Backdoor CCJ LC Asset 1 S a r l/Kearns - old Lloyds Mastercard debt - have IOC now going for CO - help

[JimJams40 0]

Hi all

 

I’m hoping that someone can help me?

 

Out of the blue today we received in the post a letter from Kearns Solicitors with a letter stating that an interim order has been obtained against my husband’s interests/our property and have served on us an interim order and an application for a charging order. 
 

We had no forewarning about this at all, no letters, emails or phone calls. In fact we have no idea what this relates to as they do not state where the debt has come from only that my husband owes £2202. Apparently there was a judgment or order on 18 November 2019. We again had no knowledge that this had happened. 

 

We have no idea what to do with this. I am reluctant to call the solicitors who sent us this as I don’t want to “go on record” that we have acknowledged receiving the papers until we know what this is about.

 

Neither myself or my husband have any experience in dealing with things like this. Please could someone kindly give us some information as to how we can respond to this.

 

I can upload the documents if needed.

 

Thanks in advance 

 

 

[dx100uk 9,534]

called a backdoot CCJ, means you hubby moved without informing his debt owners and everything was quite legally served to an old address.?

 

if the property is jointly owned, all these fleecers will get is a restriction k, which is totally useless to them anyway.

 

go get his credit file

note the CCJ number

 

ring northants bulk tomorrow and ask for a copy of the claimform AND the judgement CCJ by email PDF.

if they don't have a copy of the claimform, then ask them to readout the address on it and the particulars of claim.

RECORD THE CALL.

 

then comeback here with the details of the POC.

 

use our search top right in the meantime top right:

 

backdoor CCJ 

and get reading up.

 

do NOT go ringing the fleecers or their dogs ever!

 

dx

 

[JimJams40 0]

Hi dx

 

thank you for taking the time to respond.

 

we called the court today and they have sent the POC.

I had asked them to send me the claim form and the judgement including the address but they haven’t.

Will call the court this afternoon to chase and add to this thread.

 

In the meantime, here is the text of the poc. 
 

1.the claimant ('c') claims the whole of the outstanding balance due and payable under an agreement referenced 5187913.... and opened effective from 21/11/2012.

 

2.the agreement is regulated by the consumer credit act 1974 ('cca'), was signed by the defendant ('d') and from which credit was extended to d.

 

3.d failed comply with a default notice served pursuant to s87 (1) cca and by 15/10/2019 a default was recorded. as at 15/11/2019 the defendant owed lloyds bank plc the sum of 1851.40.

 

4.by an agreement in writing the benefit of the debt has been legally assigned to c effective 15/11/2019 and made regular upon c serving a notice of assignment upon d shortly thereafter.

 

and c claims-

1. 193140

 

2. interest pursuant to section 69 county court act (1984) at a rate of 8 % per annum from 15/11/2019 to 20/10/2020 of 12583 and thereafter at a daily rate of 39 to date of judgment or sooner payment.

 

date 20/10/2020                                        

 

Im starting the reading of the backdoor ccj.

 

thanks again! 

[dx100uk 9,534]

you need the address on the claimform at best.

[dx100uk 9,534]

thread title update

now you have the POC 

please fill this questionnaire out where you can.

 

You have received a Court Claim ISSUED IN ENGLAND & WALES What you need to do - Financial Legal Issues - Consumer Action Group

 

particularly regarding dates and payments please

 

unless he paid this within the 6yrs before the issuance this might have been statute barred which is typical for Link DCA (LC assets)

 

[JimJams40 0]

Hi dx

 

Rang back the court yesterday afternoon.  They do not have the original claim form!  I got them to read out the address they have on the judgement and POC and it is our current address.  

 

We will fill out the questionnaire today/this evening and will read the link you have kindly supplied.  

 

thanks for your help, much appreciated.

 

 

[dx100uk 9,534]

so he totally ignored a claimform in sept/oct ?

[Peterbard 3,082]

The POC doesn't state when the DN was issued, unless I missed it.

the sb date would be 6 years from that date plus 14 days. As that would be the earliest they could enforce.

So, as you say it may well  be SB. Unless payments were made in the interim.

[dx100uk 9,534]

On 08/01/2021 at 12:55, JimJams40 said:

by 15/10/2019 a default was recorded.

 

what also puzzles me is the claim and judgement has the correct address and the OP is stating this is the 1st they heard of this debt, where, have 10's of letters have gone prior to all this?

 

now Link could have pulled the old stunt that DCA's used to pull years ago of which Link were masters and everything was sent to an old address, then once default judgement was in the bag suddenly update the court, but that doesn't fit here as again, the ICO was granted without any knowledge ...sorry but something smells here and is not correct.

 

how long has your husband lived at the address he is at now and did he take this card out whilst living there or where and when>

the info we have upon knowledge or not or address info or not, is not making sense at all .

 

 

 

[JimJams40 0]

Hi both

 

We go through our post meticulously and everything is saved in lever arches, especially bank/finances so I can keep a paper trail (unless it is junk and that gets thrown away).  I have spent all morning going through all our lever arches and I can assure you that we have had absolutely nothing.  My husband has also gone through all his emails (just in case) - nothing.  He said he had a few miss calls a few weeks ago from an unknown number but no voicemails were left so thought it could cold callers etc.  

 

There has certainly not been any letters or claim forms coming to this address.  

 

When my husband took out the card in 2012 we were living at a different address in another town, however, the credit card is with our bank Lloyds.  The bank were notified when we moved in 2015 (we have lived here for 6 years) of our new/current address in relation to our current accounts .  Im not sure whether these are different entities in relation to areas of business and, therefore, when the current accounts were updated with our new/current address that a separate call needed to be made in relation to the credit card?

 

Also what came with the letter was the application for charging order on land but what was attached to this, along with the Land Registry title, was a retriever search so I'm inclined to think that they have used this to find where he is currently so perhaps did not have his current address and had the old one.  

 

Is it normal that the court did not have an original claim form?  It would be interesting to know whether it had his old address on it.  Could the Claimant's solicitors have issued an updated Claim Form? I presume that the only way I can obtain this is from the Claimant's solicitors?

 

I agree this doesn't make sense to us either.  We have been left very shaken by this but I can assure you that this is completely genuine and we really need help.

.  

[dx100uk 9,534]

thats better and fits in with what we know can happen.

so lloyds credit card division were not updated with the movement address, be that of your doing or not, or a failing upon lloyds, it just didn't happen.

 

i could quite believe link changing the defendants address just before issuance of a judgement or after the effect but it still doesn't explain how as they knew the correct address an application for ICO was raised and you still didn't get any court letters, and then again a full CO is being applied for and again the court sent nothing. but the CCJ has the correct address. but no link would not have needed nor would they have issued an updated claimform no.

 

i'm not 100% sure how these ICO application go sometimes and IF link applied for the ICO at their application for default judgement, which as it's a northants bulk roboclaim to which infact no human is involved or checks anything i cant see how.

 

as for being shaken by all this well don't be it twill be a restriction k and can't harm you at all effectively useless to link totally unless you need to remortgage with the same lender at any point.

 

so when you moved your hubby simply forget to pay the card? or had stopped paying it before then? any ideas when he last used or paid it?

 

 

[Peterbard 3,082]

Hi. if for instance a default was issued in 2013 , and not paid they cannot pursue six years later plus 14 days later. Neither in my view should the put a default on your file, but as said earlier this is arguable from a legal standpoint

 

I have found though, that once you look into these things you will probably find the default notice was never issued.

 

Really you need to see the agreement a default notice and the claim etc.

Possible application to set aside? DX

 

It also seems lie a big jump from judgement to applying for a chargeing order, i believe the FCA guidance will have something to say about that.

 

 

 

 

 

 

[dx100uk 9,534]

what or not paperwork they hold or is immaterial now ....CCJ trumps it all

 

1 hour ago, dx100uk said:

so when you moved your hubby simply forget to pay the card? or had stopped paying it before then? any ideas when he last used or paid it?

the answer to the above will dictate where we go if anywhere with this.

[Peterbard 3,082]

Well there is still the enforcement issue. Not sure i agree with the "Trumps it all" statement TBH. default judgement, respondent moved house so did not receive paperwork, workable SB defence?

 

Regarding the SB date, we know that the last payment date on a regulated agreement has nothing to do with the Sb, dont we?

 

Anyway I will leave you good people to it , best of luck to all.

[dx100uk 9,534]

If the debt is not sb'd there are no avenues for use on an n244 with regard to a basic defence over enforceability,  that boat sailed upon default judgement.

 

There have been several wins or discontinued claims here already whereby the default was registered months even years after last payment.

 

It doesn't look like the OP's debt is sb'd anyway if payments only ceased upon the 2015 moved.

 

There is still the correct address for the claimform issue to sort, but again it looks like it was correct so the 1st requirement of the n244 isnt met anyway.

 

Either someone's been hiding mail from their spouce... Or i really dont know...

 

 

 

[JimJams40 0]

ok, here is our completed questionnaire.

 

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

 

Date of issue – . No Claim Form received.

 

Judgment or order on 18 November 2019

 

Particulars of Claim

 

What is the claim for – 

 

1.the claimant ('c') claims the whole of the outstanding balance due and payable under an agreement referenced 5187913.... and opened effective from 21/11/2012. 

 

2.the agreement is regulated by the consumer credit act 1974 ('cca'), was signed by the defendant ('d') and from which credit was extended to d. 

 

3.d failed comply with a default notice served pursuant to s87 (1) cca and by 15/10/2019 a default was recorded. as at 15/11/2019 the defendant owed lloyds bank plc the sum of 1851.40. 

 

4.by an agreement in writing the benefit of the debt has been legally assigned to c effective 15/11/2019 and made regular upon c serving a notice of assignment upon d shortly thereafter. 

 

and c claims- 

1. 193140 

 

2. interest pursuant to section 69 county court act (1984) at a rate of 8 % per annum from 15/11/2019 to 20/10/2020 of 12583 and thereafter at a daily rate of 39 to date of judgment or sooner payment. 

 

date 20/10/2020              

 

 

What is the total value of the claim? £2202.65
 

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 
 

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 ? In our local branch
 

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. Lloyds assigned/sold to LC Asset 1 S.a.r.l
 

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 found out this evening whilst going through bank statements that, husband was paying by FPO monthly up to 28 February 2019 and no payments were made after that.  In his records for March 2019 he paid out a lot of money to have the car fixed and missed the March and April payments but having gone through our lever arches I cannot find any letters/monthly statements re his credit card since February 2019 and no emails from the credit card company since 2016.  
 

What was the date of your last payment? 28 February 2019
 

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.

 

Just by way of interest, as we jointly own the house/mortgage, will the restriction k affect my credit rating/means of securing any loan etc. in the future?  

I have googled this question, but all can find is what relates to my husband's position and not mine.

 Could we be made to sell our house?  

 

thanks in advance.  

Any more info you require, please don't hesitate to ask.

[dx100uk 9,534]

to answer your questions first:

no it won't affect you

no they can't make you sell your home.

 

what puzzles me is where numerous letters from link have gone too.  it will be lots too including a letter of claim. 

these statements from lloyds you have..do they have the correct address on them?

 

safe to say 3 things..

i can't see you can do anything about this, the debt was not SB'd.

likewise though, i can't see Link being able to do anything either.

 

however to continue the phase you are in, which is information gathering

on behalf of your husbands

i would send an sar to LLoyds, Link and Kearns.

 

On 07/01/2021 at 21:26, JimJams40 said:

an application for a charging order. 

 

could you possible scan this letter upto PDf please

read our upload guide carefully

 

dx

 

 

 

[JimJams40 0]

I'm equally as puzzled!

 

ok I have just done 2 x SAR letters to Lloyds and Kearns.  Do I send one to Link or LC Asset in Luxembourg or are they one and the same?  Once confirmed I will upload.

 

TIA

[dx100uk 9,534]

to link in the UK,

copy and staple the kearns CO letter to your SAR just to make sure they know who you are

also id do belt and braces and send CTAX bill too then there will be no doubts upon your ID either.

 

so LLoyds + CTAX bill

Kearns + CTAX bill

Link UK Kearns CO letter+CTax bill.

 

15 hours ago, dx100uk said:

these statements from lloyds you have..do they have the correct address on them?

 

[JimJams40 0]

Ahh that’s great will do and have already enclosed with my letters our current council tax bill. So will take a copy of the kearns letter and encl also. 

 

will upload shortly. 

[JimJams40 0]

Here you go.

 

I have uploaded the redacted versions of the letters only.  please let me know if I need to make any amendments or if I  can proceed to sign and send.  

 

thanks for your help so far!

SARs letter redacted.pdf

[dx100uk 9,534]

we dont need to see the sar's we know what our template looks like

 

lloyds statement address?

 

17 hours ago, dx100uk said:

could you possible scan this letter upto PDf please

read our upload guide carefully

kearns letter please

[JimJams40 0]

apologies I have misunderstood your request.  Will upload Kearns letter shortly.

 

The last credit card statement, which I found last night, was received in February 2019 and I can confirm that it has the current address on it.   

[dx100uk 9,534]

So you have proof now that Lloyds had the correct address before sale to link.

urm these sar returns are going to be fun!!

 

things are tilting toward a poss set aside

 

Dx

[dx100uk 9,534]

Hidden 

you must remove things like claim numbers etc

 

read upload carefully and use utilities like  pdf reducer/merge site too