Friends LC Asset/Link Claimform - 2019 Barclaycard debt

[spergen]

Good afternoon all

After my successful dealings with Barclaycard thanks to you all I am now helping a friend of mine to hopefully do the same.  Single mum with no computer etc so sorting all the paperwork and explaining as we go along. 

Old Barclaycard debt apparently sold to Avarto then Moorcroft - no letters of assignment but both blood suckers chased the debt claiming they owned it. 

Dec 21 received a letter of assignment from Barclaycard stating sold to LC Assets - No letters from LC

May 22 received a letter of assignment from LC Assets stating sold to Link - No further letters

Sept 22 received Court papers from NCC with the claimant being LC Assets 

Now she has only ever had a notice of default from Barclaycard with nothing other than stated from the others.  I have created a MCOL account with her and notified that we intend to defend all of the claim. 

Now just about to send off a CCA request to LC Asset ( Does it matter the address on the claim form is in Luxembourg? ) 

Now was going to send a CPR31  off to Kearns Solicitors but noticed my debt was under 10k but hers is as follows:-

Amount claimed - £9500

Court fees - £455

Legal costs - £100

Therefore the total amount is over the 10k mark for the small claims track, therefore what form should i send to the solicitors?  

Thank you in advance for any help you provide

Ok sorry guys I have found the original form in the Library, so i just delete this section then? 

 

Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track.

In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

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Which Court have you received the claim from ? MCOL Northampton N1

 

Name of the Claimant ? LC ASSET 2 S.A.R.L 

 

Date of issue – 25 Aug 2022

 

1.The Claimant C claims the whole of the outstanding balance due and payable under an agreement referenced (16 digit code)  and opened effective from 07-03-2019. The agreement is regulated by the CCA 1974 

CCA was signed by the defendant D and from which credit was extended to D. 

 

2.D failed to comply with a default notice served pursuant to s87 (1) CCA and by 30-01-2020 a default was recorded.

 

3.As at 29-11-2021 the defendant owed Barclaycard plc the sum of 9050.00. By an agreement in writing the benefit of the debt has been legally assigned to C effective 29-11-21 and made regular upon C serving a notice of assignment upon D shortly thereafter. 

 

And C claims 1

, 9050.00   

2, Interest pursuant to section 69 County Court Act 1984 at a rate of 8% per annum from 29-11-21 to 25-08-2022 of 470.00  And thereafter at a daily rate of 1.91 to date of judgement or sooner payment. Date 25-08-2022

 

 

What is the total value of the claim? 10,055
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No
 

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 ? After
 

Do you recall how you entered into the agreement...On line /In branch/By post ? No
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Will find out & edit
 

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. Debt purchaser
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Sort of - see first post
 

Did you receive a Default Notice from the original creditor? Yes
 

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? Could not afford them
 

What was the date of your last payment? Never made a payment
 

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? No - buried head in the sand

 

 

This might be easier 

 

 

 

N1 form (1).pdf

[spergen]

Done

 

So now lets wait for a little and see! 

 

Edited September 7, 2022 by spergen

[spergen]

need to file the defence before the 27th September 

 

I have written out a rough draft for advice and polishing 

 

 

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. It is noted insofar as I have in the past held a contractual relationship with Barclaycard. I do not recall the precise details or aware of any outstanding balance. I therefore have sought clarification from the claimant by way of a CPR 31.14. Unfortunately the claimant has failed to comply with my request. 

 

 3. It is noted that the debt was legally assigned by LC ASSET (Ex Barclaycard) to the claimant and notice has been served.  The Letter of Assignment was received on the 21st December 2021, then another letter of assignment from LC ASSET to LINK financial was received on 22^nd May 2022 but since that date have not received anything requesting or related to the alleged debt until the Letter of Claim dated 25^th August 2022

 

 4. It is noted the claimant states that the defendant has failed to make contractual payments under the terms of the agreement. The claimant has failed to comply to my section 78 request and thus remains in default of said request and therefore unable to enforce any alleged agreement? 

 

 5. It is noted the claimant states a default notice has been served upon the defendant pursuant to S.87 (1) CCA. I have never received any Default Notice relating to the alleged claim therefore it is denied.

 

 6. On the 06th September 2022 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply with my request and is therefore in default and unable to enforce or request any relief until such time they comply. 

 

  Therefore the Claimant is put to strict proof to: 

(a) Show how the Defendant has entered into an agreement; and 

(b) Show how the Defendant has reached the amount claimed for; and 

(c) Show and evidence the nature of breach and service of a Default Notice Pursuant of sec 87(1) of the 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 and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears 

 

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[spergen]

Thank you, 

 

no3, is it not woth keeping it in as she recieved a notice of transfer from LC Asset to LINK financial but the N1 is from LC asset? 

 

Yes the CPR did go off to Kearns, should i replace claimant with Kearns solicitors? 

 

 

Edited September 20, 2022 by spergen

[spergen]

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. It is noted insofar as I have in the past held a contractual relationship with Barclaycard. I do not recall the precise details or aware of any outstanding balance. I therefore have sought clarification from the claimant’s solicitors by way of a CPR 31.14. Unfortunately the claimant’s solicitor has failed to comply with my request. 

 

  3. It is noted the claimant states that the defendant has failed to make contractual payments under the terms of the agreement. The claimant has failed to comply to my section 78 request and thus remains in default of said request and therefore unable to enforce any alleged agreement? 

 

 4. It is noted the claimant states a default notice has been served upon the defendant pursuant to S.87 (1) CCA. I have never received any Default Notice relating to the alleged claim therefore it is denied.

 

 5. On the 06th September 2022 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply with my request and is therefore in default and unable to enforce or request any relief until such time they comply. 

 

  Therefore the Claimant is put to strict proof to: 

(a) Show how the Defendant has entered into an agreement; and 

(b) Show how the Defendant has reached the amount claimed for; and 

(c) Show and evidence the nature of breach and service of a Default Notice Pursuant of sec 87(1) of the 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 and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears 

 

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[spergen]

Sorry I dont quite understand your reply?  

[spergen]

No she just got the N1 from SCC as typed out above, no letters from LC ASSET/LINK at all saying pay or we will take you to court 

I assume the above is ok as about to upload the defence statement? 

 

[spergen]

Update

 

Went to go see my friend tonight, she received a letter from the courts stating they had sent her defence to the Clamant and the claimants solicitor giving them 28days to provide us with the information required and to further inform the court if they wished to proceed. 

 

This letter was dated the 26th of September, checked MCOL and nothing showing and nothing in the post to date. 

 

Should I get her to phone the court for an update or ask for a letter confirming the situation seeing as its in limbo at the moment? 

 

[spergen]

a quick update 

My friend called me in quite a panic the other day, Link Financial sent her a letter stating they had received the documents relating to the S77/88 request from the original creditor and that the account is now enforceable!  

Went over for a cuppa and to look thorough the paperwork as it was quite vast,

upon reading though it turns out they had simply gone to the Barclaycard website and printed off the standard terms and conditions. 

The fools had left HTML link at the bottom of the page, how stupid do they think we are? 

So thats it in a nutshell for the moment.

  I hope this helps anyone in a similar situation? 

[spergen]

Sorry for late reply, yes that is correct DX exactly as you stated 

[spergen]

Hi Guys, well a year on and my friend has just received this in the post today, obviously a little scared so looking for more of your advice. 

Letter from the NCC dated 1-May-2024 is as follows.......

 

Before deputy district judge Haythorne sitting at the national business centre, 4th floor st Kathrine's house Northampton

Upon reading an application from the claimant 

it is ordered that 

1. The claim be sent to the county court at #### (Friends local Court)

Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.  If the application is one which requires a hearing, and

a) the party making the application is the defendant: and

b) the defendant is an individual,

then upon filing of the application the claim will be transferred to the defendants home court.  In all other cases requiring a hearing the claim will be transferred to the preferred court. 

 

As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) 

Edited May 3 by spergen
typo

[spergen]

just been to see my friend, she still has her head firmly in the sand and had a pile of unopened post, thankfully nothing serious apart from this case!   

In answer to your question it says N24 General Directions Order at the bottom of the page, then on page 2 where the line says

"As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) " this is N271 Notice of transfer of proceedings. 

Within the stack of letters I found 2 from Kearns Solicitors, 

02-12-2022 Document pack with covering letter stating under the s78 CCA please see enclosed 

1) A copy of the executed Credit Agreement,

2)  A copy of the terms & conditions

3) A copy of the varied terms & conditions applicable at termination / assignment, and 

4) A statement regarding the conduct of your account as requested by s78(1)(a) to (c) 

(Would you like me to describe the documents attached?)

18-02-2023 Generic letter asking for her to contact them to discuss settlement or they will take to court for further legal action.