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Fridayalready

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  1. Thanks. yes you are correct about paragraph 2 - i checked and i did receive a pack. I noticed you have edited the defence - Thanks.
  2. 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.
  3. 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.
  4. 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.
  5. 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
  6. 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.
  7. 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
  8. 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?
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