LC Asset 1 S.A.R.L/kearns claimform - old Newdays card debt ***Claim Discontinued***

[Boro]

I have received a county court claims form from Kearns Solicitors, the claimant is LC Asset 1 S.A.R.L in Luxenbourg, the first I have heard from this company was a letter a few weeks ago when I returned from hospital.

 

Any advice on how I should proceed? I am broke being supported by my parents, haven't worked in over 18 months and am currently recovering from my 5th surgery in that same time.

 

I don't think they sent a default notice or notice of assignment either as I have been through my files (I file everything) and cant find either.

 

Edited scan of the claims form

 

 

[dx100uk]

please complete this:

 

 

dx

 

[Boro]

Thanks DX here it is:

 

Name of the Claimant ? LC Asset 1 S.A.R.L

 

Date of issue –  24^th October 2019

 

Date to acknowledge) = 11^th November 2019

 

 date to submit defence =  - 25^th November

 

Particulars of Claim

 

 1.The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from -/-2013.

 

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 -/-2019 a default was recorded.

As at -/-/2019 the Defendant owed “Newday LTD” the sum of £7000.

 

4.By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective -/-2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter.

 

And the Claimant claims-

1. 7000

2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from -/-2019 to -/-2019 of 3000 And thereafter at a daily rate of 150 to date of judgment or sooner payment. Date -/-/2019

 

What is the total value of the claim? £8000

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes although see notes at the end as does not fully comply.

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 ? 2013

 

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 collector

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

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?Have been out of work 18 + months

 

What was the date of your last payment? Partial payment last made in July 2018

 

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?

I contacted the creditor to try to arrange a payment arrangement but realised with no income and relying on credit to make any payments was a stupid idea.

 

Reading the pre action protocol the letter of claim does not state

 

(a) (ii) whether interest or other charges are continuing

 

Does none of the following:

 

(b)do one of the following –

 

(i)enclose an up-to-date statement of account for the debt, which should include details of any interest and administrative or other charges added;

 

(ii)enclose the most recent statement of account for the debt and state in the Letter of Claim the amount of interest incurred and any administrative or other charges imposed since that statement of account was issued, sufficient to bring it up to date;or

 

(iii)where no statements have been provided for the debt, state in the Letter of Claim the amount of interest incurred and any administrative or other charges imposed since the debt was incurred;

[dx100uk]

thank you

i'll tidy things later:

 

for now:

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 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
 you DO NOT file a defence at this time
 click thru to the end
 confirm and exit MCOL.
.
.
 get a CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
.
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
.
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 [1 in the count]
 

[Boro]

Thanks DX,

I have filed an AOS and am working on the CPR request,

im a little confused as to how I need to edit this (may be the meds they have me on):

 

1: the agreement.

You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

Also if im requesting the agreement using CPR is a CCA request needed?

 

[AndyOrch]

Quote

Also if im requesting the agreement using CPR is a CCA request needed?

 

 

Yes

[dx100uk]

just leave that bit in on the CPR wont hurt.

 

dx

[Boro]

Thanks guys I have sent off the CPR request, with the CCA request does it have to be a postal order or can I have someone write a cheque instead?

[dx100uk]

as its not your sig on the cheque you could

but its better to not introduce further complications if they refuse it.

 

don't hang around too long with all this you've already wasted 2 weeks

 

you only have 33 days from claimform date to file a defence.

 

[Boro]

I will get the CCA request filled out and ready to send, just noticed that the claimant uses an address in Luxembourg does this change anything?

[dx100uk]

No

Get both done today!!

[Boro]

Both?

CPR request has already been sent

[dx100uk]

so should the CCA then. 

whenever you get a claimform ideally your should get the relevant requests off in the 1st day or 2 as with the AOS.

 

[Boro]

The solicitors have acknowledged my CPR request but have yet to provide anything, no response to my CCA request yet.

 

I would like to get a defence in before the end of this week, can anyone help me put together a defence?

 

Thanks

[dx100uk]

plenty of examples of our no paperwork/holding defence here to adapt in just about any card claimform thread

use our search

 

post up here for checking.

 

[Boro]

This is a defence which I used on a previous claim many years ago so let me know what you think, thanks

 

1.The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from -/-2013.

 

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 -/-2019 a default was recorded.

As at -/-/2019 the Defendant owed “Newday LTD” the sum of £7000.

 

4.By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective -/-2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter.

 

And the Claimant claims-

1. 7000

2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from -/-2019 to -/-2019 of 3000 And thereafter at a daily rate of 150 to date of judgment or sooner payment. Date -/-/2019

 

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 (Original Creditor) .

 

3. Paragraph 2 is denied I am unaware of ever receiving a Default Notice pursuant to the sec 88 of the CCA1974 or receiving further Notice of Sums in Arrears pursuant to the CCA2006.

 

4.Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly dated -/-/19 from either the Claimant or (Original Creditor).

 

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

© evidence any Default Notice or Notice of Breach or Notice of Sums in Arrears.

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

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 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 77/78 request and remain in default and with regards to my CPR 31.14 request have stated that they are under no obligation to disclose any documentation on which their claim is based.

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. 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.

 

8. 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]

ive inserted their poc

you need to align para numbers to that please

 

 

 

[Boro]

I have made a few alterations but could do with some help, thanks

 

1.The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from -/-2013.

 

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 -/-2019 a default was recorded.

As at -/-/2019 the Defendant owed “Newday LTD” the sum of £7000.

 

4.By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective -/-2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter.

 

And the Claimant claims-

1. 7000

2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from -/-2019 to -/-2019 of 3000 And thereafter at a daily rate of 150 to date of judgment or sooner payment. Date -/-/2019

 

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&2 are noted.  I do not recognise the account number referred to by the claimant. The claimant is not in a position to state an agreement was signed when it remains in default of a section 78 request and are unable to disclose the agreement on which the claim relies.

 

3. Paragraph 3 is noted. Although I am unaware of ever receiving a Default Notice pursuant to the sec 87 (1) of the CCA1974 or receiving further Notice of Sums in Arrears pursuant to the CCA2006.

 

4.Paragraph 4 is denied I am unaware of any legal assignment or Notice of Assignment allegedly dated -/-/19 from either the Claimant or (Original Creditor) Pursuant to the Law of Property Act.

 

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 agreement/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 how the Defendant has reached the amount claimed for; and

(c) evidence service of a Default Notice  and annual Notice of Sums in Arrears.

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

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 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 78 request and remain in default.

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. 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.

 

8. 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]

revised your 1 slightly 

 

let andyorch check it please.

 

 

[Boro]

Thanks DX I appreciate the help, also a good point about the account number

[Boro]

DX do I need to contact andyorch or do they get a notification?

[dx100uk]

as with yourself , now reading this alert by email.....

anyone that has posted to your thread likewise gets the same alert when a post is made by someone to this thread

 

defence is not due till /by 4pm tomorrow Monday...

[AndyOrch]

Edited...please check it over and make sure it is accurate and true before submitting.

 

Andy

[Boro]

DX I had assumed that was the case I just worry

 

Andy thank you it looks perfect and has been submitted so I can now relax a bit

[dx100uk]

and read up on whats next and what to do...