Link/LC Assett/Kearns Claimform - old MBNA card debt

[Fridayalready]

Hi

I am hoping someone can give me some help on dealing with a County Court Claim.

It concerns an MBNA credit card debt.

Around 2020 i fell behind with payments due to business closures with Covid etc.

They then passed it on to a debt collection agency.

I have now received a claim for and the claimant is a company i have never heard of.

The claimant is LC ASSETT 2 S.A.R.L and gives an address in Luxembourg.

Can any one give any advice on next steps?

[dx100uk]

please complete this:

 

You have received a Court Claim ISSUED IN ENGLAND & WALES What you need to do - Financial Legal Issues - Consumer Action Group

[Fridayalready]

 

Which Court have you received the claim from ? Northants bulk

 

Name of the Claimant ? LC Asset S.A.R.L

 

Date of issue –  13/05/2022

AOS DATE  31-05-2022

defence filing date 14th june

 

Particulars of Claim

 

What is the claim for –

 

1.The Claimant (C) claims the whole of the outstanding balance due and payable under an agreement referenced ...... and opened effective from 26/06/2018

 

2.The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which
credit was extended to D.

 

3. D failed comply with a default notice served pursuant to s87 (1) CCA and by 08/06/2021 a default was recorded.

 

4. as at 19/07/2021 the defendant owed MBNA Limited the sum of 2,727.17.

 

5. By an agreement in Writing the benefit of the debt has been legally assigned to C effective 19/0712021 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.

 

And C claims-

1. 2.727.17 2.
Interest pursuant to Section 69 County Court Act{19S4 )at a rate of 8 % per Annum from 19/07/2021 to 13/0512022 of 165.02 And thereafter at a daily rate of 0.58 to date of judgment or sooner payment. Date 13/05/2022

 

What is the total value of the claim? 3087.19

 

Amount Claimed 2892.19

court fee 115

legal rep 80

total 3087.19
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes i believe so
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
 

Did you inform the claimant of your change of address? N/A

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 ? - around 2018
 

Do you recall how you entered into the agreement...On line /In branch/By post ?On line
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes
 

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. LC ASSET S.A.R.L
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I do not recall a notice of assignment - i believed that Link were collecting on behalf of MBNA
 

Did you receive a Default Notice from the original creditor? Not that I recall
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not that i recall
 

Why did you cease payments? Due to our business being forced to close under covid restrictions and we were unable to pay ourselves anything but basic salary. 
 

What was the date of your last payment? Approx April 2020 but need to check.
 

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? We originally arranged reduced payments, but as time went by our cash reserves became depleted and we were unable to make payments.
 

Claim Form.pdf

[dx100uk]

we need you to type out the particulars of claim please

 

we dont want to have to go look in a pdf for it

it will be needed in typed format so we can construct/check your defence when the time comes.

 

you have also left the A/C number on the claimform scan 

and a qrcode box and a row of numbers in the right margin

both of these ID you.

 

you must also answer all the questions above 

else we do not have the info to help you.

 

no good leaving give answer here

answer the questions please

 

 

[dx100uk]

ok i had five mins so ive sorted things for you

 

if you have not done AOS on the mcol website already YOU NEED TO DO THIS NOW or you will miss the deadline.

[dx100uk]

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
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 £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

[Fridayalready]

Hi

 

First off, thank you very much for the time you have given to assist with this. I have had a lot on my plate and time has been a premium. Hopefully, things have settled down a bit now. 

 

I have completed the online form with the money claim site and clicked the box to defend etc.

 

I have sent off the CCA request and also the CPR letter.

 

What should the next step be.

 

 

[dx100uk]

Not missing your defence filing date

[Fridayalready]

Hi

 

Using a previous defence i found on here and looking through the details on the claim form i have come up with the following. 

 

Is this ok to submit? Or do i need to add/remove anything?

 

Also, the claimants address is in Luxembourg, so was this the correct address to send the CCA request, or should i have sent it to the claimants solicitor?

 

IN THE NORTHAMPTON COUNTY COURT (CCBC)

 

CASE NUMBER: XXXXX

 

 

BETWEEN

LC Asset 2 S.A.R.L

And

Me

 

                                                                          

Defence

 

 

1. I received the claim XXXXXXXX from the Northampton Court Business Centre dated 13 May 2022

 

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

 

3. This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

 

4. It is admitted that the Defendant has previously entered into an agreement with MBNA Limited for provision of credit.

 

5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

 

6. The Claimants statement of case states that the account was assigned from MBNA Limited to the LC ASSET on 19/07/21. The Defendant does not recall receiving notice of this assignment.

 

8. It is denied that MBNA Limited served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

 

9. On the 12th June 2022 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Kearns Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

 

10. Kearns Solicitors have not sent any of these documents to me.

 

11. On the 12 June 2022 I sent a formal request for a copy of the original agreement and statements of account to LLC ASSET pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

 

12. 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.

 

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

 

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

 

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

 

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

 

Statement of Truth

 

The Defendant believes that the facts stated in this Defence are true.

 

Signed

Dated

[Andyorch]

MCOL defence does not require headers claim numbers address or statement of truth...as for the content its a bit old hat and repetitive, there are plenty of new credit card defence available in the legal Success Forum.

[dx100uk]

yes be very carefully of the date of the threads you are taking defences from.

 

dx

 

[Fridayalready]

Hi

 

Thanks for the feedback. Is this below better?

 

I am  not sure about paragraph 3 as they have included what looks like a possible account number in their claim

 

Also should i still include something about me submitting the CCA and CPR requests?

 

Defence:

 

1. The Defendant contends that the particulars of claim vague and are 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. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

3. I have in the past had financial dealings with MBNA Limited . I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. I have therefore sought clarity from the claimant by way of a Section 78 request and a CPR 31.14 request

 

4. Paragraph 2 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the consumer credit act

 

5. Paragraph 3 is noted but it is denied that I was ever served Notice of Assignment at the time of the Assignment.

 

6. 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 Defendant 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;

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

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.

[Fridayalready]

I just noted that i need to change the paragraph numbers in regards the default notice and NOA. But i can't seem to edit the post so i have now corrected it in the version below.

 

I am  not sure about paragraph 3 as they have included what looks like a possible account number in their claim

 

Also, should i still include something about me submitting the CCA and CPR requests?

 

Defence:

 

1. The Defendant contends that the particulars of claim vague and are 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. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

3. I have in the past had financial dealings with MBNA Limited . I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. I have therefore sought clarity from the claimant by way of a Section 78 request and a CPR 31.14 request

 

4. Paragraph 3 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the consumer credit act

 

5. Paragraph 5 is noted but it is denied that I was ever served Notice of Assignment at the time of the Assignment.

 

6. 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 Defendant 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;

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

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.

 

 

Edited June 14, 2022 by Fridayalready
Clarity

[dx100uk]

add to 4 by the original creditor.

5 delete the repeat at the end.  notice of assignment from either the original creditor nor the claimant. and ref why its needed as in law of properties act,

 

yes add back in the pre amble about when and who you sent CCA/CPR too. fluffs out an otherwise very brief defence.

[Fridayalready]

Thanks.

 

Here is a second draft.

 

Is this ok - or still need tweaking?

 

1. The Defendant contends that the particulars of claim vague and are 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. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

3. I have in the past had financial dealings with MBNA Limited . I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

4. Paragraph 3 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the consumer credit act by the original creditor

 

5. Paragraph 5 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.

 

6. On the 12th June 2022 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Kearns Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

 

7. Kearns Solicitors have not sent any of these documents to me.

 

8. On the 12 June 2022 I sent a formal request for a copy of the original agreement and statements of account to LLC ASSET S.A.R.L pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

 

9. 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.

 

10. 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 Defendant 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;

 

11. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

12. 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.

[Andyorch]

Para 2 is not required as you said that you believed they did provide PAP Pack ?

[Andyorch]

Particulars of claim for reference only

 

1.The Claimant (C) claims the whole of the outstanding balance due and payable under an agreement referenced ...... and opened effective from 26/06/2018

 

2.The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which
credit was extended to D.

 

3. D failed comply with a default notice served pursuant to s87 (1) CCA and by 08/06/2021 a default was recorded.

 

4. as at 19/07/2021 the defendant owed MBNA Limited the sum of 2,727.17.

 

5. By an agreement in Writing the benefit of the debt has been legally assigned to C effective 19/0712021 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.

 

And C claims-

1. 2.727.17 2.
Interest pursuant to Section 69 County Court Act{19S4 )at a rate of 8 % per Annum from 19/07/2021 to 13/0512022 of 165.02 And thereafter at a daily rate of 0.58 to date of judgment or sooner payment. Date 13/05/2022

 

What is the total value of the claim? 3087.19

 

 

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 MBNA Limited. 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. The claimant has yet to comply with my section 78 request.

 

4. Paragraph 3 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.

 

5. Paragraph 5 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.

 

6. On the 12th June 2022 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Kearns Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

Kearns Solicitors have not sent any of these documents to me.

 

7. On the 12 June 2022 I sent a formal request for a copy of the original agreement and statements of account to LLC ASSET S.A.R.L pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee. 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. 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 Defendant 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;

 

9. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

10. 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.

 

 

 

.

 

 

 

 

[Fridayalready]

Thanks.

 

yes you are correct about paragraph 2 - i checked and i did receive a pack.

 

I noticed you have edited the defence - Thanks.

[FTMDave]

Open.

[Fridayalready]

Thanks for re-opening.

 

Bit of quick background. We moved house late last year, but we still had access to the property. I have since had a redirection in place.

This claim was stayed but the claimant has now come back and applied to the court to lift the stay.

We never received notice of this until we received a notice of proposed allocation to the small claims track was received. This has only come through in the last few days, but i have been working away and unable to deal with. My gut feeling is that they twigged on to the fact we had moved and hoped to get a default judgement.

I only have till 10th July to submit an N180.

How should we proceed?

Edited August 7, 2023 by Fridayalready
Spelling

[dx100uk]

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#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 (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your records.

 

........................

 

do you mean they've filed an N244 set aside for strikeout defence and summary judgement?

if you'd read around you'd have known NOT to rely upon redirection as all court letters state on the env..do not redirect.

but anyway link should have sent you a copy too.

not sure if you can ask the court to send you a copy ring and ask?

dx

 

[Fridayalready]

No the N244 application notice was to seek an order that the stay on the claim be lifted.

They claim that upon receipt of the defence they sought to engage with me to exchange documents in an effort to attempt settlement and narrow the issues.

They said that they wrote to me in August 2022 inviting me to withdraw my defence and providing supporting documents.

They did send me a letter inviting me to withdraw my defence, but they never sent me the documents that we referred to in the defence, so i ignored it. They say they sent a couple more similar, inviting me to file a full admission.

In regards to the do not redirect issue, luckily Royal mail messed up on one, otherwise we would never have known about the stay being lifted.

 

I will ring the court and ask for copy, thanks for help so far.

 

[dx100uk]

45 minutes ago, Fridayalready said:

No the N244 application notice was to seek an order that the stay on the claim be lifted.

how do you know this if you dont have a copy?

dont believe a word link stte in their letters....well i hope its by royal mail not email?

 

as a matter of interest, whats the status of the claim on mcol claim history?

if you've not already done so, you need to inform the court of your new address and link in WRITING!

also dont for get any other debts you might have on something you last used/paid in the last say 7 yrs too (dont want a backdoor ccj 's) , and dvla (x2 for driving  licence and any car v5c's - each must be done separately by their forms)

[Fridayalready]

Sorry, confusion this end, we have a copy which was sent to us by the court with the notice of proposed allocation. The allocation is recently dated.

The application to lift the stay was made in early march and we never received a copy back then. 

Issue date may 2022

Stayed April 2023

Stay Lifted July 2023

DQ sent July 2023

They sent me 3 letters between the date of the defence being submitted and the case being stayed, inviting me to withdraw my defence, but never sending me the docs requested in my defence.

[dx100uk]

if you go read a good few link or say lowell claimform threads you'll see the letters are a normal mode of intimidation.

they are under no legal obligation to send any paperwork until/unless they file to lift the stay.

they've done this so there is a witness statement somewhere with all their evidence awaiting you somewhere.