link/kearns claimform - Old Morgan stanley Card - chasing again - now stay lifted - i'd moved!!

[slick132]

Until they reply to the CCA, you do nothing as DX said 

 

[Crolthtroll]

ok

[Crolthtroll]

I received a county court claim form today? What do I do next?

[dx100uk]

Please complete this

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**(2-Viewing)-nbsp

 

Moved to legals and re titled

[slick132]

Hi Ellis,

 

Give brief info about the issue to date and about the failure to reply to your CCA request.

 

 

 

[Crolthtroll]

Name of the Claimant ? Asset link capital (NO5) Limited

 

Date of issue – .*5th June 2018

 

 

What is the claim for

 

1The claimant claims the whole of the outstanding balance due payable under an agreement referenced ---- and opened effective from 17.07.2003

 

2. The agreement is regulated by the consumer credit act 1974, was signed by the defendant and from which credit was extended to the defendant.

 

3. The defendant failed to make payment as required and by 11.07. 2016 a default was recorded.

 

4.As at 30.09.2016 the defendant owed Barclaycard plc the sum of 6059.

 

5.By agreement in writing the benefit of the debt has been legally assigned to the claimant effective 30.09.2016 and made regular upon the claimant serving notice of assignment upon the defendant shortly thereafter.

 

6.And the claimant claims 1.6159

2. Interest pursuant to section 69 county court act (1984) at a rate of 8% per annum from 30.09.2016 to 4.06.2018 and thereafter at a daily rate of 128 to date of judgment or sooner payment. Date 04.06.2018

 

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

 

What is the value of the claim?7349

 

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 2007? 2003

 

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?*Not sure

 

Did you receive a Default Notice from the original creditor?*Not sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?*Not sure

T

Why did you cease payments? Out of work

 

What was the date of your last payment? Not sure

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

Edited June 6, 2018 by dx100uk
Format

[dx100uk]

Go ring barclaycard and ask last payment date

You will need the 16 digit card number

[Crolthtroll]

I have completed the cpr31.14 and will send off recorded delivery to Kearns.

I will send the acknowledgment of service off as well tomorrow. Is that all I need to do for Now?

 

Thanks

 

Thanks for editing. Doing all this on my phone and not being very proficient with word I struggle a bit. Also a little panicky so may be rushing doesn't help. I do appreciate all your help.

[dx100uk]

Have you paid anything since you originally came here in 2009

 

No need for recorded delivery

Get cca and cpr done

 

You dont send off the aos

You dont use the forms

Use mcol website

Defend all

Leave jurisdiction unticked

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

[Crolthtroll]

I have already sent the cca request 4th December 2017 do I send another one? Yes I have definitely paid since 2009 this is not SB if that's what you are trying to determine. I will ring BCard again this morning.

 

The cca request was outstanding when I received this count court claim, I thought pursueing a debt in any way was not permitted whilst a cca request has not been complied with, Is this my defence?

[AndyOrch]

The cca request was outstanding when I received this count court claim, I thought pursueing a debt in any way was not permitted whilst a cca request has not been complied with, Is this my defence?

 

Not quite....

 

(6)If the creditor under an agreement fails to comply with subsection (1)

(a)he is not entitled, while the default continues, to enforce the agreement;

 

Can still issue a claim...cant enforce it.

 

Andy

[Crolthtroll]

So they could still get a judgement but not enforce? Could they then go for a charging order as well?

 

What would be my defence?

[AndyOrch]

You cant get a judgment without enforcing the agreement.

 

(a)he is not entitled, while the default continues, to enforce the agreement

[Crolthtroll]

Hi dx100uk, done everything you advised. I have to submit my defence before 8th July can you help with this please?

Many thanks

El.

[dx100uk]

1000's of threads here

 

use our search CAG box of the top redtool bar

 

claimform card

[Crolthtroll]

Andyorch Here is my defence. Could you please check it for me? Do I need to add a witness statement of truth at the end? Thank you.

 

 

Particulars of Claim for cross reference only

 

What is the claim for

 

1 The claimant claims the whole of the outstanding balance due payable under an agreement referenced ---- and opened effective from 17.07.2003 .The agreement is regulated by the consumer credit act 1974, was signed by the defendant and from which credit was extended to the defendant.

 

2. The defendant failed to make payment as required and by 11.07. 2016 a default was recorded. .As at 30.09.2016 the defendant owed Barclaycard plc the sum of 6059.

 

3. By agreement in writing the benefit of the debt has been legally assigned to the claimant effective 30.09.2016 and made regular upon the claimant serving notice of as signment upon the defendant shortly thereafter.

 

And the claimant claims 1.6159

2. Interest pursuant to section 69 county court act (1984) at a rate of 8% per annum from 30.09.2016 to 4.06.2018 and thereafter at a daily rate of 128 to date of judgment or sooner payment. Date 04.06.2018

 

 

 

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. I have in the past had financial dealings with Barcalycard. I am unaware of what alleged debt the claimant refers to and have requested further information by way of a CPR 31.14 and section 78 request. The claimant has failed to supply a copy of the signed agreement as per my request dated 4th December 2017 and is in breach of the section 78 request.

 

3. Paragraph 2 is noted. I await further information with regards to service of a Default Notice.

 

4. Paragraph 3 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925.

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have not complied to my section 78 request and remain in default and with regards to my CPR 31.14 request. The claimant with their none compliance to my requests have frustrated my attempts to clarify their claim.

 

6. Therefore the Claimant is put to strict proof to:

 

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

(b) show how the Defendant has reached the amount claimed for; and

© show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974;

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

7.. As per 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.

Edited July 1, 2018 by Andyorch
Particulars added

[AndyOrch]

"Do I need to add a witness statement of truth at the end? " No because its not a Witness statement its a defence and I assume you are submitting on line MCOL ?

 

 

 

 

###Proposed 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. I have in the past had financial dealings with Barcalycard. I do not recall of what alleged debt the claimant refers to and have requested further information by way of a CPR 31.14 and section 78 request. The claimant has failed to supply a copy of the signed agreement as per my request dated 4th December 2017 and is in breach of the section 78 request and therefore not in a position to plead whether it was signed by myself or not.

 

3. Paragraph 2 is noted. I await further information with regards to service of a valid Default Notice pursuant to sec 87(1) of the CCA1974 and it was actually served.

 

4. Paragraph 3 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925.

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have not complied to my section 78 request and remain in default and with regards to my CPR 31.14 request. The claimant with their none compliance to my requests have frustrated my attempts to clarify their claim.

 

6. Therefore the Claimant is put to strict proof to:

 

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

(b) show how the Defendant has reached the amount claimed for; and

© show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974;

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

7.. As per 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.

[Crolthtroll]

Yes will submit on line through MCOL BIG THANKYOU

[Crolthtroll]

Hi All,

I received a letter from Kearns in reply to my CCA and CPR 31.14 request. 

 

they sent a copy of

my signed agreement which is also an application form.

Copy Morgan Stanley tc's

copy Barclay tc's

default notice

assignment notice

some copies of monthly statements and

a letter saying they have met there obligations please cobtact us with your payment proposal. 

 

 

 

 

 

docs1.pdf

[Crolthtroll]

Does my agreement look to be enforceable?

I will send the other pages as soon as I get home.

 

Thanks

[dx100uk]

its an application form....

[dx100uk]

revised pdf in post 46

 

lets see if they issue an n244 and try and lift the stay.

 

[Crolthtroll]

Thanks, did you get the mail with the Morgan Stanley tcs? I spent most of yesterday reading other posts to try and get an idea what my defence would be should they lift the stay am I right in saying they still haven't complied to my cca.

[dx100uk]

I've updated the docs1 in post 46 with the full MS T&C's

there no name or indication of date on those [usually little letters around the edge boarder]

so they could have come from anywhere

[Crolthtroll]

Hello dx, 

There is something on the very last page bottom right hand corner of MS tc's that looks like it could be a date.