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Link/Kearns Claimform - old MBNA card debt


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

 

Date of issue –  11 June 2021

 

Particulars of Claim

 

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.

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  • dx100uk changed the title to Link/Kearns Claimform - old MBNA card debt

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....

 

 

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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  • 3 weeks later...

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.

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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

 

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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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

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looks ok to me

please let @Andyorch check things over 1st 

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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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:

 

(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

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sorry quick question, i am on the page of filing in my defence, am i supposed to post just my defence part or should ialso include the paragraphs above the defence in REd? thanks

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red part for your ref only. no

 

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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you saving grace here will be the agreement that Link with most probably make from a copy and paste jobbie from the existing files in their filing cabinet, which will ofcourse thus NOT be an original copy from MBNA.

what year did you take this out?

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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ok well you're slipping into an era where most of the MBNA agreements were a wee bit more water tight than of earlier years, but that doesn't mean all is lost should they actually have one. we've certainly see other DCA's drop court claims when there is no IP address etc etc  of sign up device on it.

 

plenty of MBNA claimform threads here to read 

use our enhanced google search box

 

get reading a good few 10's of them so you know what might be next, how to deal and whats to come going forward

 

don't do anything without checking back here 1st its what you should be doing mind... esp NEVER contact or talk to Link or their dogs for sure!! they are crafty to say the least. but you'll see their tricks and stunts they pull as you read threads here.

 

dx

 

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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hi, i've received 2 letters today, 1st from kearns & second from the courts. The kearns letter  dated 13 July says:

 

We write further to your correspondence dated 21 june which we received on 10 july?  (Yes they used a question mark on the end of sentence)

 

A request has already been filed with the CCBC for judgement to be determined in favour of our client in default of you responding to the county court summons and you should shortly receive the judgement order.

 

Your request for copies of documents has been noted and in order to provide the documents requested we require time to acquire compile and forward them to you.

if you wish to discuss please contact us  

 

The letter from the court appears to just be an acknowledgement of my defence.

 

I have logged into mcol and i don't see any new notes on there, last thing is my defence.

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thats kearns for you! you see trying to scam you already claiming the case has already been won by them by default...:lol:

 

next move is not yours.

 

 

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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