LC ASSET 2 S.A.R.L Claim for MBNA credit card debt

[Belaflat]

Hi,

 

I am  asking for help for my brother as he is not computer savvy at all and has come to me for help with this debt.

Story which I am sure is familiar, lost work during lockdown and eventually job and could no longer pay off the card to MBNA.

 

He has received a claim form and has acknowledged service but has done not much else as he was panicking.  I think he said it was about 10 days ago when he did this.

 

The Particulars of Claim are as below.

 

The Claimant, C claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxx and opened effective from xx/xx/2019.
This agreement is regulated by the Consumer Credit Act 1974 (CCA) and was signed by the defendant D and from which credit was extended to D. D failed comply with a default notice served pursuant to S87 (!) CCA and by xx/xx/2022 a default was recorded.

As at xx/xx/2022 the Defendant owed MBNA Limited the sum of £9,000 (Not the exact amount but close enough)
By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of assignment upon D shortly thereafter and C claims 1,  £9,000  2, Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per annum from xx/xx/2022 to xx/xx 2022  £ 200 (near figure but not the exact) and thereafter at a daily rate of 2.22 to date of judgement or sooner payment.

Date xx/xx/2022.

 

He is not working and is in receipt of some disability benefit now.

 

Any help on how to proceed would be greatly appreciated.

 

Thank you.

[dx100uk]

please complete this:

 

 

dx

 

[Belaflat]

Which Court have you received the claim from ? Northampton N1 

 

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

 

Date of issue –  15.09.22

 

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 xxxxxxxxx and opened effective from xx/xx/2019.

2. This agreement is regulated by the Consumer Credit Act 1974 (CCA) and 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 (!) CCA and by xx/xx/2022 a default was recorded.

 

4. As at xx/xx/2022 the Defendant owed MBNA Limited the sum of £9,000 (Not the exact amount but close enough)

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

 

6. and C claims

 1,  £9,000 

2, Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per annum from xx/xx/2022 to xx/xx 2022  £ 200 (near figure but not the exact) and thereafter at a daily rate of 2.22 to date of judgement or sooner payment.

 

Date xx/xx/2022.

 

What is the total value of the claim? £10.000
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not aware of it.
 

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? NA

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 ? 2019
 

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...) ? Yes
 

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 and debt purchaser is claiming
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not aware
 

Did you receive a Default Notice from the original creditor? Not aware
 

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

Why did you cease payments? No work due to Covid lockdown
 

What was the date of your last payment? 2020, not known exact date
 

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? Yes, informed creditior of work/covid situation

[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]

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

 

[Belaflat]

OK, well an update.

 

Did as mentioned and  he filed a defence as per a similar one I found in here, amended to suit of course.

 

Got notification that it had been stayed followed a few days later by a letter from Link saying they had now taken over the debt from LC Asset.

 

He's not heard any more since so a bit confusing to say the least.

 

Is this good or bad ?

[dx100uk]

a claimant cant stay a claim, its an automated process once....

 28 days since defence filing has expired... it has not.

 

 

 

 

 

 

[AndyOrch]

28 + 5 (33) is the exact time for a defence response from a claimant.....might be wise to post a copy of the defence submitted in case they do proceed....just so we have future reference.

 

Andy