Asset Link/Kearns Claimform - old HBOS Credit Card Debt

[stevehatesbankers]

I had a credit card from 2017 and being self employed at the start of Covid, I received little Government support which resulted in an increase in credit card debt.

 

I contacted BOS asking for support in late 2020 mainly reducing monthly payments however, they denied I contacted them and as a result, issued a default against me which has naturally impacted on my credit file.

 

They immediately sold the debt to Asset Link Capital who have bombarded me ever since.

 

I received a Letter before Action earlier this year but initially ignored it as half the time I didnt know who I was dealing with especially with receiving calls and communications from Asset Linked Capital, Link Financial, Link Outsourcing, LC Asset 2 S.A.R.L and now Kearns.

 

I received a CC Claim Form and offered a settlement which was declined quite abruptly by a not so charming employee of Kearns.

 

I forwarded both Kearns and Asset Linked Capital SAR.

 

Kearns returned correspondence which was in essence a communication log of all telephone and attempted telephone calls made by Asset Linked Capital.

There was no copies of an executed CCA, T&C, Notice of Assignments or Defaults.

 

I have just sent a CCA request to both Kearns and Asset Linked.

 

I have completed the Acknowledgement of Service on the Mcol website within 2 weeks however need to provide my defence in the next few days so any assistance will be appreciated

[dx100uk]

thanks for the block of text...

now spaced.

 

please complete this:

 

 

 

dx

 

 

[stevehatesbankers]

Which Court have you received the claim from ? County Court Business Centre N1

 

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

 

Date of issue –    15 March 2023

 

Particulars of Claim

1.The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced 5******************** and opened effective from **/**/2017.

 

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 to comply with a Default Notice served pursuant to s87 (1) CCA and by **/02/2021 a default was recorded.

 

4. As at **/03/2021 the Defendant owed Bank of Scotland the sum of 7,236.

 

5. By an agreement in writing the benefit of the debt has been legally assigned to C effective **/03/2021 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.

 

And C claims-

1. 7236 2 Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8 % per annum from **/03/2021 to **/03/2023 of 1,093.13 and thereafter at a daily rate of 1.53 to date of judgment or sooner payment. Date 15/03/2023

 

What is the total value of the claim? £8884
 

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

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 April 2007
 

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

 

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. Debt purchaser
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Letter notifying me but dont recall a Notice of Assignment

 

Did you receive a Default Notice from the original creditor? Can't remember

 

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

Why did you cease payments?  Was self employed during covid and received very little Government support 

 

What was the date of your last payment? Late 2020 
 

Was there a dispute with the original creditor that remains unresolved? Yes, requested that they reduce payments. BOS stated they didnt receive such a request from me. Defaulted me then immediately sold the debt to Asset Linked Capital
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I tried to (Please see above)

 

[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
.do not ever use or give an email
.
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]

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

use our enhanced google searchbox

 

link claimform card

 

post up your defence by 4pm friday its filing date.

 

we'll check it.

 

dx

 

 

[stevehatesbankers]

Thanks dx, I have sent the CCA away today.

 

I am trying to get onto the Mcol website but unable to do so due to incorrect password or claim number despite the claim form in front of me and having already posted an AOS 2 weeks ago.

 

I am currently on the phone to the courts to assist in accessing my account 

[dx100uk]

poss just having database issues quite common.

 

dx

 

[stevehatesbankers]

I have sent everything away to the Kearns and Asset Link so just need to submit my defence. I spoke to the courts yesterday and they have suggested I email my defence if I continue with login issue

[Andyorch]

Make sure the court acknowledges (email receipt)

[dx100uk]

get your defence up here for checking

must be filed by 4pm tomorrow

 

MCOL is only one way of responding to a claim. 
(AOS, DEFENCE, N180 ETC)
.
If you are having problems logging in, or would prefer not to use MCOL, 
you can fax, email or post your response to the Court instead. 

If you send your response by e mail 
please send it to ccbcaq@hmcts.gsi.gov.uk 

ensure you quote “Claim number xxx xxx (type of response i'e AOS , Defence, N180)” in the subject field. 
.

[stevehatesbankers]

Are there any defence templates/guidance on CAG 

[Andyorch]

Find similar and edit to suit your particulars of claim :-

 

https://www.consumeractiongroup.co.uk/forum/129-legal-successes/

[dx100uk]

On 12/04/2023 at 01:31, dx100uk said:

use our enhanced google searchbox

 

link claimform card

 

post up your defence by 4pm friday its filing date.

 

we'll check it.

 

dx

 

 

 

told you what to do yesterday.

[stevehatesbankers]

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

[Andyorch]

Your Particulars of claim is in post#3 above

[dx100uk]

use our enhanced google searchbox

 

link claimform card

 

pop up your proposed defence

 

dx

 

[dx100uk]

Dont use .doc or .docx as all you pers details are in file info/ properties.

 

Just copy and paste it to a msg box here so we can edit it

 

Dx

[stevehatesbankers]

Morning Dx, just sent you a message

 

 

 

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 1^st 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.

 

 

 

 

 

 

[dx100uk]

No that needs alot of work.

 

Link are not thw original creditor!!!

 

Dx

[stevehatesbankers]

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

 

Edited April 14, 2023 by stevehatesbankers
spelling mistake

[dx100uk]

Have a look at these.

 

Programmable Search Engine

CSE.GOOGLE.COM

clickme^^

 

youll see links particulars of claim are identical to yours.

 

 so use the defence there from one.

 

Post it up here from checking.

 

Dx

[stevehatesbankers]

 

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 28^th 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 23^rd 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 12^th 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 12^th 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. 

 

On 13/04/2023 at 13:08, Andyorch said:

Make sure the court acknowledges (email receipt)

 

Will do, cheers Andyorch 

[Andyorch]

Particulars of Claim

 

1.The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced 5******************** and opened effective from **/**/2017.

 

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 to comply with a Default Notice served pursuant to s87 (1) CCA and by **/02/2021 a default was recorded.

 

4. As at **/03/2021 the Defendant owed Bank of Scotland the sum of 7,236.

 

5. By an agreement in writing the benefit of the debt has been legally assigned to C effective **/03/2021 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.

 

And C claims-

1. 7236 2 Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8 % per annum from **/03/2021 to **/03/2023 of 1,093.13 and thereafter at a daily rate of 1.53 to date of judgment or sooner payment. Date 15/03/2023

 

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 and particulars referred to within the claimant's particulars and have sought further validation by way of a CCA section 78 request.

 

3. 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.

 

4. 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.

 

5. On 28^th 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 23^rd 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  and therefore prevented from enforcing any alleged agreement.

 

7.  On 12^th 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 and therefore prevented from enforcing any alleged agreement. 

 

8. On 12^th 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 service of a 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.

 

 

 

 

Checked......just a few tweaks made,

 

Andy

[stevehatesbankers]

 

 

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 1^st 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

[Andyorch]

Just the defence not the POC that's just there for my reference when checking.

[stevehatesbankers]

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 1^st 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