Link/ Kearns Claimform - old HBOS Credit Card

[Iddon Leo]

Hi All,  my partner received Claim Form from LC Asset, Luxembourg and requested to send response to Kearns Solicitors, Caerphilly. It should be noted that my partner suffered a catastrophic brain injury 4 years ago and has no recollection of events leading to this subject and we medical evidence available to support this. Details below:

 

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

 

Date of issue –  25^th August 2020

 

Date to acknowledge) =  Friday 11th Sept 4.00pm

 

 date to submit defence =  Friday 25^th Sept 4,00pm 

 

Particulars of Claim

 

1.The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from 27/08/2016.

The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant ('D') and from which credit was extended to the Defendant.

 

2' The Defendant failed to comply with a default notice served pursuant to s87, . CCA and by 05/08/2019  a default was recorded.

 

3.As at -/-09/2019 the Defendant owed “Bank of SCOTLAND” the sum of 3897281.

 

4.By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective -/09/2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter.

 

5.And the Claimant claims- 1. 397281 2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from -/09/2019 to -/08/2020 of 26171 And thereafter at a daily rate of 82 to date of judgment or sooner payment. Date 28/08/2010

 

What is the total value of the claim? £4419.52

 

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

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 ? 2016

 

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...) ? No

 

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? Yes

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes

 

Why did you cease payments? Have been out of work for the last 2 years

 

What was the date of your last payment? Not known but would suggest 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?

My partner is in contact with Citizens Advice regarding a debt management plan and we think that the debt in question needs to be incorporated into this as we had not previously been aware of its existence

 

 

[AndyOrch]

Hi and welcome to the forum.......Check your dates you must acknowledge service by Friday 11th Sept 4.00pm and your defence by Fri 25th Sept 4.00pm.

 

19 days to acknowledge service.....a further 14 days to submit defence =33 days in total.

 

CPR 31.14 and CCA requests next...

 

Andy

[Iddon Leo]

Thank you Andy. What are CPR 31.14 and CCA requests and how do we go about them?

[dx100uk]

Topic title amended

 

 

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

[you MUST file a defence regardless by day 33 ]
 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]
 

[AndyOrch]

9 minutes ago, Iddon Leo said:

Thank you Andy. What are CPR 31.14 and CCA requests and how do we go about them?

 

Go back to the sticky you completed in your first post...all the instructions are contained on it.

[Iddon Leo]

MCOL website - not able to connect. Have sent error message to helpdesk

[AndyOrch]

Plenty of time to sort that out....get your requests away.

[Iddon Leo]

As detailed here? 

 

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/

[AndyOrch]

yes 

[Iddon Leo]

Do I need to include our address on the CCA Request template?

[dx100uk]

ofcourse!!

how will they know where to send the reply too?

 

dx

 

[Iddon Leo]

I know, just having a moment!

 

The CCA says to send this to the owner of the debt.

LC Asset in Luxembourg are detailed as the claimant with address details.

 

However, Kearns Solicitors are detailed for sending documents.

I'm assuming the CCA should be addressed to the claimant in this case LC Asset?

[AndyOrch]

CCA to claimant .....CPR 31.14 to Sol

[Iddon Leo]

Thanks for help...and patience! We'll have another go at MCOL website this afternoon

[dx100uk]

send the CCA to the PO box 

should be 30095

london

SE1 7Wu .........  i think is it not?

 

[Iddon Leo]

There is no mention any PO Box information on the Claim form. Just that of the claimant LC Asset in Luxembourg and Kearns Solicitors Caerphilly

[dx100uk]

post 3 attachments here:

 

pers id use that address 

 

[Iddon Leo]

But this a Bank of Scotland CC not Barclays

[AndyOrch]

Same Claimant and Solicitor....

 

https://www.kearns.co.uk

 

https://beta.companieshouse.gov.uk/company/09502421

Registered office address  The Peak, 2nd Floor, 5 Wilton Road, London, England, SW1V 1AN

[Iddon Leo]

Now I'm confused. The Claimant on the claim form is:

LC Asset 1 S.A.R.L

20 Rue De La Poste

L-2346 Luxembourg

 

Why would I send the  CCA anywhere else?

 

 

[AndyOrch]

So send it to lux...simply offered you their UK address but if you dont want it.

[Iddon Leo]

OK now I understand

[AndyOrch]

Just as aside According to the last link I posted they are now called Victoria Asset Finance Ltd.....still send it to the named claimant on the claim form

Previous company names

Previous company names

Name	Period
ASSET LINK CAPITAL (NO.6) LIMITED	20 Mar 2015 - 02 Sep 2015

[Iddon Leo]

Right how about I send it to the Lux address and a copy to Victoria Asset in London?

[AndyOrch]

As long as you you dont mind forking out for two requests.......

 

Have a read of the following topic....may be of interest to you.