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    • Not really. His claim will succeed simply because its a simple matter of a lost parcel and no insurance. Its not a complex case so I think he’ll be fine, especially as it is P2G who arent very good at defending claims but I ageee its not been handled at all well.   My only concern with withdrawing is that he loses £35 in the case of £240 but thats a matter for him   I dont think it has a reduced chance of success if OP actually replies and actions things but if not then ofcourse it will struggle.   My concern is if he starts again it’ll be just as sporadic.   Maybe close thread and let him make a new one if hes ready to engage?
    • Please will you start reading up on the stories on the some form especially the pinned post. I have to say that I'm concerned that you feel that a warning from P2G is going to affect your rights and is going to subvert statutory law. I think you've been here for a few months and I would have hoped that by now you would understand that terms and conditions must always be interpreted in the light of overriding statute. Also I suggested that once you have done the reading on the sub- forum then you would understand the information that we would need in order to give you the best help. The fact that you haven't told us what the item was suggested also that you haven't done the reading. Please give us full details including identity of the item, value, where these properly declared? Dates – blah blah blah. Not paying attention to P2G. Pay attention to us
    • P2G can make clear whatever they want frankly, the judge isnt going to sit there and go “they told you to buy their insurance and you didn’t” and then dismiss your claim.  I would say you should send a formal complaint then after 7 days sent a LOC. Day 21 from now submit your claim on OCMC.    
    • I thought i could just use ( copy and paste)  the terminology from my other post earlier in the year when i previously claimed against P2g .   The parcel hasnt been 'officially ' lost yet i have another 13 days before their 'investigation' ends and then theyll probably offer the postage back as i didnt take the 'insurance'   But to recap ,  The parcel was booked through P2g and sent with Evri. No Protective Insurance was taken out. The parcels value is only £48 plus postage of £3 and the value of the parcel was told The parcels tracking says while it was in Evri's system it was sent to an 'incorrect' depot and tracking would be updated in 24 hrs which it didnt and the delivery date passed, i then had a live chat with P2g who opened an investigation and im waiting to hear what's happened. My only concern is,  last time i claimed P2g made it clear that in future i must take out their protective insurance which i gavent and im wondering whether this will ' complicate' things ...  
    • it is precisely for these reasons that the OP should withdraw the claim and begin again. Firstly, the case has been badly handled from the start. The OP hasn't come to us and stuck to it in a regular engaging way. Secondly, it seems that the OP is now being advised on the basis of it being a matter of principle rather than looking at a sensible and pragmatic outcome. We have a duty to the people who come to help us to try and get the best solution for them that we can. Secondary is that we want to notch up a further victory against the parcel delivery industry – and frankly it doesn't matter which company it is as long as we get a victory. If we simply urge someone to continue a case at their own expense in a claim which has a very reduced chance of success, simply because it gives us personal satisfaction, then this is really contrary to what we do and certainly contrary to the interests of the claimant. I'm now urging the OP (Original Poster) to withdraw and to start again and work with us very closely in order to get a much more certain victory. By continuing this claim, not only with the OP risk even more money, it will take more time in the sense of failure will be demoralising. Better to feel that one is in control by exercising one's own choices and taking the long view
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LC Asset/Link/Kearns Claimform - old MSDW now Barclaycard debt - Now N244


Iddon Leo
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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 – 14 Sept 2022

 

 

Particulars of claim:

1. The claimant (C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxx and opened effective from 26/01/2011.

 

2.The agreement is regulated by the CCA 1974, CCA was signed by the defendant ('D') and from which credit was extended to D.

 

3.D failed comply with a Default Notice served pursuant to s87 (1) CCA and by 28/03/2019 a CCA default was recorded.

 

4.As at 15/12/2020 D owed Barclaycard the sum of £3010.00.

 

5. By agreement in writing the benefit of the debt has been legally assigned to C, effective 15/12/2020 and made regular upon C serving notice of assignment upon D shortly thereafter.

 

6. And C claims-1, .3010.00

(2) Interest pursuant to Section 69 CCA (1984) at a rate of 8% per Annum from 15/12/2020 to 14/09/2022of 4.01. And thereafter at a daily rate of .60 to date of judgement or sooner payment. Dated 14.09/2022.

 

What is the total value of the claim?  £3727.32
 

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 ? on line

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? don't 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. 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 ? no
 

Why did you cease payments? Redundancy
 

What was the date of your last payment? at 5 or 6 years' ago

 

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 

 

Hi All received claim from Link Asset, 14 Sept 2022.

I've requested CCA and CPR  23 Sept 2022 and received no reply to date.

I've trying to access my account on MCOL over the last few days and now resorting to emailing the defence.

 

I've been looking at defence responses previously advised by in this particular topic and the forum advisors and looking for guidance as to a suitable template to utilise.

 

Thanks in anticipation

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Hope you have acknowledged service ? (30th Sept)

We could do with some help from you.

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Yes, AOS returned 23 Sept 2022, apologies.

I've seen a couple of defence returns and wondering if the following from a similar case, albeit with dates and numbers amending, would be suitable?

 

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 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;

 

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.

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lots of suitable kearn claimform barclaycard threads here

 

use our enhanced google searchbox.

 

dx

 

ah you found one.

 

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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  • dx100uk changed the title to LC Asset/Link/Kearns Claimform - old Barclaycard debt

good now get reading up here a good few 10's of card claimform threads

so you know what is to come, whats after that, and how to react at each stage.

 

however please check with us before doing anything else 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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  • 1 year later...

Yes please fully redacted...copy of their statement /n244/and any exhibits referred to within their statement.

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 OTHER

 

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  • dx100uk changed the title to LC Asset/Link/Kearns Claimform - old Barclaycard debt - Now N244

Reduce or compress your scan size.....

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 OTHER

 

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

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read upload carefully

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 so just an application to lift the stay and proceed to the DQ. Come back when you receive your DQ (N180)

 

Andy

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 OTHER

 

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well be needing to see ALL the exhibits they sent with that N244 at some point please.

 

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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23 minutes ago, Iddon Leo said:

Do I complete and send the N180?

Yes but only when you  receive it from the court..that will inform you of the date when you have to submit by.

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 OTHER

 

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

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No point really its simply an application to lift the stay and proceed and you cant really object or stop it.

How long has it been stayed ?

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 OTHER

 

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

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DQ next task for you then. Get it away this weekend you already have the date in your uploads.

8th Jan 2024

 

.

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 OTHER

 

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On 12/10/2022 at 15:07, Iddon Leo said:

Thanks to both of you on this defence filed via MCOL thus afternoon.

 

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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Share on other sites

Questions have letters you mean C ? Yes to C1 

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 OTHER

 

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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