Superb, thank you, I'll send the response this weekend.

Thank you for all of your excellent advice. This morning I received an N149A Notice of Proposed Allocation to the Small Claims Track from the court. Am I right in thinking that I should now respond as follows? YES to Small Claims Mediation YES to 'Do you agree that the small claims track is the appropriate track for this case?' NO to suitability without a hearing Given that they have provided the required documents for their case it would seem some form of mediated outcome is the best I can hope for? Money is tight at the moment, but I could afford a monthly payment of £100 over 48 months to clear half of the balance. Is this a reasonable offer to make?

Many thanks for your ongoing help. Link Docs.pdf

Thank you, that's very much my thinking too. I very much appreciate your help.

Thank you. I believe the case has probably been stayed by now as the last action on the MCOL site is from 06/02/2023 when my defence was received. Having looked through the documents Kearns sent to me, I'm not sure they are enforceable. While the MBNA statements are legitimate, the Credit Agreement is unsigned, undated and generic and makes no mention of me by name. Furthermore some of the 'letters' they claim to have sent to me look like basic word documents and I have no recollection of receiving these. Am I safe to just ignore them at this point? Many thanks again.

I received the following yesterday morning. I'm very unsure as to what to do next. Any help would be very much appreciated. Brecon House 3 Caerphilly Business Park Caerphilly CF83 3GQ Tel 02920808668 Fax 02920853677 www.kearns.co.uk Date: 28 March 2023 Dear Sir Re. LC Asset1 S.a r.l Claimant: Court : County Court Business Centre Claim number: K***** Reference No: 2******* Account No: 4************** We write in relation to the above. We acknowledge the receipt of your defence filed on 30/01/2023, received on 08/02/2023. You intend to dispute the debt owed. In your Defence you claim that you are unable to recall the agreement referred to in the Particulars of the Claim. In reply to this, the claim relates to monies that remain unpaid under a Credit Card Agreement that was opened with MBNA Limited on 01/05/2017. As a result of your default, MBNA Limited assigned the debt to L.C Asset S.a.r.l. on 18/02/2022. You were notified of the assignment in writing on 21/02/2022. You have implied that the Claimant has not responded to your Section 78 request, as per our records no request was received. You claim to have denied being served with the Default notice and the Notices of Assignment. This documents that you were fully aware of the debt. Following the assignment, our client attempted to contact you both by letter and telephone, but we received no response and consequently we were instructed to commence legal proceedings on their behalf. We acknowledge the recelpt of your CPR 31.14 request dated 03/02/2023 I compliance with your CPR 31.14 request, please find enclosed. A copy of the Credit Agreement along with Terms and Conditions A copy of the Default Notice A copy of Notice of Assignment A copy of the Statements A copy of the Termination letter If you would like to settle the matter without the necessity of progressing to a court hearing , we would invite you to sign and return the attached pro-forma together with a reasonable offer of payment. If the matter iS progressed to trial, we will seek to recover any associated costs from you which willl be added to the current balance Our client does not wish to go down this route but will be left with no alternative should we receive no response from you, within the course of the next 28 days from the date of this letter. Yours faithfully KEARNS SOLICITORS

Thank you. I've made the amendments and submitted the defence. In all honesty I can't remember what I've received and what I haven't. I buried my head in the sand until the claim form arrived. Not clever.

Many thanks for your ongoing assistance. Here is my proposed defence. Is it suitable? 1.The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced opened effective from 4*******************1 and 01/05/2017. 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 09/01/2020 a default was recorded. 4. As at 18/02/2020 the Defendant owed MBNA Limited the sum of 7,330.96. 5. By an agreement in writing the benefit of the debt has been legally assigned to C effective 18/02/2020 and made regular upon C serving a Notice of Assignment upon D shortly thereafter. And C claims- 1. 7,330.96 2 Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8 % per annum from 18/02/2020 to 04/01/2023 of 1,625.45 and thereafter at a daily rate of 1.55 to date of judgment or sooner payment. Date 04/01/2023 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 2 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 3 February 2023 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, Notice of Assignment and Statement of Account. To date Kearns Solicitors have not sent any of these documents to me. 7. On the 3 February 2023 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. 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. 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; 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.

Thank you very much. I need to file my defence in the next few days as the claim form shows a date of January 4th on it. What should I say in my defence? Just that I am awaiting proof of the debt?

Thank you

I'm just completing the CCA Request now but I'm unsure as to who to send it to? Should it go to Link Financial who I believe are the DCA or LC Asset 2 S.A.R.L who are based in Luxembourg?

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 – 04 Jan 2023 Particulars of Claim 1.The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced opened effective from 4*******************1 and 01/05/2017. 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 09/01/2020 a default was recorded. 4. As at 18/02/2020 the Defendant owed MBNA Limited the sum of 7,330.96. 5. By an agreement in writing the benefit of the debt has been legally assigned to C effective 18/02/2020 and made regular upon C serving a Notice of Assignment upon D shortly thereafter. And C claims- 1. 7,330.96 2 Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8 % per annum from 18/02/2020 to 04/01/2023 of 1,625.45 and thereafter at a daily rate of 1.55 to date of judgment or sooner payment. Date 04/01/2023 What is the total value of the claim? £9511.41 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? Can't remember 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? Loss of income due to illness, upon returning to work I was furloughed (over 50% cut in pay) and then my wife had our daughter, again halving our family income. What was the date of your last payment? Late 2019 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 ......................................................... I have acknowledged the claim on MCOL but have not yet filed a defence. Today I will submit a CCA Request and CPR 31.14 Request. I absolutely cannot afford to pay this amount in one go and a CCJ would be devastating as we are due to relocate for my job later this year and will need to get a new mortgage.

Not in the immediate future, perhaps in five years time. However, I visit every four to six weeks for a few days.

Hi there, I received an email from my mother back in the UK yesterday saying that a bailiff from the Marston Group had attempted to visit her house while she was out yesterday. After many phone calls I have established that they are chasing a parking fine from October 2008. At that time I was living with my mother, however, in January 2009 I moved to Guernsey before moving to the British Virgin Islands in 2010 and eventually to the USA earlier this year. According to the court, the case was heard in my absence in May 2009. However, I have no prior knowledge of being given said parking ticket and I received no communications regarding the ticket or subsequent court case. I can only assume that all correspondence were sent to my mother's address. Marston Group are now asking for £465! Had I known of the parking ticket it, I would have paid it on the day that I received it and got on with my life! I have told my mother to send in a copy of her council tax form along with a letter informing them that I no longer live at that address. This is what I was advised to do when I spoke to a lady at the Marston Group earlier. However, is there anyway for me to get the court judgement set aside seeing as I did not know that the case even existed? I realise this is all made a lot more complicated by the fact that I live in the USA. Any help in this matter would be much appreciated.