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LC Asset-Barclaycard Claim Form


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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.

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Get reading up here

 

Barclaycard claimform.

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

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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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

We could do with some help from you.

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  • 2 weeks later...

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.

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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

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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Have you sent your DSAR ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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  • 5 months later...

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

 

 

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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

 

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 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?

 

 

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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

 

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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  • 2 weeks later...

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