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G7980

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  1. Which Court have you received the claim from ? Civil National Business Centre Name of the Claimant ? LC ASSET 2 S.A.R.L. How many defendant's joint or self ? Self Date of issue – . 6 October 2023 Particulars of Claim What is the claim for – the reason they have issued the claim? 1. The Claimant (C) claims the whole of the outstanding balance due and payable under the regulated agreement referenced xxxx xxxx xxxx xxxx and opened effective from 07/11/2016. 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 25/02/2021 a default was recorded. 4. As at 29/11/2022 the Defendant owed Barclaycard the sum of 2.231. 5. By an agreement in writing the benefit of the debt has been legally assigned to C effective 29/11/2022 and made regular upon C serving Notice of Assignment upon D shortly thereafter. And C claims 1. 2,321 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from 29/11/2022 to 06/10/2023 of 144.43 and thereafter at a daily rate of 0.47 to date of judgment or sooner payment. Date 06/10/2023 What is the total value of the claim? £2,570 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Can't recall receiving it 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 ? 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? Yes 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? Lost job during COVID. Couldn't afford payments after payment holiday ended. What was the date of your last payment? Late 2020 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, stopped payments after payment holiday ended ....................................................... I did the AOS, sent CPR and CCA requests and filed the standard holding defence found here. Today I received the attached bundle from Kearns. The first letter says " The Default notice and notices of assignment were sent to your last known address at xxx". This was an address I had lived at from 2009 to 2011, 5 years prior to taking out this credit card. I have been living at my current address, and on the electoral role, since 2015 and took out the card in 2016. The default notice in the attached bundle is indeed to addressed to the old address. The first letter in the bundle also says "In your defence you claim that the Claimant is in breach of the Financial Services Act, 2000 and the Claimant is not registered under the FCA" and goes on further about the Claimant being registered in Luxembourg etc. I never mentioned any of this in my defence so I assume they've just cut and pasted from another letter/claim. The last entry on MCOL is "Your defence was received on 06/11/2023 at 08:05:46" Should I enter into any communication with Kearns at this stage? Or wait to hear from the Court? Any thoughts on the incorrectly addressed DN or the credit agreement? LinkKearns 071223 Redacted-compressed-1.pdf
  2. Apologies, can't edit the above post. When I say interest, I actually mean the added fee of 7.5% on debts over £1500.
  3. Hope I can explain this well enough. Moved into property in 2015. It is the annexe of my parent's house. 2015-2017 Paid Band A ctax in full for the annexe. 2017-2019 Was a full time student and granted exemption from Council Tax. 2019-2022 Had to pause full time education due to ill health and financial reasons. Buried head in sand and did nothing about paying ctax. Council took me to Court and eventually in late 2022 passed the account to bailiffs for the 3 years unpaid. After one bailiff visit, agreed payment plan and have been paying on time every month. Bailiff added one £235 visit fee, plus 7.5% for debt over £1500 (for each year), plus £75 compliance fee for each year of ctax owed. Realised last month I could be entitled to a family annexe discount and single person discount. Applied to council for these, both discounts were granted and backdated to 2019 onwards. This reduced the debts for ctax to just over £500 per year. The Council confirm I have now paid ctax in full for all 3 years and the outstanding amount left is made up purely of the interest the bailiff added for the original debts being over £1500. My argument is that as the debt has been adjusted to well below £1500 for each year, I should not be paying this interest now. Bailiff says the fee/interest was correct at the time it was added and is therefore owed in full. Can anyone point me to legislation or guidance as to whether I should pay this interest to the bailiff?
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