Link/Kearns Claimform - old MBNA card debt

rex2021 · June 22, 2021

Name of the Claimant ? LC Asset 2 S.A.R.L

Date of issue – 11 June 2021

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

1.The claimant (C) claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxx and opened effective from 30/11/2015.

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.Defendant failed comply with a default notice served pursuant to s87(1) CCA and by 09/11/2020 a default was recorded.

4.As at 18/12/2020 the defendant owed MBNA limited the sum of £9900.

5.By an agreement in writing the benefit of the debt has been legally assigned to C effective 18/12/2020 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.

And C claims - 1 £9900

2 - Interest pursuant to section 69 county court act (1984) at a rate of 8% per annum from 18/12/2020 to 11/06/2021 of 350

And thereafter at a daily rate of 2.09 to date of judgement or sooner payment.

Date 11/06/2021.

What is the total value of the claim? 10900

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I do not recall

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 April 2007

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 Purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? I do not recall, very possible though as the name LC Asset rings a bell.

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? April 2020

What was the date of your last payment? April 2020

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

Hi all,

i hope i can get some help with a claim form i have received.

Before i continue,

my MAIN objective is to AVOID getting a ccj issued against me, the reason for this is my area of work automatically bars you from employment if you have such things on your record.

I am willing to pay the debt through instalments hopefully without the need to involve the court.

I would sincerely appreciate it if i could get some help on how best to handle this.

**dx100uk** · June 22, 2021

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 on the Gov't Gateway Site
note down your details inc the long gateway number given, you might need it later.
then log in to the MCOL Website
.
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
[BUT 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 £1 PO unsigned and uncrossed

.

get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

why did you not respond to the Letter of claim and reply Pack about 1 month ago?

were you getting everything but simply ignored all the letters

expand upon how you were able to run up +£9k since 2015....

rex2021 · July 9, 2021

i've just realised my reply to the above help wasn't posted! I must have clicked on preview instead of submit reply! Thank you for the help @dx100uki really appreciate it.

I followed the above advice of yours and responded to the claim on MCOL online.

I have sent off the CCA to Link Financial & the CPR 31.14 to kearns. As of yet i have NOT heard back from either of them.

I am supposed to file a defence very soon, on the either 13 July or 14 July but don't know the next steps.

At what stage & with whom am i supposed to make a repayment arrangment with.

And to answer your questions which i did but obviously i didn't post it:

Why i didn't respond to anything - I know its NO excuse, but i buried my head in the sand to almost everything. I left a well paying job to venture on my own and 2 months later the pandemic started before i could get off the ground. I lost my partner to covid whilst also getting it myself and since i've just been on downward spiral and trying to climb my way back up.

I managed to land in this kind of debt by having made the mistake of trying to keep shifting debt to 0% deals till i didn't have any offers and eventually most of the repayments were going to just to pay the interest rather than the debt.

**dx100uk** · July 9, 2021

defence due 13th by 4pm.

plenty of card claimform

threads here to read

use our enhanced google search box.e

post it up here 1st mind brfore filing

dx

rex2021 · July 12, 2021

thanks for the reply, i've done a few searches & i have come across a defence that might be suitable for my purposes, could you please take a look and see if it is ok.

1.The claimant (C) claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxx and opened effective from 30/11/2015.

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.Defendant failed comply with a default notice served pursuant to s87(1) CCA and by 09/11/2020 a default was recorded.

4.As at 18/12/2020 the defendant owed MBNA limited the sum of £9900.

5.By an agreement in writing the benefit of the debt has been legally assigned to LC Asset 2 S.A.R.L effective 18/12/2020 and made regular upon LC Asset 2 S.A.R.L serving a Notice of Assignment upon the Defendant shortly thereafter.

And Claimant claims - 1 £9900

2 - Interest pursuant to section 69 county court act (1984) at a rate of 8% per annum from 18/12/2020 to 11/06/2021 of 350

And thereafter at a daily rate of 2.09 to date of judgement or sooner payment.

Date 11/06/2021.

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 x/x/20 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 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** · July 12, 2021

looks ok to me

please let @Andyorch check things over 1st

AndyOrch · July 13, 2021

So you are aware.....the claim is for a considerable amount (over 10K) and therefore will most probably be placed in Fast Track when allocated.

I would suggest.....

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. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

3. Paragraphs 1 & 2 are noted. Although I do not recognise or recall the account number referred to by the claimant and further 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. Therefore whilst in default is prevented from enforcing the alleged agreement it refers to.

4. Paragraph 3 is noted. Although as above until such time the claimant complies with my section 78 request it is still prevented from enforcing any agreement.

5.Paragraph 5 is noted. I am unaware or recall being served with notice of any legal assignment or Notice of Assignment allegedly dated x/x/20 from either the Claimant or (Original Creditor).

6.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of the agreement/assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: