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Link LC Asset 1 S.A.R.L/kearns claimform - old newday credit card


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Good Afternoon,

 

My partner got a claim form in the post today.

 

We have no idea who the company is although reading into it, it does mention about a Newday account that she didnt have but step change were helping pay it off.

 

Neither of us have ever seen a claim form from the county court business centre before.

 

Reading this fourm i saw someone had something very similar if not the same.

 

We followed the steps saying to Log into the Mcol website and done what was mentioned on another persons post

 

We have sent off a letter to the solicitors asking for copies of the documents they say they sent as we hadn't received anything.

 

What would be the next steps for us to do? Is it just sit and wait to hear anything ?

 

Any help would be great

 

 

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Hello and Welcome to the Forum.

 

If you would read the following then copy the Q,s and post your response back here for further advice.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

Date of issue – 09/10/2020

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1.The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced ../... and opened effective from 23/12/2017. The agreement is regulated by the CCA 1974, Was signed by the Defendant and from which credit was extended to Defendant.

 

2.Defendant failed comply with a default notice served to s87 CCA and by 30/08/2019 a default was recorded.

As at 06/09/2019 the Defendant owed Newday Ltd the sum of 1777.25.

 

3. by an agreement in writing the benefit of the debt has been legally assigned to Claimant. effective 06/09/2019 and made regular upon Claimant serving a notice of assignment upon Defendant shortly thereafter.

 

And Claimant claims-

1.1857.25

 

2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8% per Annum from 06/09/2019 to 07/10/2020 of 14702 And thereafter at a daily rate of 38 to date of judgement or sooner payment. Date 07/10/2020

 

What is the total value of the claim?Total 2109.27
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?no
 

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 (Newday Ltd)
 

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 ?On line
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?There is a link financial on credit file but not at any of the balances 
 

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?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?Due to Mental health had to leave work and couldn't afford payment. Have set up and Stepchange plan but this was missed as isnt showing on Credit File
 

What was the date of your last payment?Unsure
 

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?Yes with Newday 
 

 

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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]
 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Link LC Asset 1 S.A.R.L/kearns claimform - old newday credit card

Hi.

 

Thanks for the help. 

 

I have done everything on the Mcol website and going to post the letter on Monday when my post office opens.

 

When you say file a defence what do you mean ? ( Sorry if this sounds stupid very unsure about this sort of thing)

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At the moment you have simply acknowledged service of the claim form.....and stated your intention to defend in full.You had 19 days from the date on the claim form to do this.....now you have done that....you get another 14 days to submit your defence..so in total you have 33 days from and including the date of the claim...(9th Oct 2020)

 

You will be submitting your full defence on 10th Nov 202 by 4.00pm.

 

Take time to read similar threads so you know the process.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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2 hours ago, Bugmans said:

We have sent off a letter to the solicitors asking for copies of the documents they say they sent as we hadn't received anything.

 

ensure you follow my last post and send BOTH letters..

 

CCA request to Link

a CPR31:14 to kearns

 

not just 'a letter' whatever that was....??

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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