors do?

 

Mortimer Clarke Solicitors will write to you and explain that they have been instructed to continue court proceedings against you if you do not contact them. They will explain the need for legal action to progress.

 

We hope that you will enter into a payment arrangement that you can afford in order to prevent the need for legal action to progress.

 

You can call Mortimer Clarke Solicitors on 0333 XXX XXXX

 

Your new reference number is XXXXXXXX

 

 

 

Now I have not had any paper work from the County Court, the letter I received from DLC is stated as being generated on 11/07, also I thought that a solicitor would have to issue the paperwork to the court for a Claim to be issued even though according to the letter my account is to be passed to Mortimer Clarke?

 

The interesting part of this letter is that they hope that I will enter into a repayment agreement, could this be a trick that DLC/Cabot could be trying to pull?.

 

I have requested a copy of the claim form from DLC as I have not received this and I have also asked for a copy of the original credit agreement and a statement of account confirming when the last payment was made, I have not had any communication from DLC for ages until today.

 

I have checked my credit file and there is no CCJ registered and I am thinking about contacting the County Court Bulk Center to confirm the Claim Number.

 

I hope somebody can help and advise me as I am very concerned.

 

Many Thanks

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Contact the court and check that claim number is for real.

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I have just telephoned the court and the Judgement was from back in 2006, the court explained that as this is ten years old it has been removed from the Registry Trust as it is so sold.

 

The court also advised that if any enforcement action was to be taken then they (DLC) would have to apply to the court/judge for permission to enforce a CCJ that is 10 years old and was not originally enforced.

 

 

What are the chances of this or could DLC/Mortimer be chancing their luck with an old CCJ?

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You can also check the claim number (ccj) at http://www.trustonline.co.uk


PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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The lady who I spoke to at the court was helpful and explained that due to the age of the original CCJ the court now holds very little information and it is the same with trust on-line as well.

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If as you say, the CCJ is over 6 years old and has not been enforced then please see Limitations Act 1980 S24

 

They would have to go to court to enforce it after the expiration of 6 years but unlike defaults they do not expire


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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The court has already advised..after 10 years there is very little chance of it being resurrected...ignore them...but retain the letter.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Cheeky beggars

 

Nice little earner for their holiday fund

 

Dx


please don't hit Quote...just type we know what we said earlier..

 

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DLC chancing their arm, I would be ignoring everything but a court letter.

 

As soon as you contact them they will think they have a sucker ready to fleece.

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Fishing trip SB'd they can swivel.😊😊

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CCJ's are never statute barred


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Moved to the black horse forum


please don't hit Quote...just type we know what we said earlier..

 

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a quick update,

 

I have received the letter from Mortimer Clarke Solicitors asking me to complete an Income & Expenditure form and return it within 14 days or to pay the full amount within 14 days,

 

now what I find interesting is this

'You should also note that our client may be willing to accept a reduced amount for a lump sum payment to settle the debt, Please contact us to discuss if you wish to take advantage of this.'

 

Sounds like they are offering a discount on a debt that is 15/16 years old with a CCJ that was taken out 10 years ago.

 

Hope somebody on the forum can advise?, thanks.

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Refer to post#7

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Firstly, many thanks for everybody's help regarding this issue.

 

However I have received another letter today from Mortimer Clarke:

 

 

'Dear Sir/Madam

 

Further to our recent letter, we note that you have not contacted us to discuss your proposals to pay the outstanding balance due under a County Court Judgement.

 

It is important that you contact us to discuss your account.

 

Our client requires this debt to be addressed and we enclose an income and expenditure form for you to complete and return, together with an offer of repayment within 14 days.

 

If we do not hear from you, we will take our clients instructions regarding recovery of the outstanding balance.'

 

 

I am concerned about this letter as it looks like they maybe trying their luck and will end up approaching the courts to enforce this decade old CCJ.

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Post #7...until you receive anything direct from the court


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Just more willy waving, ignore unless you get anything direct from Court.

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I hope somebody on the forum can help/advise me please?.

 

 

Back in 2000/2001 I took out a loan with Chartered Trust/Black Horse Finance and after a while I fell behind with the payments and the debt was sold to DLC who took out a CCJ against me back in 2006 - no payments have been made to this debt for years and is well and truly Statute Barred also there was no enforcement action ever taken as a result of the CCJ.

 

All went quiet with this debt for years until I received a letter from Cabot a couple of months ago which included a letter from Mortimer Clarke stating that they was going to take further action regarding the debt.

 

I contacted the County Court and was told that as the CCJ was over 10 years old it is very unlikely that the debt could be enforced.

 

Anyway again all went quiet until today when I received a letter from Mortimer Clarke which reads as follows:

 

' We have been instructed to apply for a Charging Order against you should you fail to make a satisfactory payment proposal within 7 days of the date of this letter (the date on the letter is the 27th June)'

 

'If an acceptable payment offer is not made, an application for a charging order will be made in order to secure the judgement debt against your property and if awarded, may affect your ability to remortgage or sell your property without first satisfying the debt in full. County Court fees and solicitor's costs will also be applied to your debt.'

 

'If you contact us after the Charging Order application has been made, in order to make an offer of repayment, we may accept that offer if it is affordable and sustainable. However, please note that this will not stop proceedings from continuing and a Final Charging Order being requested.'

 

'You should note that our client may be willing to accept a reduced amount from you, if you were able to make a lump sum payment now in full and final settlement of the debt. It would be in your interest to take advantage of this offer, and settle the debt now, in order to prevent your debt increasing, and a charge being registered on your property.'

 

'Please contact us as a matter of urgency on 0333 121 4454 to propose payments and thereby avoid, should your offer be acceptable, the above charging order application being made'.

 

 

Can anybody help or advise me please?, I don't own my property as I live with my mother, does anybody know on the forum if Mortimer Clarke can make a charging order on a property which I don't own and what is the likely hood of the County Court allowing enforcement action after nearly 12 years since the CCJ was obtained?.

 

Also is it advisable to contact Mortimer Clarke or is best that I don't contact them or this just their way of trying scare tactics into paying a debt that is well and truly statute barred?, also the fact that there could be a potential discount seems suspect as well.

 

Many Thanks in advance.

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old and new threads merged for history

please keep to one thread

or it makes a mockery of the advise already given

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Sorry DX, I forgotten that I had already started a thread on this last year, my apologies.

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as post 7

its willy waving

 

you've no property safe to ignore

and anyway

the CCJ is past enforcement as Andy said.

 

wonder if theres worth in a complaint here to say the FCA under conc or whatever?

 

p'haps Andy might comment

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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note a bit of their letter-"secure a judgement".

That is where it all goes badly wrong for them.They havent a hope in hell other than another CCJ by default so IF they are stupid enough to waste money on another court claim make sure that you respond to it and they are sunk

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Here is the copy of the letter I received from Mortimer Clarke today minus any personal information:

 

As this debt was subject to a CCJ all those years ago and never enforced could Mortimer's try their luck on obtaining another CCJ for the same debt?

LetterMCS.pdf

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No.....It can only be litigated on once.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Did you send them the SB letter?

 

If not do so.

 

If you did, then complain to the FCA.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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