Link Asset/kearns claimform -Barclaycard debt - was stayed - N244 granted - now N180

[dx100uk]

And ask my 2 questions as well.

 

Dx

[MarkedCard01]

Hi dx

 

I spoke to the court this morning

 

it is the original claim and it is live, but the stay has now been lifted.

I also asked them about what seemed was an application for a new N244 and was told that was part of the request to have the stay lifted.

 

It was dated 08/2022, but I did block that out as I didn't want to post too much detail. I was going to ask if I should have been informed back in August of the route Kearns were taking, but was way laid in the conversation and didn't realise I hadn't asked until the call had finished.

 

What the court told me was the N180 had been sent as the two may come to an agreement prior to any further court proceedings being required. If I decided I do not want to go to mediation it will go straight to the Small Claims Track

 

I guess the next question is do I go to mediation or allow it to go to the Small Claims Track and that will depend on how strong I feel my defence is.

 

However I would like some advice on what the next steps I should take.

 

I know it will only be your opinion and ultimately my decision, but using your experience with other people you have helped I would be grateful with some help in making that decision.

 

I can post later today if required Kearns response to my defence which consisted of a copies of Barclaycards T&C's, Default Notice, Notice of Assignment and some statements.

 

I have until the 24/10/2022 to return the DQ and they gave me an email address I could use for that return.

 

I appreciate your views and thank you again for your help

[dx100uk]

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

dx

[MarkedCard01]

Thanks for dx

 

I have a question. If I state No to D1 Suitability for determination without a hearing. What would be a suitable a statement to make in the box they ask for a reason

 

Thanks again

[dx100uk]

Well let's put it this way. 

 

Link were and remain one of the worst DCA's for using faked paperwork, made from stuff out of their filing cabinets with your details typed in and not actually from the OC themselves 

 

You thus don't want it on papers only as that removes your chance to question it's actual validity.

 

Dx

[Andyorch]

But you cant really state that otherwise the judge will be against you before you start. I have already put a reason in the link above re the N180 and how to complete.

 

Quote

Relevant reasons to state no include that there are factual disputes which will need the judge to hear from witnesses directly (in which case please specify the factual dispute and the relevant witnesses) or that the issues are so complex they need to be argued orally

 

 

Andy

[MarkedCard01]

Thanks Guys

 

I will go with the issues are complex and need to be argued orally. I don't want to show my hand too soon and allow Links time to fabricate more made up documents, such as those sent to me in reply to my submitted defence.

 

I will keep everyone updated

 

[MarkedCard01]

Hi 

 

I have a court mediation session planned for later in the month. I have tried browsing the site looking for any threads that relate to the mediation process and what preparation I need to do, but I can't find anything. If there are any threads you feel would be  beneficial I would be grateful if they could be attached. Also is there a template I could download for my monthly incomings and outgoings I was going to prepare something in advance.

 

Finally I have a family member who has kindly offered to lend me some money to pay them off, but not for the full amount of the claimed debt. In anyone's experience is there an opportunity to negotiate a lower amount and if so by how much. My thoughts are they remove the interest they have applied since buying the debt (as it was frozen by Barclaycard until they purchased the debt) and I then offer 50% of the remaining balance. Peoples thoughts and experience on this would be appreciated.

 

 

[Andyorch]

I & E form.

 

 

[dx100uk]

open

 

dx

[MarkedCard01]

Thank you DX

An update of where I am with this issue.

I did agree to Mediation and a date was set for last December.

I waited for a call from the arbitrator in the allocated date and time, but never received a call.

I called the Court around 30 minutes after the allocated time to be told the arbitrator had tried my number 3 times.

When I questioned what number they had for me they had inputted 1 number incorrectly. I asked if the session could be rearranged and was told the judge would probably send it back for mediation.

That didn't happen and instead I now have a Dispute Resolution Hearing for the 18th July. I have today received the court bundle from Kearns and I need to submit mine 14 days before the hearing.

I am going to outline my defence as stated above and need to compile a witness statement and this is where I would like some help.

I have a basic template, however can anyone point me in the direction of a successful defence and witness statement for a similar defence as mine. I have been searching the site, but can not find a copy of a witness statement I could use as a starting point.

If you have any questions regarding the bundle from Kearns let me know and I will try to answer.

Thanks again for your help

Sorry and just to add, is there anything else I should be sending in my bundle

[dx100uk]

100's of barclaycard witness statements here. use the google enhanced search box on this page.

we need to see kearns full WS inc exhibits (we dont need statements)

 

[Andyorch]

9 hours ago, MarkedCard01 said:

That didn't happen and instead I now have a Dispute Resolution Hearing for the 18th July. I have today received the court bundle from Kearns and I need to submit mine 14 days before the hearing.

Otherwise known as a Case Management Conference this hearing is to short and used to assist the the judge in narrowing down the differences so that the claim can proceed through allocation.

With regards to the above quote what have you received since from the court...how/who instructed Kearns to serve their bundle on you and who has informed you to serve yours 14 days before this hearing ?

Have you had your Notice of Allocation N157 ?

Scan redact and upload any documents received since the failed Mediation teleconference.

 

Andy.

 

 

 

.

[MarkedCard01]

Hi Andy and DX

The second page is the General Form of Judgement Order that states we need to submit our bundles at least 14 days before the hearing. I haven't received a N157 I have attached all correspondence since the failed mediation back in December 22.

I have also attached Kearns WS and Exhibits.

I am going to try and find some similar examples to my case in preparation of putting my witness statement together. Apart from listing my defence and compiling a WS is there anything else I need to add.

Finally it seems Kearns case revolves around the fact they believe a default notice and assignment notice were served which I have no recollection of seeing until they sent a bundle of information to me back in April 22 and funnily no mention of the fact they sent a photo copy of some T&Cs which have none account numbers, names or signatures which relate to me.

I would be grateful if you give me any advise on my defence

 

 

N271+N24+Claimants WS.pdf

[Andyorch]

Thanks....having now seen the Notice that would appear to be the full blown hearing not really a Dispute Resolution Hearing.

Pity you didn't upload it in Feb we would have had more time to prepare.

[MarkedCard01]

Yes I am sorry about that. I thought or more likely hoped it would go back to mediation as the court admin inputted a wrong number for me.

I am going to upload a witness statement for advise in the next 24-48 hours. Is there anything else I need to be doing

 

[Andyorch]

Not really as long as you comply with the direction by said date.

[dx100uk]

looks like they have got to produce 2 DN's then.

and thats not a full agreement with all the prescribed terms (should be 8 pages for that era)

no address?

no sig? (as would have been required in 1995.)

so they cant claim they can use that as a reconstructed copy under the 2006/7changes ,...total dead duck claim for link here.

all theyve done is gotten a copy of a blank 1995 from their filing cabinet and sent it off. that is NOT from BC as a result of them contacting BC for recent for a copy of your CCA.

ruddy fleecers link/kearns for you 

 

[MarkedCard01]

Hi

Thanks Andy and DX for your help so far.

I have drafted my initial witness statement, see below. Obviously I will add correct dates and details. Could I have your options on it and anything you feel need to add or delete.

MY Name WILL SAY as follows: 

I make this Witness Statement in support of my defence to this claim. The facts contained within this statement are true to the best of my knowledge based on the information disclosed by the claimant so far. 

 

INTRODUCTION 

1.    The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act. 

2.    It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed 10p to 15p in the £1 and to which the original creditors have already written off as a capital loss and claimed against taxable income. LC Asset 2 S.A.R.L. claims to circumvent and claim the full amount of debt to maximise profit. 

3. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post- contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 

BACKGROUND 

4.    The Claim relates to an alleged Credit Card Agreement between the defendant and Barclaycard under a reference number of xxxxxxxxxxx. 

5.    Whilst it is accepted that the defendant has in the past had financial dealings with BarclayCard, the defendant is unable to recall with precision of what alleged debt the claimant refers to. 

6.    On XXth June 2022, I received a claim form from the County Court Business Centre, Northampton, for the amount of £XXX. The claimant contends that the claim is for the sum of £XXX in respect of monies owing under an alleged agreement with the account no XXXXXXXX pursuant to The Consumer Credit Act 1974 (CCA). Contained within the claimant’s particulars the claimant states that the account was subject to assignment from Barclaycard to LC Asset 2 S.A.R.L. on XX July 2019 with notice given. 

7.    The defendant made a formal written request on the XX/XX/2021 to the Claimant for them to provide a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 andCPR 31 along with standard £1.00 fee. The  
defendant received a reply dated XXrd XXXXXXX 2021 putting their account on hold whilst they tried to gather the information 

8.    The defendant finally received a reply dated XXth April 2022 with no CCA attached other than the documents which enclosed a reconstituted copy agreement & terms & conditions, statements, default notice, notice of assignment from Barclaycard to LC Asset 2 S.A.R.L. 

CONCLUSION 

9. To date no valid full true copy of the executed credit agreement has been disclosed. It is obvious that the copy agreement is merely a template with no reference to the defendant name, address or account reference number. There is no account reference number nor details of this being an on line application which would contain tick boxes as validation of my application and acceptance and timestamp and conformation of my IP address. 

The claimant has had over 21 months to respond to my request and this attempt to recreate an agreement falls short of all the prescribed terms required pursuant to section 78 of the CCA1974. 

 

I have just received today through the post the bundle from Kearns. All it consist of is the the photocopy Barclaycard T&Cs, an assignment letter from LC Asset dates Jan 21 (first time I saw it was when they finally  to reply to my CPR31 request in April 22) and a letter from Barclaycard in Jan 21 saying they had assigned the account to LC Asset and some statements. There are no DN's in the bundle at all.  

However there was a Mercers DN in the reply to CPR 31 request I received in April 22. Can they produce documentation at the hearing that wasn't included in the bundle?

[Andyorch]

I will run through this later or in the  morning.

[MarkedCard01]

Thank you Andy

[dx100uk]

post the 2nd lot up to one mass PDF

i expect that mercers dn is 'fake' as lots of them issued by mercers were . they were deemed non compliant .

[dx100uk]

On 28/04/2022 at 20:08, dx100uk said:

ignore them.

that 2009 DN from mercers will also be defective

lots of threads on their faulty DN's sent out during that period already here.

dx

 

 

[MarkedCard01]

As I said the DN is not included in the bundle, but I did get a copy in my CPR31 request back April 22, but strangely it isn't on headed paper and right at the bottom in small print is a registered office in central London and when I googled it they are property management company who I believe either own or management the property and possibly their photocopier was used, maybe they do very short term office lets!?

Anyway if you want me to post up the DN let me know. The rest of the bundle are the exhibits I posted earlier.

[dx100uk]

well please scan up this Dn yes