Asset Link/Kearns Claimform - old MBNA card debt

[CornishRose]

Which Court have you received the claim from ?       

CC Business Centre, Northampton 

 

Name of the Claimant ?

LC ASSET 2 S.A.R.L, 20 Rue de la poste, L-2346 Luxembourg

 

Date of issue – 26 August 2022

 

Particulars of Claim

 

What is the claim for – 

 

1.The Claimant (C) claims the whole of the outstanding balance due and payable under an agreement referenced ****** and opened effective from 02/03/2020.

 

2.The agreement is regulated by the consumer credit act 1974, was signed by the Defendant and from which credit was extended to D.

D failed to comply with a default notice served pursuant to s87 (1) CCA and by 10/01/22 a default was recorded.

 

3.As at 17/02/2022 the Defendant owed MBNA Ltd the sum of £2,736.12. 

By an agreement in writing the benefit of the debt has been legally assigned to C effective 17/02/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.  

 

and C claims -

1. £2,736.12 

 2. interest in pursuant to section 69 county court Act 1984 at a rate of 8% per Annum from 17/02/2022 to 26/08/2022 of £95.54 and thereafter at a daily rate of 0.58 to date of judgement or sooner payment. Date; 26.08.2022

 

What is the total value of the claim?  £3026.66
 

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

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 ? after
 

Do you recall how you entered into the agreement...On line /In branch/By post ?on line

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?dont know

 

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.I think its been assigned
 

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?no
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?not sure
 

Why did you cease payments?im not quite sure but its been some time
 

What was the date of your last payment?not sure 

 

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, it was in the pandemic. 

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

 

 

Dear all

 

 

Im not sure how to deal with it.

 

I contacted Kearns regarding it and they said told me to fill in the form and they would speak to MBNA with regards to my situation.

 

Im on Universal Credit, rent my home, and have absolutely no money spare to pay off the debt.. 

 

I also suffer with Chronic Depression, which makes everything so much harder.   I have great difficulty in dealing with these matters and a heart problem.

 

My question is, how do I fill out the form?  what else should I do?

 

I dont recall much correspondence from Kearns, a few letters, back in July, there were phone calls I think, but I do not answer my phone to unknown numbers. 

 

Yes I have buried my head in the sand. But I just cant cope.

 

Many thanks in advance.

 

 

 

[dx100uk]

1st..

 

You never ever ring or give an email to the fleecers or their solicitors, they LIE 

 

Esp the bit about sending them back the form!! That's equals a guaranteed CCJ.

 

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

 

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
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 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
.do not ever use or give an email
.
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]

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

 

[CornishRose]

Many thanks, ive responded as instructed via MCOL.  

 

Im working on the other items today.  Will let you know when ive completed the tasks. 

 

Thank you so much for your guidance.  I feel a bit of relief already.

 

CR

[dx100uk]

just to clarify, they say a take out date of 2020? is that true?

 

[CornishRose]

Yes that sounds about right.

[dx100uk]

blimey thats very very quick for an original creditor to sell a card on.

 

dx

 

[dx100uk]

Plenty of link/Kearns Claimform threads here. Use our enhanced Google search box

 

You can send it to Kearns or link financial UK address is better from the FCA register. Or the address others have used in their threads 

 

hidden a few posts please dont post templates in the open forum.....

 

here is what you need to do

 

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
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 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
.do not ever use or give an email
.
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]

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

 

[CornishRose]

OK,  all posted off.  

[dx100uk]

did you do MCOL?

 

dx

 

[CornishRose]

Yes MCOL done yesterday. 

 

So, I wait for responses and then....I suppose it depends of those, on what will be my defence.?

[dx100uk]

3 hours ago, dx100uk said:

Plenty of link/Kearns Claimform threads here. Use our enhanced Google search box

you do not await paperwork...

 

3 hours ago, dx100uk said:

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]

 

[CornishRose]

OK, im going to start working on my defense now. 

[dx100uk]

No rush 100's here.

Don't file yet, post it up to 1st.

 

Dx

[CornishRose]

I really really dont know what im doing...My anxiety and stuff are through the roof. 

 

Please can you help me, thanks.  

 

 

Defence Draft 

  

  

1. 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 is noted. I have in the past had financial dealings with MBNA Limited. However, I am unable to recall the agreement reference referred to within the claimant's particulars and have sought further validation by way of a CCA section 78 request. 

  

3. Paragraph 2 is denied. The claimant has yet to comply with my section 78 request. 

  

4. Paragraph 2 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the consumer credit act by either the original creditor or assignee. 

  

5. Paragraph 3 is denied I have no knowledge of any legal assignment. I have never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925. 

  

6. On the 7 September 2022 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Kearns Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice, Notice of Assignment and Statement of Account. 

Kearns Solicitors have not sent any of these documents to me. 

  

7. On the 7 September 2022 I sent a formal request for a copy of the original agreement and statements of account to LLC ASSET S.A.R.L pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee. The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement. 

  

8. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of 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 and evidence the nature of any breach and Default Notice; 

(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; 

  

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

  

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. 

 

 

[dx100uk]

Stop flapping you are doing fine 

 

That's appears almost perfect, I'll go through it later.

 

Dx

[CornishRose]

Hi any news from any one regarding my defence.  

 

I have to post Tuesday. 

 

Thanks 

 

CR. 

[dx100uk]

Please be patient we are volunteers we don't get paid. And you don't post it, you copy n paste to the mcol website just like you did for aos 

 

Dx

[CornishRose]

Hi DX

 

I really do appreciate everyone who helps and gives advice, I apologise, if it does not come across as that.  My nerves and anxiety get the better of me. 

 

CR

Edited September 25, 2022 by CornishRose

[dx100uk]

about a month or 2 before the court claimform did you get a letter of claim for Kearns with a reply pack wanting you I&E financial details?

kearns have a habit ofnot sending these out when they should before issuing a court claim.

 

dx

 

[CornishRose]

Yes I did 

[dx100uk]

change the relevant details in this defence (dates time figures only)

 

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. 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.

 

3. 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.

 

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

5. 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.

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 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 claimant 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;

 

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

 

8. 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.

 

9. 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.

[CornishRose]

OK, many thanks for that,  I have changed the details : 

 

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. Paragraph 1 is noted. I have had in the past a contractual relationship with MBNA. 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.  

 

3. 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 MBNA and received by the Defendant.  

 

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

 
5. On the 07/09/2022 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, 26/09/2022, no documentation has been received. The claimant remains in default of my section 78 request. 

 
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 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 Claimant 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; 

  

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

  

8. 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.  

 

9. 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. 

[CornishRose]

Hi all, Im just double checking, that Im OK to file the above defence?

 

Thanks in advance of any comments. 

 

CR

[dx100uk]

i hope so its been used by 100's of people since andyorch wrote it years ago

 

dx

 

[CornishRose]

Thanks dx