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

[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

Defence submitted, let's see what happens from here.

[dx100uk]

Get reading up here

 

Barclaycard claimform.

whats to come and how to deal at each stage going fwd

[AndyOrch]

Yes you can submit it although it would have been better to raise the anomalies in the actual debt out standing...but that can be introduced at a later stage in your statement should they wish to proceed that far.

 

I would advise you get a DSAR off ASAP in the meantime to BC so you can get the correct information re balance payments moving forward.

 

With regards to removing paragraph 2 complying with PAP does not only involve sending out a Letter of Claim did they comply to your requests for further information in full ? within the 60 days ?  If not I would advise you you reinstate that paragraph and edit it to read same.

 

Andy

[MarkedCard01]

Hi 

 

Just a quick update. Submitted my defence and received a letter back from the court confirming they have received it and sent on to the claimant. I understand the claimant has 28 days to reply to the Court if they wish to proceed with court action, so I guess it's a waiting game now until the end of the month. 

 

Also never had any replies to CCA and CPR31:14 requests

 

Thanks again everyone for all your help.

[dx100uk]

no harm in using the time wisely and reading 

On 25/10/2021 at 10:10, dx100uk said:

Get reading up here

 

Barclaycard claimform.

whats to come and how to deal at each stage going fwd

 

use our enhanced google search box

[AndyOrch]

Have you sent your DSAR ?

[AndyOrch]

Topic open

[MarkedCard01]

Hi

 

An update. I have received a letter and information from Kearns following the case being stayed after I submitted my defence, back in November 2021.

 

In regards to the case they have sent 4 pieces of information listed below

 

1, Photo copy of some terms and conditions - With no date, no reference number or my name, its just a photocopy of some T's & Cs

 

2, Copy of a default notice dated August 2009 - It was sent by Mercers Debt Collections Ltd

 

3, Copy Notices of Assignment from Barclaycard stating the account had been assigned to LC Asset 2 S.A R.L - Dated Jan 2021 and which I do not recall ever seeing and it was sent to an address I moved away from in 2016. 

 

4, Copy of statements fro August 2008 until January 2010

 

In the letter Kearns go on to say they consider this will prove their clients claim on the balance of probabilities. The letter goes on to say I have 14 days to make offers to settle the claim (they have thoughtfully enclosed a pro-forma that states I admit the claim in full and any papers submitted in my defence will be withdrawn!) If they hear nothing in the next 14 days they will consider asking the court to set the matter down for a hearing before a judge.

 

How should I reply. What I can't see is any documentation in regards to the terms and conditions or any agreement I have signed or even has reference to my name.

 

Any help and advise would be greatly received

 

 

[dx100uk]

ignore them.

 

that 2009 DN from mercers will also be defective

lots of threads on their faulty DN's sent out during that period already here.

 

dx

 

[MarkedCard01]

Thanks for the advice, but I am tempted to at least reply. With something along the lines that they should revisit my initial  defence and the fact I am prepared to defend myself vigorously. Would that be a good or bad move?

 

 

[dx100uk]

no you do not reply to them.

 

its simply a threat.

 

its what they all do on long stayed claimform cases.

 

and you most certainly do not reply simply because it will give away how you might counter if they do file an N244 @£275 to lift the stay.

giving them time to fake more paperwork up or counter your claims xxx is wrong you'll lose.

 

dx

 

[MarkedCard01]

Thanks dx100uk,

 

I'll sit tight and see what their next move is.

[BankFodder]

Open

[MarkedCard01]

Hi

 

There has been a development.

 

I have received today a number of documents that seem to state LC Asset via Kearns their solicitor requested the stay on the court proceedings be lifted and I believe granted last week following the defence I submitted last year

 

This was stated on a document headed General Directions Order. I am not entirely sure, but they maybe looking to go down the Small Claims Track.

 

The bundle I received consisted of a number of documents with various headings of which I think are just drafts or targeted at Kearns regarding this recent action.

 

There is one which maybe for me to complete which is headed Directions Questionnaire (Small Claims Track).

 

If needed I am happy to scan (hide any personal details) any of the documents if requested and post.

 

Reading through them it seems the their case for having the stay lifted was they send the documents as detailed in my entry above in November 2021 and then send 3 letters I never responded to as advised.

 

Could I ask for some help on what I should do next.

 

Do I reply to anything or wait to see what develops

 

Thank you in advance

 

[dx100uk]

was does mcol status say?

DQ sent to claimant and you?

 

what is its last entry

 

dx

 

[MarkedCard01]

Hi dx

 

The mcol is down at the moment due to an outrage, so I can't get an update at this time. I will try again later today.

 

As for the Directions questionnaire it hasn't my name directly on it only the claim number in top right hand corner, but underneath a blank box which is headed - To be completed by, or on behalf of, its states... Who is (Claimant) (Defendant) in this claim and the Claimant is stroked through, leaving Defendant clearly visible.

 

And could you expand on  - what is its last entry. I'm not sure what that means

 

Thanks for your help

[dx100uk]

the status of the claim means the last entry on mcol.

often down at w/ends.

to me it looks like they have applied via an n244 to get the stay lifted, have been successful and you were not informed?

or did you just ignore them?

you've not moved have you?

 

might be an idea to scan everything upto one mass PDF read upload carefully

 

dx

 

 

 

[MarkedCard01]

They did write to me saying they may resume court proceedings, but nothing more than that. I wasn't aware of any dates for the case to be put before a judge who is named on the General Directions Order. The Small Claims Directions Questionnaire I have just noticed on one of the documents is form N180.

 

No I have not moved since they started court proceedings last year

 

Shall I try mcol tomorrow and comeback with the status?

[dx100uk]

4mts is not an exceptionally long delay if courts were busy for the next stage of the claim which would have been the DQ N180.

 

please scan up all letters since filing your defence to one mass PDF.

 

 

[MarkedCard01]

Hi, Sorry for the delay, I need a few days to clear my head as I am finding this a little stressful. 

 

I have mislaid and looked everywhere for the letters they have sent since the case was stayed apart from the covering letter that came with 4 pieces of information that send as listed below.

 

I have attached that letter.

I have also attached their reasoning to have the stay lifted and as I recall the did contain the information stated, but I was not prepared to fill a full admission.

 

1, Photo copy of some terms and conditions - With no date, no reference number or my name, its just a photocopy of some T's & Cs

 

2, Copy of a default notice dated August 2009 - It was sent by Mercers Debt Collections Ltd

 

3, Copy Notices of Assignment from Barclaycard stating the account had been assigned to LC Asset 2 S.A R.L - Dated Jan 2021 and which I do not recall ever seeing and it was sent to an address I moved away from in 2016. 

 

4, Copy of statements for August 2008 until January 2010

 

I need to complete and return the N180 by the 23rd Oct, but most of it is target towards mediation, which I am not keen on for few reasons. I am worried they could trip me up if I take part in that process 

 

for many years I have asked Barclaycard and more recently these scammers for proof of contract linked directly to me and all they have ever send is a photo copy of some T&C's without any reference to me by name or reference number. 

 

I do have a few questions, but I would like you thoughts on the best way forward for me.

 

Thank you

 

kearns letter 25-04-22 + n244 page.pdf

Edited October 11, 2022 by dx100uk
docs named

[dx100uk]

did you ever receive a doc labelled N244 from the court or the claimant?

 

can you please stop letting this get the better of you as you are not helping yourself by using that excuse.

 

you do not have to eventually take part in mediation if you do not receive enough information to make an informed decision. mediation is not there to trip you up at all, its a totally sep thing from the court claim..

 

so are you going to scan up what they have sent you please?

not just 1 random page of what looks like an n244 page and some odd letter listing things but not scanned up yet?

 

it looks like to me that they applied and got an n244 and lifted the stay on the claim .

 

without you getting the n244 notification from the court first, or are you just ignoring stuff because you dont understand it and hoping it will go away??

 

please stop doing that because kearns will eat you for breakfast. as they look to be doing .

 

dx

 

 

 

 

 

 

 

[dx100uk]

need the DATE on that N244 please

and the date of the N180 from the court

and log in to mcol

what is the last entry please?

 

your cannot sit on your hand nor ignore deadlines.

 

info please

 

[MarkedCard01]

The date on the bundle is 06/10/2022. There isn't a date on the N180, just the Claim Number 

 

Hi dx

 

I do agree I may not understand everything I have been sent, but since the court proceedings started last year I have not buried my head in the sand.

 

Until Saturday this is the first time the court has written to me after sending me acknowledgment of my defence back in October 21 as stated in the thread further up (No:29).

 

I haven't intentionally ignored anything, but can not find the 2 letters Kearn's sent to me earlier in the year.

 

I did have a clear out of a lot of paperwork recently and may have mistakenly thrown them away.

 

Those letters were asking me to withdraw my Defence and fill a full admission and me to pay in full or start a payment plan, which I took as just threats and wasn't prepared to do. 

 

I have attached the bundle of documents I received on Saturday from the court (excluding the N180, but I can post later if required).

 

I have numbered each page in top left and used an a, and b, if it was on the reversed side of the page.

 

I am unsure if any of it is a N244. To me it seems to be in preparation to forward on to the Small Claims Track? The deadline to have the  N180 returned is 24th Oct.

 

I also checked the mcol and I couldn't see a status as such, but is seems to be live with the claim history update with DQ sent 06/10/22

 

Please let me know if you require any more info.

 

n24+n244+n149a+draft order.pdf

[dx100uk]

thats an N244 application and you have 7 days to object to it (go look at a blank one on the .gov.uk site its a PDF

today is the last day to do that 

 

i would contact the court, they will give you an email address to send your objection to .

 

object upon the grounds that the claimant has failed to properly comply with your CCA and CRP requests rendering the claimants claim null and void under the consumer credit act. 

 

however it SEEMS that the original claim is still running (negating the need for the N244 application) as it states on mcol a blank N180 was sent to you on the 6th, so that must be the one you have.

 

i would ask the court to clarify that too?

is the N244 live?

is the original claim live? as you've received the courts N180

 

 

[MarkedCard01]

Thanks dx, I will call them this morning and get an update.