[CLOSED] Hillesden Securities t/a DLC ( Mortimer Clarke ) v HurtsRealBad - Issued 14 December 2015

[HurtsRealBad]

Your AAD Forum Username

HurtsRealBad

Name of Claimant

Hillesden Securities t/a DLC

Name of Claimant's Solicitors

Mortimer Clarke

Claim Issue Date

14 December 2015

Who Signed the Claim Form?

An Individual (i.e. Joe Blogs)

How much is being Claimed?

Over £10,000

Have you Submitted the AoS Response?

Yes

If Yes, when was the AoS Submitted

\

Details of Claim

Claim form received from NCCBC for approx. £15k. Relates to HP agreement with Black Horse - 2007.

Statue barred letter sent 30/12/15
CPR 31.14 request sent 30/12/15

Awaiting replies from their solicitors.

Worried about other aspects of agreement and annual statement from Claimant. Really could do with some help please!

[Never-In-Doubt]

Re: Hillesden Securities t/a DLC ( Mortimer Clarke ) v HurtsRealBad - Issued 14 December 2015

Oh shit. Sending SB template could be a huge error.

Can you send me the N1 please - webmaster@all-about-debt.co.uk & planb@all-about-debt.co.uk

Dont do anything else as it could cripple any defence you might have.

[PlanB]

Re: Hillesden Securities t/a DLC ( Mortimer Clarke ) v HurtsRealBad - Issued 14 December 2015

Hello HurtsRealBad and to AAD

Let's see what we can do to help you.

You've filed your AOS so there's time to investigate the background of this claim before you have to prepare your Defence next month.

You've also sent a CPR 31.14 request which is a good start.

Do you have any evidence that this debt is SB such as your last payment date?

Try to relax while we check every angle for you. There's more than one way to skin a cat with legal claims.

Plan B x

[Deepie]

Re: Hillesden Securities t/a DLC ( Mortimer Clarke ) v HurtsRealBad - Issued 14 December 2015

Oh shit. Sending SB template could be a huge error.

.

Why ??

[Never-In-Doubt]

Re: Hillesden Securities t/a DLC ( Mortimer Clarke ) v HurtsRealBad - Issued 14 December 2015

Why ??

Because it suggests it was sent post claim - bit late to be arguing that once a claim is issued and the SB letter should only be sent if you are a million percent sure that it is SB. Why would you go saying that post claim, and not use it as a total defence?

This is a HP Agreement - calculating SB is not the same as a running credit account!

[PlanB]

Re: Hillesden Securities t/a DLC ( Mortimer Clarke ) v HurtsRealBad - Issued 14 December 2015

If the debt is really SB the OP can still use that as a Defence. I don't think a letter post claim would scupper that legal argument. The OP is a LIP so it's instinctive to fight back with whatever you've got when you receive a claim.

I suppose I can't really comment either way until all the paperwork has been sent for review



Plan B x

[Deepie]

Re: Hillesden Securities t/a DLC ( Mortimer Clarke ) v HurtsRealBad - Issued 14 December 2015

intrigued.....If it's sb ...It's sb ....end of

[Never-In-Doubt]

Re: Hillesden Securities t/a DLC ( Mortimer Clarke ) v HurtsRealBad - Issued 14 December 2015

intrigued.....If it's sb ...It's sb ....end of

so says you. I think we've found out recently that judges think quite differently.

So here we have two site team suggesting you send a SB template post N1. Really...?

Enough already!

[PlanB]

Re: Hillesden Securities t/a DLC ( Mortimer Clarke ) v HurtsRealBad - Issued 14 December 2015

If it is SB then the Defendant could be seen in a good light by the court for attempting to make that clear to the Claimant before any court time or expense is wasted. If it is SB and the Claimant is made aware of that but they soldier on instead of Discontinuing then they'll be seen in a bad light.

The downside could be if it's not SB (and we don't know that at this stage) then it's given the Claimant a head start for finding evidence to disprove that assertion. But since this is will be in the Fast Track the truth will probably be revealed at the disclosure stage anyway.

It's early days. Let's focus on the positives

Plan B x

[PlanB]

Re: Hillesden Securities t/a DLC ( Mortimer Clarke ) v HurtsRealBad - Issued 14 December 2015

So here we have two site team suggesting you send a SB template post N1

No I wouldn't advise anyone to do that.

But I don't think that by doing it the Defendant has made a massive error or potentially crippled their Defence.

That's all.

Plan B x

[HurtsRealBad]

Re: Hillesden Securities t/a DLC ( Mortimer Clarke ) v HurtsRealBad - Issued 14 December 2015

Oh shit. Sending SB template could be a huge error.

Can you send me the N1 please - webmaster@all-about-debt.co.uk & planb@all-about-debt.co.uk

Dont do anything else as it could cripple any defence you might have.

Hi Niddy and everyone else, thanks for the prompt replies. I'm in a wee bit of a pickle and I'll be happy to explain why I think so and go into the specifics in much greater detail, although I would prefer to do it through more private channels. I don't mind subscribing/donating and having dialogue with yourselves either by email/pm or by phone. Just a bit paranoid about 'the undesirables' lurking around these forums as I'm sure you will understand.

I am going to scan and send N1 over to you both now. I'm hesitant about leaving my name/address/personals on these documents. I know I shouldn't be so naive as to do that but to be honest, the muck I'm in right now.... I'd just rather be transparent with you kind souls and hope there's a minute chance that I have a leg left to stand on, even if it's a gimpy one!

Feel free to fire any questions over and I'll answer them best I can. May have to go round the houses a bit for you to get an idea but I'll do my best to get the info to you,.

Thanks folks.

[Never-In-Doubt]

Re: Hillesden Securities t/a DLC ( Mortimer Clarke ) v HurtsRealBad - Issued 14 December 2015

You'll be fine. Try not to worry.

I'll email you and offer a solution now.

[HurtsRealBad]

Re: Hillesden Securities t/a DLC ( Mortimer Clarke ) v HurtsRealBad - Issued 14 December 2015

Niddy/PlanB - email sent. Thank you..

[PlanB]

Re: Hillesden Securities t/a DLC ( Mortimer Clarke ) v HurtsRealBad - Issued 14 December 2015

I am going to scan and send N1 over to you both now.

Jolly good

Plan B x

[PlanB]

Re: Hillesden Securities t/a DLC ( Mortimer Clarke ) v HurtsRealBad - Issued 14 December 2015

Niddy/PlanB - email sent. Thank you..

Yep, got your claim form with nothing blanked out which is most helpful.

Plan B x