Link Asset/kearns claimform - 1995 Barclaycard debt - was stayed - N244 granted - now N180

[MarkedCard01]

Hi 

 

Sorry If I haven't posted this thread in the right place.

 

I wondered if anyone could help me with some advice on a Claim Form I received a couple of days ago from Barclaycard/LC Asset. 

 

A little background, I got into financial difficulties around 15 years ago after a marriage break up. It resulted in me having debts with 2 credit card companies and my bank at the time (over draft - Loan) and struggling to pay even the minimum payments.

 

I did request CCA at the time from Barclaycard who sent back what looked like a hobbled photo copy of terms and conditions and stating it complied CCA 1974. So at the time I went into  a debt payment plan with them and other debtors.

 

I paid monthly until a few years ago with Brexit and Covid I had to close a small business I was running due to losing money and stopped paying them monthly and sorry to say have since buried my head in the sand.

 

On the claim form it has various offers to pay full balance now ( I don't have that sort of money), agree to the sum owed and asking for time to pay or disagree and defend myself.

 

My issue with the whole thing is the debt has been sold on and balance is going back up as interest is being applied again. If I agree with the claim and look to pay monthly

 

I have very little disposable income and it will take 10's of years to pay back and I am now in my late 50's which I do not want. My issue is Im not sure I have the capability or knowledge to defend myself unless helped or should I just try to arrange a payment plan I do not think I would ever get to the end of and clear. 

 

I took the card out in 1995 and the debt is just over £4000. LC Asset solicitors are Kearns

 

Any help or advice would be greatly appreciated as my partner who is aware I had debt problems from before we met and would worry herself to death about bailiffs turning up at the door.

Edited September 29, 2021 by dx100uk
Spacing

[dx100uk]

Moved to financial legal issues

Please click on that at the top

And complete the England and Wales court court claim questionnaire

youve been had blind and cash cowed from day one by whomever arranged your dmp. Link financial (LC assets) will never get an enforceable agreement for a 1995 BC card. They don't exist

Plenty of link Barclaycard threads here use our enhanced Google search box.

As for adding interest . That a big no no for any powerless DCA, they are not bailiff s and have zero legal powers but it's one of links favourite scams to pull on people

You'll win this easy!!

Dx

[AndyOrch]

 

[MarkedCard01]

Name of the Claimant ? LC Asset 2 S. ARL

 

Date of issue – t. 23/09/2021

 

 

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 xxxxxxxx and opened xx/11/95. 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.

 

2.D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by 25/02/2010 a default was recorded. As at 15/12/2020 the Defendant owed Barclaycard PLC the sum of £3751.16.

 

3.By an agreement in writing the benefit of the debt has been legally assigned to C effective 15/12/2020 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.

 

And C claims -

1, £3751.16,

2, Interest pursuant to section 69 County Court Act 1984 at a rate of 8% per Annum from 15/12/2020 to 23/09/2021 of £206.18 And thereafter at a daily rate 0.79 to date of judgement or sooner payment. Date 23/09/2021

 

What is the total value of the claim? £4242.34
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not that I was aware of
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes
 

Did you inform the claimant of your change of address? No

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 ?  Nov 1995
 

Do you recall how you entered into the agreement...On line /In branch/By post ? I can not remember. I have never held a bank account with Barclays, so I would guess online or by post 
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? I have just checked and I can not see any details for a barclaycard account, but can see other information on cards and utilities companies etc I actively have.
 

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. issued by LC Asset

 

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 ? Possibly, but unsure
 

Why did you cease payments? July 2019
 

What was the date of your last payment? July 2019
 

Was there a dispute with the original creditor that remains unresolved? No, but it niggled me for years that they sent proper documentation when I requested CCA back ion 2007
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, It s was self generated plan set up by myself around Oct 2007 and paid monthly for over 11 years

 

 

Thank you your help, listed below is the info you requested

 

Should the first thing I should do is send a  CPR31.14 request to the solicitor named on the claim form?

 

Any help or advice is really appreciated.

Edited September 30, 2021 by dx100uk
formatting/spacing only - no issue

[dx100uk]

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]
...
.

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]

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

 

 

[MarkedCard01]

 

Thank you for that dx 100uk

 

I going to sent a CCA request to LC Asset over the weekend. Only thing is their address is in Luxembourg, I guess that's where I will send it. Is there a reason why they have based themselves there? However the solicitors are in Cardiff and will send CPR 31:14 at the same time.

 

[dx100uk]

send it to kearns too wont hurt

 

 

[MarkedCard01]

Hi Everyone

 

I have been on the MCOL site and followed instructions to defend all. CCA Request and CPR 31:14 requests are being posted in the morning. Is there anything else I need to be doing at this time?

 

Thanks again for all the help

[dx100uk]

yes get reading up 

 

On 29/09/2021 at 11:15, dx100uk said:

Plenty of link Barclaycard threads here use our enhanced Google search box.

claimform barclaycard

 

dont miss your defence filing date regardless ever!!

[MarkedCard01]

I have had a reply from Kearns in regards to the CPR 31:14 request I sent in. Listed is the important parts of their letter. I didn't want to put too much detail just in case of prying eyes

 

In order to provide the documents requested we require time to acquire, compile papers and forward them to you.

 

We confirm that a hold has been been placed on the account and no default judgement shall be requested within fourteen days of the date the documents are provided.

 

We do not consider it necessary to file an application seeking time to provide documents, though if you require such please confirm and we shall do so (though an order may be sought for costs for that)

 

Is this just a standard reply to my request and do I need to sit and wait to see what documents they can provide?

 

I have started to compile my defence, but a lot will depend on what documents they provide. Also nothing back as of yet from LC Asset related to my CCA request.

 

Is there anything more I need to be doing at this stage?

 

Thanks again for your help

[AndyOrch]

Quote

We confirm that a hold has been been placed on the account and no default judgement shall be requested within fourteen days of the date the documents are provided.

 

Take note " hold on your account " not the court claim process nor can they request a default judgment anyway given you have acknowledged service and stated an intention to defend all. Stick to the timetable and defence date...disregard the above.

 

Andy

 

 

 

.

[MarkedCard01]

Hello Everyone

 

I would like some advice of when I should submit my defence to the court. The Claim form I received was dated 23/09/2021, however it didn't actually arrive with me until the 27/09/2021. I haven't received any response from LC Asset as of yet to my CCA Request and only what I would call stalling letter from Kearns as mentioned above on the 07/10/2021 to the CPR31:14 request.

 

I have also listed below a 1st draft of my defence and would appreciate any help and advice or suggested inclusions or amendments.

 

1.The Claimant (C) claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxx and opened xx/11/95. 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.

 

2.D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by 25/02/2010 a default was recorded. As at 15/12/2020 the Defendant owed Barclaycard PLC the sum of £3751.16.

 

3.By an agreement in writing the benefit of the debt has been legally assigned to C effective 15/12/2020 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.

 

And C claims -

1, £3751.16,

2, Interest pursuant to section 69 County Court Act 1984 at a rate of 8% per Annum from 15/12/2020 to 23/09/2021 of £206.18 And thereafter at a daily rate 0.79 to date of judgement or sooner payment. Date 23/09/2021

 

Defence

 

1.The Defendant contends that the particulars of claim are 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. Paragraph 1 is noted. I have had in the past a contractual relationship with Barclaycard. The Defendant does not recognise the reference number provided by the claimant within its particulars . I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my requests for further information.

 

4. Paragraph 2 is noted. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by Barclays Bank and received by the Defendant.

 

5. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Barclays Bank.

6. On the 05/10/2021 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 78 request. The claimant as yet to respond to this request. Kearns as yet to respond in relation to the CPR 31.14 request. To date, 21/10/2021, no documentation has been received. The claimant remains in default of my section 78 request.

7. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to:

(a) show how the Defendant entered into an agreement; and

(b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974

(c) show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

8. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

9. 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.

 

10. 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.

 

Thank you in advance of any help offered

 

 

[dx100uk]

looks good to me

 

not due till / by 4pm monday

[AndyOrch]

I've added a couple of paragraphs to the beginning...can you confirm that the DN was dated and served in 25/02/2010 ?

Do you know the original balance as per the DN and what you have paid since 2010...is the amount claimed on the claim form correct ?

 

Andy.

 

.

[MarkedCard01]

Hi Andy

 

I will need to do some digging for the paperwork regarding the default in 2010, however I do recall receiving one or so I thought, but not in 2020.

 

As for the outstanding balance again I will need to see if I can find the paperwork from 2007 and scroll through 10-12 years of bank statements to what I paid back, it doesn't help that I have moved home a couple of time since then and not exactly sure where the paperwork is. I will comeback to you soon

 

Thanks again for all the help.

[AndyOrch]

If you can...but time is short and I bet if you reconcile the payments and amount outstanding that's it not the correct amount outstanding.

[MarkedCard01]

Hi Andy

 

I have found a the Barclaycard file and I can not see the default notice for 2010, now I am unsure I ever received one.

 

I have also tried to assess what the starting outstanding balance was as it seemed to jump around over time.

 

Finally I have gone on-line to check the number payments and total amount I have paid Barclaycard since I went into a self generated payment plan back in 2009.

 

The problem is my bank only allows me to go back to December 2014.

 

I guess I could request a SARS, but it will take a while to comeback.

 

If that is the best route should I send it directly to Barclaycard

 

Thanks

[AndyOrch]

Who did you make payments to up until ceasing a couple year's ago ?

[MarkedCard01]

I have found the last Barclaycard statement from the time I believe I started the payment plan.

It was for £4844.

 

I paid 23.50 per month for around 10 years. That is total of around £2820, but with a few missed payments and guessing it was 10 years.

 

The figure could be anywhere between £2000 and and the figure quoted above £2820.

 

The figure LC Asset are claiming is £3957.34 + Court fees of £205.00, Payments directly to Barclaycard, never to anyone else

[AndyOrch]

Okay so £4844. outstanding at the time of default and you have paid back by payment plan you estimate £ 2820.They claim you still owe

£3957.34  but in reality you owe £2024 ?

[dx100uk]

Link always add oc int at oc rate on to any debt, even though rhe agreement to do so was already terminated by the oc before sale.

 

thats Paul burell for you..

 

Dx

[MarkedCard01]

As I said as I can't access my bank statements that far back, it is an estimate I have paid back around £2200 to £2800 over the years. But I did ask for the interest to be stopped when I offered my payment plan back in 2009.

 

Im not sure they ever replied with an acceptance, but left me alone while I was paying £23.50 per month. 

 

Also I found their response to CCA request back in September 2009. It was just a copy of their terms and conditions!

 

Would sending a SARS request to Barclaycard be helpful at this stage?

[dx100uk]

link will never get an enforceable cca for a bc card from 1995... Not possible even for these expert scammers

 

Dx

[MarkedCard01]

Hi Andy

 

I am about to submit my defence as it needs to be in by 4pm on Monday and to be honest I only have enough spare time this afternoon, due to a personal event I have tomorrow and work first thing Monday.

 

Just a couple of quick questions

 

1, Is it fairly straightforward to submit my defence on the MCOL website or is there anything I should pay special attention to.

 

2, I was going to delete paragraph 2 of my defence as Kearns did send a Letter of Claim back in August and so will have that in their documentation. 

 

Thanks again for the help

[dx100uk]

simply copy and paste it

if 2 is not correct yes remove it.

 

go ahead and file it