Cheers dx 100uk, I will try and scan everything up tomorrow. Surprisingly, in their letter they state they have sent everything then state that if I would like to settle the matter without the necessity of progressing to a court hearing. They invite me to sign and return an attached proforma with an offer of monthly payments that are affordable (they refused to do this previously) however, the proforma is basically an admission of guilt, admit the claim in full and me withdrawing my defence

Well, after 2 months, Kearns has sent me a copy of agreement, T&Cs, default notice although they do look like they have been doctored. I spoke to the Courts and they have stated they havent received anything from Kearns as yet although there was a backlog with their post. Unsure where to start so would appreciate any assistance as where to start first

Managed to speak to the Courts today (having waited an hour and 20 minutes on the phone) to be told that it is now stayed (22/05/2023) due to no response from Link/Kearns. No doubt they will be manufacturing new docs for them to use against me

My defence was emailed. I have had login issues ever since despite me trying to login on multiple occasions. I asked Mcol if they could reset my password last month but the girl I spoke to stated she was unable to do so

I am unable to check the Mcol site as I get an error message stating claim number or password is incorrect

Hi Just to provide an update. I received a letter from Kearns a few days ago acknowledging receipts of my previous CCA and CPR 31.14 requests and stating they require time to acquire and compile papers from their client. They further confirm that a hold has been placed on the account and no default judgement shall be requested within 14 days of the date the disclosed documents are provided. As it happens, it has now passed the 33 days from request so would you suggest I contact the courts to see if the case has been set aside

Still waiting for any info coming through from Link/Kearns however I have noticed on my credit file they have already added nearly £1700 onto the outstanding balance for their fees and interest. Is this the norm?

For the last 3 or 4 days I have been unable to access Mcol. Is this a common issue? Can they reset or forward new login/password details

Hi Andy I can confirm the correct Defence has been sent Cheers

Defence 1.The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. Whilst I have had dealings with LC Asset 2 S.A.R.L in the past I cannot recall the specifics of the alleged agreement. 3.Paragraph 2 is noted. Although as 2 I cant recall the agreement so I am not aware of service of a Default Notice pursuant to sec 87(1) CCA1974 by the original creditor . 4. Paragraph 3 is denied .I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925. 5.. On receipt of this claim I requested information pertaining to the claim from Kearns Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on * April 2023. Further to the above I sent Asset Link Capital a section 78 request via 1st class post on * April 2023. To date, neither Kearns Solicitors nor Asset Link Capital are yet to furnish me with the requested information . 6.Therefore the Claimant is put to strict proof to a) show how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed. 8. Until such time the claimant can comply with my section 78 request dated * April 2023 the claimant is prevented from enforcing the alleged debt pursuant to section 78.6(a) By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief Many thanks once again Andy and Dx. I have emailed the CC Business Centre and received an automated reply from them. I have tried logging in using another email address but again receive the same message saying incorrect password or Court Claim Number. Not sure what happens next or how to access Mcol if the same error message keeps coming up

Defence 1.The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. Whilst I have had dealings with LC Asset 2 S.A.R.L in the past I cannot recall the specifics of the alleged agreement. 3.Paragraph 2 is noted. Although as 2 I cant recall the agreement so I am not aware of service of a Default Notice pursuant to sec 87(1) CCA1974 by the original creditor . 4. Paragraph 3 is denied .I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925. 5.. On receipt of this claim I requested information pertaining to the claim from Kearns Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on * April 2023. Further to the above I sent Asset Link Capital a section 78 request via 1st class post on * April 2023. To date, neither Kearns Solicitors nor Asset Link Capital are yet to furnish me with the requested information . 6.Therefore the Claimant is put to strict proof to a) show how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed. 8. Until such time the claimant can comply with my section 78 request dated * April 2023 the claimant is prevented from enforcing the alleged debt pursuant to section 78.6(a) By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Thanks again Andy. Do I just need to copy and past the POC and Defence and email to the courts

Please see new defence letter DEFENCE 1. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have in the past had financial dealings with Bank Of Scotland. However, I am unable to recall the agreement reference referred to within the claimant's particulars and have sought further validation by way of a CCA section 78 request. 3. Paragraph 2 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the consumer credit act by either the original creditor or assignee. 4. Paragraph 4 is denied I have no knowledge of any legal assignment. I have never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925. 5. On 28th February 2023 I sent a formal request to Asset Link Capital for a copy of the original agreement and statements of account to (who) pursuant to section 78 of the Consumer Credit Act 1974. To date the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement. 6. As advised during a telephone conversation with Kearns Solicitors, on 23rd March 2023, I sent a formal request to Kearns Solicitors for a copy of the original agreement and statements of account to (who) pursuant to section 78 of the Consumer Credit Act 1974. To date the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement. 7. On 12th April 2023, I sent a further formal request to Kearns Solicitors and Asset Link Capital for a copy of the original agreement and statements of account to (who) pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee to both. To date the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement. 8. On 12th April 2023, I sent a Civil Procedure Rule 31.14 letter to Kearns Solicitors. I requested they provide copies of the Agreement, Default Notice, Notice of Assignment and Statement of Account. To date Kearns Solicitors have not sent any of these documents to me. 9. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence the nature of any breach and Default Notice; (c) show how the Claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 10. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Will do, cheers Andyorch

I have copied and pasted this from a previous Defence having looked through a number of defence submissions. I have removed Link and inserted Bank of Scotland. Before reattaching the new defence, are there any other glaring errors

Morning Dx, just sent you a message

Thanks Andy. Apologies dx. Is it the POC I posted on here yesterday