LCR claim form arrived old monument 'debt'

[57alan0]

Hi Guys

 

Could I have some advice please for a claim form that arrived dated 17th Dec?

 

It's for an old credit card with Monument that has been assigned to JC International Acquisitions LLC (whoever they are)

it seems early 2011.

 

 

It has done it's rounds with several DCAs and more recently to LCR who have offered discounts of 60% and 50%

and because I have not taken the bait a claim form!

 

I have previously refrained from claiming PPI miss-selling on the account on the grounds of letting sleeping dogs lie.

 

I know I must acknowledge the claim but where could the PPI claim come in to play?

[dx100uk]

please fill this out

and post back here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

[57alan0]

DAte Of Claim : 17th December 2014

 

 

What is the claim for

 

The Credit agreement provides the account may be transferred to another organisation which is licensed under the Consumer Credit Act 1974 (CCA) incl. organisations outside the EEA.

The Claimant is licensed by the FCA to carry on consumer credit related activities in the UK.

The agreement provides it it subject to English law and jurisdiction of the English Courts.

By an agreement between the parties regulated by the CCA,

MONUMENT VISA from Barclays (the Assignor) agreed to provide credit card services to the Defendant

the card number being xxxxxxxxxxxxxxxx.

In breach of the agreement the Defendant failed to make the required payments.

The Assignor issued a default notice and the contract was terminated.

By agreement in writing dated xx/xx/2011 the Assignor assigned the debt to the Claimant AND

T HE CLAIMANT CLAIMS The sum of £4,000

Interest pursuant to S69 of the County Court Act 1984 namely 250 continuing at 0.xx daily until judgment or payment.

 

What is the value of the claim? £4k

 

Is the claim for a current or credit/loan account or mobile phone account?

Credit card

 

When did you enter into the original agreement before or after 2007?

2002

 

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 assigned to JC International Acquisitions LLC

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

No - Circuit Financial Solutions chasing for Compucredit

was the first indication that the debt had been sold.

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? None at all

 

Why did you cease payments? Financial difficulties

 

What was the date of your last payment? May 2011

 

Was there a dispute with the original creditor that remains unresolved? I have yet to make a claim for miss sold PPI

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan?

I did inform them (verbally) that I was having problems keeping up with regular payments

[dx100uk]

ack the claim on MCOL

 

 

defend all

get a CCA request off to the claimant

blank £1PO, do not sign the letter

 

 

get a CPR 31:14 [library tab top left - legal section] to the solicitors

requesting

agreement

Notice of Assignment

Default notice

Termination Notice

 

 

when was the last time you paid/used the card?

 

 

is this on your credit file?

[see noddle below]

[57alan0]

get a CCA Request off to the claimant

JC International or LRC? - JC is the name on the claim form.

 

when was the last time you paid/used the card?

Last made a token payment in May 2011

 

 

is this on your credit file?

It does not show on Noodle or Experian - there is an entry for Raphaels Bank (CCRT UK) Satisfied debt assigned (03/11) but nothing for JC International.

[renegadeimp]

You CCA who ever is chasing you.

[dx100uk]

CCA goes to the CLAIMANT named on the claimform!!

 

 

dx

[57alan0]

Claim acknowledged, CPR and CCA requests in the post.

[57alan0]

Can someone confirm the date by which I need to file my defense please? Claim dated 17th December 2014.

[dx100uk]

33 days, claimform date is day ONE

 

 

however there was atleast one court holiday [boxing day] poss 2? over the holidays

 

 

but I'd not rely on them being inc.

[dx100uk]

i'd say by 4pm Monday 19th

[57alan0]

As in other threads I too have received a "final response following my recent correspondence" from Monument

offering a refund of Payment Break Plan including charges and interest

- although I have to say this is something I intended to pursue.

 

 

I sent off a CCA request to JC but nothing to Monument.

 

 

To date I have had nothing back from JC or the sols for my CPR31.14 request.

 

 

Need to start work on my defence.

[dx100uk]

std no paperwork/holding defence

in numerous threads here

 

 

and

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

[57alan0]

Hi dx - could you check over my defence please? (all thanks to Andy - you guys are stars and a credit to this site).

 

Particulars of Claim

 

 

1.The Credit agreement provides the account may be transferred to another organisation which is licensed under the Consumer Credit Act 1974 (CCA) incl. organisations outside the EEA. The Claimant is licensed by the FCA to carry on consumer credit related activities in the UK..The agreement provides it is subject to English law and jurisdiction of the English Courts.

2.By an agreement between the parties regulated by the CCA,

MONUMENT VISA from Barclays (the Assignor) agreed to provide credit card services to the Defendant

the card number being xxxxxxxxxxxxxxxx.

 

3.In breach of the agreement the Defendant failed to make the required payments.

4.The Assignor issued a default notice and the contract was terminated.

5.By agreement in writing dated xx/xx/2011 the Assignor assigned the debt to the Claimant AND

THE CLAIMANT CLAIMS The sum of £x,xxx interest pursuant to S69 of the county court Act 1984 namely xxx continuing at 0.xx daily until judgment or payment

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 2 is noted. I have in the past had financial dealings with Monument. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

3. Paragraph 3 is denied I am unaware of what account the claimant refers to nor ever recall receiving any Default Notice pursuant to the CCA1974.

 

4. Paragraph 4 is denied I do not recall receiving any Notice of Assignment from the assignee pursuant to the LoP1924

 

5. 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 with the Claimant; and

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

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

 

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77 request and remain in default and with regards to my CPR 31.14 request.

 

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.

[dx100uk]

3. Paragraph 3 is denied I am unaware of what account the claimant refers to nor ever recall receiving any Default Notice pursuant to the CCA1974.

 

 

add termination notice too

 

 

dx

[oleg]

Alan -

 

Para numbers of the defence you've lifted had matched those of the particulars to which they had originally referred.

 

 

Your particulars have no numbers so you have to deny each point one by one without number [aside from the numbers of your own paras]

 

eg no. 3 : I deny knowledge of the account to which the claimform refers.

 

[new no.]: I do not recall having received a Default Notice for the purported account.

 

I would say MONUMENT VISA FROM Barclays, same as particulars do, rather than just Monument in your no. 2. As there is no such company as "MONUMENT VISA FROM Barclays", it could add a little welcome confusion to the matter.

[oleg]

.

Speaking of confusion, awful lot of bramble in the names quoted above, so a brief historical note may be of help . . .

 

Barclays sold major part of the under-performing Monument brand to Compucredit and Raphael 's Bank jointly. They in turn sold portfolio of "dead" accounts to debt purchasers JC International. Circuit are DCA.

[57alan0]

just to add a little more confusion the account was originally Providian.

 

Defence filed - will update when I hear anything.

 

Thanks guys.

[oleg]

Yes, I was trying to keep it brief and didn't know how far back your account went. Providian sold off their uk low-income credit card arm at a turbulent point in their history.

 

Barclays's subsequent foray into this sector later came back to bite them big time. I wonder whether Barclays hold any original Providian CCAs.

 

Would have been better had you posted up final version of defence for checking, just to be sure. It's so easy to slip up. We will need to refer to it as the case progresses. We can't help properly if we're not kept in the loop. Pls post it up when you get a moment.

[57alan0]

Hi Oleg

 

 

This is the defence I have submitted.

 

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. I have in the past had financial dealings with MONUMENT VISA from Barclays. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

3. I am unaware of what account the claimant refers to nor ever recall receiving any Default Notice or termination notice pursuant to the CCA1974.

 

4. I do not recall receiving any Notice of Assignment from the assignee pursuant to the LoP1924

 

5. 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 with the Claimant; and

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

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

 

 

 

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77 request and remain in default and with regards to my CPR 31.14 request.

 

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.

[oleg]

Thank you alan.

 

Now the wait.

[57alan0]

Here's an interesting one.

 

In thread #12 I mentioned a final response notice from Monument with an offer to refund PPI premiums.

 

 

I have today received a notice of reassignment from Monument reassigning all of JCs rights etc back to Compucredit CCIS (Monument).

 

 

Makes me think they are one of the same.

 

Where does this leave the claim?

[oleg]

It has no effect on the actions you have to take. Looks like J C are feeling miffed and as part conditional provisions of the portfolio sale agreement are now handing back.

 

They're not exactly same company, as I outlined earlier, but more or less tentacles of an octopus.

 

"Treating Customers Fairly?"

[splitenz]

If they reassign the account back to monument can they (monument) offset the account balance with the ppi and charges,or not?

[dx100uk]

yes

 

 

dx