Friends LC Asset/Link Claimform - 2019 Barclaycard debt

[spergen]

Good afternoon all

 

After my successful dealings with Barclaycard thanks to you all I am now helping a friend of mine to hopefully do the same.  Single mum with no computer etc so sorting all the paperwork and explaining as we go along. 

 

Old Barclaycard debt apparently sold to Avarto then Moorcroft - no letters of assignment but both blood suckers chased the debt claiming they owned it. 

 

Dec 21 received a letter of assignment from Barclaycard stating sold to LC Assets - No letters from LC

 

May 22 received a letter of assignment from LC Assets stating sold to Link - No further letters

 

Sept 22 received Court papers from NCC with the claimant being LC Assets 

 

Now she has only ever had a notice of default from Barclaycard with nothing other than stated from the others.  I have created a MCOL account with her and notified that we intend to defend all of the claim. 

 

Now just about to send off a CCA request to LC Asset ( Does it matter the address on the claim form is in Luxembourg? ) 

 

Now was going to send a CPR31  off to Kearns Solicitors but noticed my debt was under 10k but hers is as follows:-

Amount claimed - £9500

Court fees - £455

Legal costs - £100

 

Therefore the total amount is over the 10k mark for the small claims track, therefore what form should i send to the solicitors?  

 

Thank you in advance for any help you provide

 

Ok sorry guys I have found the original form in the Library, so i just delete this section then? 

 

 

Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track.

 

In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

[dx100uk]

please complete this

 

 we will advise you properly upon what to send to whom.

 

dx

 

then

[spergen]

Which Court have you received the claim from ? MCOL Northampton N1

 

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

 

Date of issue – 25 Aug 2022

 

1.The Claimant C claims the whole of the outstanding balance due and payable under an agreement referenced (16 digit code)  and opened effective from 07-03-2019. The agreement is regulated by the CCA 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 30-01-2020 a default was recorded.

 

3.As at 29-11-2021 the defendant owed Barclaycard plc the sum of 9050.00. By an agreement in writing the benefit of the debt has been legally assigned to C effective 29-11-21 and made regular upon C serving a notice of assignment upon D shortly thereafter. 

 

And C claims 1

, 9050.00   

2, Interest pursuant to section 69 County Court Act 1984 at a rate of 8% per annum from 29-11-21 to 25-08-2022 of 470.00  And thereafter at a daily rate of 1.91 to date of judgement or sooner payment. Date 25-08-2022

 

 

What is the total value of the claim? 10,055
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No
 

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
 

Do you recall how you entered into the agreement...On line /In branch/By post ? No
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Will find out & edit
 

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? Sort of - see first post
 

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 ? No
 

Why did you cease payments? Could not afford them
 

What was the date of your last payment? Never made a payment
 

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 - buried head in the sand

 

 

This might be easier 

 

 

 

N1 form (1).pdf

[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
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]

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

 

[spergen]

Done

 

So now lets wait for a little and see! 

 

Edited September 7, 2022 by spergen

[dx100uk]

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]

[spergen]

need to file the defence before the 27th September 

 

I have written out a rough draft for advice and polishing 

 

 

Defence 

 

  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. It is noted insofar as I have in the past held a contractual relationship with Barclaycard. I do not recall the precise details or aware of any outstanding balance. I therefore have sought clarification from the claimant by way of a CPR 31.14. Unfortunately the claimant has failed to comply with my request. 

 

 3. It is noted that the debt was legally assigned by LC ASSET (Ex Barclaycard) to the claimant and notice has been served.  The Letter of Assignment was received on the 21st December 2021, then another letter of assignment from LC ASSET to LINK financial was received on 22^nd May 2022 but since that date have not received anything requesting or related to the alleged debt until the Letter of Claim dated 25^th August 2022

 

 4. It is noted the claimant states that the defendant has failed to make contractual payments under the terms of the agreement. The claimant has failed to comply to my section 78 request and thus remains in default of said request and therefore unable to enforce any alleged agreement? 

 

 5. It is noted the claimant states a default notice has been served upon the defendant pursuant to S.87 (1) CCA. I have never received any Default Notice relating to the alleged claim therefore it is denied.

 

 6. On the 06th September 2022 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply with my request and is therefore in default and unable to enforce or request any relief until such time they comply. 

 

  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) Show and evidence the nature of breach and service of a Default Notice Pursuant of sec 87(1) of the CCA1974. 

(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 and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears 

 

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[dx100uk]

I would drop 3 totally, if you've got both NOA, then there is no need to mention such 

 

Re the CPR did this not goto Kearns?

 

Dx

[spergen]

Thank you, 

 

no3, is it not woth keeping it in as she recieved a notice of transfer from LC Asset to LINK financial but the N1 is from LC asset? 

 

Yes the CPR did go off to Kearns, should i replace claimant with Kearns solicitors? 

 

 

Edited September 20, 2022 by spergen

[dx100uk]

claimants solicitors.

 

as for link/ asset  they are all part of the Link group ...immaterial really.

[spergen]

Defence 

 

  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. It is noted insofar as I have in the past held a contractual relationship with Barclaycard. I do not recall the precise details or aware of any outstanding balance. I therefore have sought clarification from the claimant’s solicitors by way of a CPR 31.14. Unfortunately the claimant’s solicitor has failed to comply with my request. 

 

  3. It is noted the claimant states that the defendant has failed to make contractual payments under the terms of the agreement. The claimant has failed to comply to my section 78 request and thus remains in default of said request and therefore unable to enforce any alleged agreement? 

 

 4. It is noted the claimant states a default notice has been served upon the defendant pursuant to S.87 (1) CCA. I have never received any Default Notice relating to the alleged claim therefore it is denied.

 

 5. On the 06th September 2022 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply with my request and is therefore in default and unable to enforce or request any relief until such time they comply. 

 

  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) Show and evidence the nature of breach and service of a Default Notice Pursuant of sec 87(1) of the CCA1974. 

(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 and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears 

 

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[AndyOrch]

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No

[spergen]

Sorry @AndyorchI dont quite understand your reply?  

[dx100uk]

Did you get a letter of claim and ignore it?

 

 

[spergen]

No she just got the N1 from SCC as typed out above, no letters from LC ASSET/LINK at all saying pay or we will take you to court 

 

@dx100uk I assume the above is ok as about to upload the defence statement? 

 

[dx100uk]

No rush, courts are now closed till Monday AM 

 

You need to add the sentence about not receiving a letter of claim.

 

Dx

 

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. 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.

 

 

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

 

needs filing by 4pm monday (day 33)

[spergen]

Update

 

Went to go see my friend tonight, she received a letter from the courts stating they had sent her defence to the Clamant and the claimants solicitor giving them 28days to provide us with the information required and to further inform the court if they wished to proceed. 

 

This letter was dated the 26th of September, checked MCOL and nothing showing and nothing in the post to date. 

 

Should I get her to phone the court for an update or ask for a letter confirming the situation seeing as its in limbo at the moment? 

 

[dx100uk]

no read the court letter completely.

 

after 28 days + 5 days for service, the claim becomes automatically stayed if the claimant does not move it fwd to the next stage.

 

FYI: if that happens ,  it would cost them £275 to unstay it.

 

what is the next stage ...you should be reading up. direction questionnaire n180

 

keep an eye on the mcol status to see if DQ N180 being sent from the court gets logged, if not by about 6 weeks, she is home free to all intent.

 

dx

[spergen]

So a quick update 

 

My friend called me in quite a panic the other day, Link Financial sent her a letter stating they had recieved the documents relating to the S77/88 request from the original creditor and that the account is now enforceable!  

 

Went over for a cuppa and to look thorough the paperwork as it was quite vast, upon reading though it turns out they had simply gone to the barcleycard website and printed off the sandard terms and conditions.  The fools had left HTML link at the bottom of the page, how stupid do they think we are? 

 

So thats it in a nutshell for the moment.  I hope this helps anyone in a similar situation? 

[dx100uk]

yep fake stuff with no signature  or tick box date printed name etc etc#typical link

 

i will guess the last update on mcol is defence filed date xxxxx?

no mention of dq n180's being sent out to either party.?

[spergen]

Sorry for late reply, yes that is correct DX ecactly as you stated 

[dx100uk]

claim is stayed.

it will now cost them +£275 to lift the stay via an N244 which the court will advise of

just DO NOT MOVE without informing the court.

go forget and enjoy life

std practice for link to send BS.