LC Asset/Link/Kearns Claimform - old MBNA card DEbt

[martinegtkusa]

Which Court have you received the claim from ? County Court Business Centre N1

 

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

 

Date of issue – 04 Jan 2023

 

Particulars of Claim

1.The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced opened effective from 4*******************1 and
01/05/2017.

 

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

 

3. D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by 09/01/2020 a default was recorded.

 

4. As at 18/02/2020 the Defendant owed MBNA Limited the sum of 7,330.96.

 

5. By an agreement in writing the benefit of the debt has been legally assigned to C effective 18/02/2020 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.

 

And C claims-

1. 7,330.96 2 Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8 % per annum from 18/02/2020 to 04/01/2023 of 1,625.45 and thereafter at a daily rate of 1.55 to date of judgment or sooner payment. Date 04/01/2023

 

What is the total value of the claim? £9511.41
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes
 

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 April 2007
 

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

 

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. Debt purchaser
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Can't remember 

 

Did you receive a Default Notice from the original creditor? Can't remember

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Don’t recall
 

Why did you cease payments? Loss of income due to illness, upon returning to work I was furloughed (over 50% cut in pay) and then my wife had our daughter, again halving our family income. 

 

What was the date of your last payment? Late 2019 
 

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

 

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

 

I have acknowledged the claim on MCOL but have not yet filed a defence.

Today I will submit a CCA Request and CPR 31.14 Request. 

 

I absolutely cannot afford to pay this amount in one go and a CCJ would be devastating as we are due to relocate for my job later this year and will need to get a new mortgage. 

[martinegtkusa]

I'm just completing the CCA Request now but I'm unsure as to who to send it to? Should it go to Link Financial who I believe are the DCA or LC Asset 2 S.A.R.L who are based in Luxembourg? 

[AndyOrch]

To the claimant named on the claim form.....CPR 31.14 to the solicitor named.

[martinegtkusa]

Thank you

Edited February 5, 2023 by dx100uk
unnecessary previous post quote removed

[dx100uk]

sorry i made a post yesterday but didnt hit reply.

 

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]

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

there are quite a few recent threads here with LC Asset/Link/Kearns Claimform

in the title

use our enhanced google search bar and have a read up, get upto speed how to deal.

 

dx

[martinegtkusa]

Thank you very much. I need to file my defence in the next few days as the claim form shows a date of January 4th on it. What should I say in my defence? Just that I am awaiting proof of the debt? 

[dx100uk]

use

claimform card

or 

claimform link card

 

find and adapt our std holding/no paperwork defence you'll find on many like threads here 

 

pop it up here 1st for checking please

 

dx

 

[martinegtkusa]

Many thanks for your ongoing assistance. Here is my proposed defence. Is it suitable?

 

1.The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced opened effective from 4*******************1 and 01/05/2017.

 

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

 

3. D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by 09/01/2020 a default was recorded.

 

4. As at 18/02/2020 the Defendant owed MBNA Limited the sum of 7,330.96.

 

5. By an agreement in writing the benefit of the debt has been legally assigned to C effective 18/02/2020 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.

 

And C claims-

1. 7,330.96 2 Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8 % per annum from 18/02/2020 to 04/01/2023 of 1,625.45 and thereafter at a daily rate of 1.55 to date of judgment or sooner payment. Date 04/01/2023

 

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 2 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 3 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 5 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 3 February 2023 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.  To date Kearns Solicitors have not sent any of these documents to me. 

  

7. On the 3 February 2023 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. To date 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 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; 

  

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. 

[cenk102]

Do you own a property, maybe they want to put a charge on the property.

 

Doesnt make sense for them to go for ccj so early with the cost of living crisis etc.

[dx100uk]

Might rain tomorrow too @cenk102

 

Defence looks ok @martinegtkusa

But you've ref'd their paras wrong ?.

 

[dx100uk]

defence edited delete the red bits

 

did you get a letter of claim from kearns about i month before the claimform?

[martinegtkusa]

Thank you. I've made the amendments and submitted the defence. 

 

In all honesty I can't remember what I've received and what I haven't. I buried my head in the sand until the claim form arrived. Not clever. 

[dx100uk]

Well next move is not yours, they have 28 days + a couple of days to do something else it gets automatically stayed 

 

Dx

[AndyOrch]

Quote

(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; 

 

Should be Claimant

[dx100uk]

opps wheres that been copied from here...

[martinegtkusa]

I received the following yesterday morning. I'm very unsure as to what to do next. Any help would be very much appreciated. 

 

Brecon House
3 Caerphilly Business Park
Caerphilly
CF83 3GQ
Tel 02920808668
Fax 02920853677
www.kearns.co.uk

Date: 28 March 2023
Dear Sir
Re.
LC Asset1 S.a r.l
Claimant:
Court :
County Court Business Centre
Claim number: K*****
Reference No: 2*******
Account No:
4**************
We write in relation to the above.
We acknowledge the receipt of your defence filed on 30/01/2023, received on 08/02/2023. You intend to dispute
the debt owed. In your Defence you claim that you are unable to recall the agreement referred to in the Particulars
of the Claim.
In reply to this, the claim relates to monies that remain unpaid under a Credit Card Agreement that was opened
with MBNA Limited on 01/05/2017. As a result of your default, MBNA Limited assigned the debt to L.C Asset
S.a.r.l. on 18/02/2022. You were notified of the assignment in writing on 21/02/2022.
You have implied that the Claimant has not responded to your Section 78 request, as per our records no request
was received. You claim to have denied being served with the Default notice and the Notices of Assignment. This
documents that you were fully aware of the debt.
Following the assignment, our client attempted to contact you both by letter and telephone, but we received no
response and consequently we were instructed to commence legal proceedings on their behalf.
We acknowledge the recelpt of your CPR 31.14 request dated 03/02/2023 I compliance with your CPR 31.14
request, please find enclosed.
A copy of the Credit Agreement along with Terms and Conditions
A copy of the Default Notice
A copy of Notice of Assignment
A copy of the Statements

A copy of the Termination letter

If you would like to settle the matter without the necessity of progressing to a court hearing , we would invite you to

sign and return the attached pro-forma together with a reasonable offer of payment.

If the matter iS progressed to trial, we will seek to recover any associated costs from you which willl be added to the

current balance

Our client does not wish to go down this route but will be left with no alternative should we receive no response

from you, within the course of the next 28 days from the date of this letter.

Yours faithfully

KEARNS SOLICITORS

Edited April 5, 2023 by martinegtkusa

[AndyOrch]

Simply a response to your defence and giving you a chance to offer a settlement ( as they are unsure whether to proceed and/also if you do not want to proceed) so its your choice if you wish to reply with an offer of settlement.

 

Andy

[martinegtkusa]

Thank you. I believe the case has probably been stayed by now as the last action on the MCOL site is from 06/02/2023 when my defence was received. 

Having looked through the documents Kearns sent to me, I'm not sure they are enforceable. While the MBNA statements are legitimate, the Credit Agreement is unsigned, undated and generic and makes no mention of me by name. Furthermore some of the 'letters' they claim to have sent to me look like basic word documents and I have no recollection of receiving these.

 

Am I safe to just ignore them at this point? Many thanks again.

[AndyOrch]

That's a decision only you can make but given the claim is stayed then the above is testing the water before they have to make application to lift the stay with fee and then pay a further hearing fee...so it simply may not be financially viable for them to proceed but hoping you bite the carrot and make an offer.

 

I would ignore but its your decision.

[martinegtkusa]

Thank you, that's very much my thinking too. I very much appreciate your help.

[dx100uk]

thats link for you.

 

can you can up all the bogroll they have sent to one mass PDF please

let us see it

 

dx

 

[martinegtkusa]

Many thanks for your ongoing help.

Link Docs.pdf

[dx100uk]

ive removed the statements

we dont need those.

 

looks like they have everything they need

need a better scam of page 1 above please very blurred

 

this was an online signup by the looks of things and page 1 has an IP address

and your typed name?

 

you say no address anywhere on it mind?

 

the dn looks ok too 

[martinegtkusa]

Thank you for all of your excellent advice. This morning I received an N149A Notice of Proposed Allocation to the Small Claims Track from the court. Am I right in thinking that I should now respond as follows? 

 

YES to Small Claims Mediation

YES to 'Do you agree that the small claims track is the appropriate track for this case?' 

NO to suitability without a hearing

 

Given that they have provided the required documents for their case it would seem some form of mediated outcome is the best I can hope for? Money is tight at the moment, but I could afford a monthly payment of £100 over 48 months to clear half of the balance. Is this a reasonable offer to make? 

[AndyOrch]