LC Asset/Link/Kearns Claimform - old MSDW now Barclaycard debt - Now N244

[Iddon Leo]

Which Court have you received the claim from ?       

CC Business Centre, Northampton 

 

Name of the Claimant ?

LC ASSET 2 S.A.R.L, 20 Rue de la poste, L-2346 Luxembourg

 

Date of issue – 14 Sept 2022

 

 

Particulars of claim:

1. The claimant (C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxx and opened effective from 26/01/2011.

 

2.The agreement is regulated by the CCA 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 28/03/2019 a CCA default was recorded.

 

4.As at 15/12/2020 D owed Barclaycard the sum of £3010.00.

 

5. By agreement in writing the benefit of the debt has been legally assigned to C, effective 15/12/2020 and made regular upon C serving notice of assignment upon D shortly thereafter.

 

6. And C claims-1, .3010.00

(2) Interest pursuant to Section 69 CCA (1984) at a rate of 8% per Annum from 15/12/2020 to 14/09/2022of 4.01. And thereafter at a daily rate of .60 to date of judgement or sooner payment. Dated 14.09/2022.

 

What is the total value of the claim?  £3727.32
 

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 ? on line

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? don't know

 

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. assigned
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? no
 

Did you receive a Default Notice from the original creditor? no
 

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? Redundancy
 

What was the date of your last payment? at 5 or 6 years' ago

 

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 

 

Hi All received claim from Link Asset, 14 Sept 2022.

I've requested CCA and CPR  23 Sept 2022 and received no reply to date.

I've trying to access my account on MCOL over the last few days and now resorting to emailing the defence.

 

I've been looking at defence responses previously advised by in this particular topic and the forum advisors and looking for guidance as to a suitable template to utilise.

 

Thanks in anticipation

Edited October 11, 2022 by dx100uk
formatting

[AndyOrch]

Hope you have acknowledged service ? (30th Sept)

[Iddon Leo]

Yes, AOS returned 23 Sept 2022, apologies.

I've seen a couple of defence returns and wondering if the following from a similar case, albeit with dates and numbers amending, would be suitable?

 

1.The Defendant contends that the particulars of claim 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. Paragraph 1 is noted. I have had in the past a contractual relationship with Barclaycard. The Defendant does not recognise the reference number provided by the claimant within its particulars . I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my requests for further information.

 

3. Paragraph 2 is noted. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by Barclays Bank and received by the Defendant.

 

4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Barclays Bank.

5. On the 05/10/2021 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 78 request. The claimant as yet to respond to this request. Kearns as yet to respond in relation to the CPR 31.14 request. To date, 21/10/2021, no documentation has been received. The claimant remains in default of my section 78 request.

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 proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to:

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

(b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974

(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.

[dx100uk]

lots of suitable kearn claimform barclaycard threads here

 

use our enhanced google searchbox.

 

dx

 

ah you found one.

 

dx

 

[Iddon Leo]

Thanks to both of you on this defence filed via MCOL thus afternoon.

[dx100uk]

good now get reading up here a good few 10's of card claimform threads

so you know what is to come, whats after that, and how to react at each stage.

 

however please check with us before doing anything else going fwd!!

[AndyOrch]

Topic open

[Iddon Leo]

I've received new documents regarding an application to lift the stay and for direction questions.

Shall I post up docs later?

[AndyOrch]

Yes please fully redacted...copy of their statement /n244/and any exhibits referred to within their statement.

[Iddon Leo]

1 Redacted doc uploaded remainder are too large file size.

Any suggestions?

 

2023-02-10 Kearnswe've sent documents.pdf

[AndyOrch]

Reduce or compress your scan size.....

[dx100uk]

read upload carefully

dx

[Iddon Leo]

Here you go

 

N244 + docs .pdf

[AndyOrch]

Thanks so just an application to lift the stay and proceed to the DQ. Come back when you receive your DQ (N180)

 

Andy

[AndyOrch]

[Iddon Leo]

Do I complete and send the N180?

[dx100uk]

well be needing to see ALL the exhibits they sent with that N244 at some point please.

 

[AndyOrch]

23 minutes ago, Iddon Leo said:

Do I complete and send the N180?

Yes but only when you  receive it from the court..that will inform you of the date when you have to submit by.

[Iddon Leo]

I'll upload the exhibit docs over the next few days

Thx Andyorch

[AndyOrch]

No point really its simply an application to lift the stay and proceed and you cant really object or stop it.

How long has it been stayed ?

[Iddon Leo]

At least 12 months and maybe longer

[AndyOrch]

DQ next task for you then. Get it away this weekend you already have the date in your uploads.

8th Jan 2024

 

.

[dx100uk]

On 12/10/2022 at 15:07, Iddon Leo said:

Thanks to both of you on this defence filed via MCOL thus afternoon.

 

[Iddon Leo]

I get the DQ sent out tomorrow and I believe I answer question 3 indicating that the claim is generic (?l

[AndyOrch]

Questions have letters you mean C ? Yes to C1