Asset Link/Kearns Claimform - old HBOS Credit Card Debt - Now N244

[AndyOrch]

2 hours ago, Andyorch said:

 

 

DEFENCE

 

 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 Bank Of Scotland. However, I am unable to recall the agreement reference and particulars referred to within the claimant's particulars and have sought further validation by way of a CCA section 78 request.

 

3. 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.

 

4. 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.

 

5. On 28^th February 2023 I sent a formal request to Asset Link Capital for a copy of the original agreement and statements of account to (who) pursuant to section 78 of the Consumer Credit Act 1974. 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.

 

6. As advised during a telephone conversation with Kearns Solicitors, on 23^rd March 2023, I sent a formal request to Kearns Solicitors for a copy of the original agreement and statements of account to (who) pursuant to section 78 of the Consumer Credit Act 1974. 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  and therefore prevented from enforcing any alleged agreement.

 

7.  On 12^th April 2023,  I sent a further formal request to Kearns Solicitors and Asset Link Capital for a copy of the original agreement and statements of account to (who) pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee to both. 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 and therefore prevented from enforcing any alleged agreement. 

 

8. On 12^th April 2023, I sent a Civil Procedure Rule 31.14 letter to Kearns Solicitors. I requested they 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. 

 

9. 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 service of a 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;

 

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

 

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.

 

 

 

 

Checked......just a few tweaks made,

 

Andy

 

Just as well as that's not the version I posted earlier...use the above ...you can email it to MCOL

[stevehatesbankers]

Hi Andy

I can confirm the correct Defence has been sent

Cheers 

 

Is it case of them contacting me or do I keep contacting the County Court on a regular basis for updates

[dx100uk]

Watch mcol status.

 

You should receive ack from the court.

 

Now get reading those threads so you know what's next, how to respond and what comes after that..please!!

 

But dont no anything without checking here first 

 

Dx

[AndyOrch]

13 minutes ago, stevehatesbankers said:

Hi Andy

I can confirm the correct Defence has been sent

Cheers 

 

Is it case of them contacting me or do I keep contacting the County Court on a regular basis for updates

 

Phew...not sure why you posted the one above in # 26 none of the responses connect to the particulars.

[stevehatesbankers]

For the last 3 or 4 days I have been unable to access Mcol. Is this a common issue? Can they reset or forward new login/password details

[dx100uk]

Well the court has your address,

 

if it does move forward and not get autostayed because link dont respond to the court within about 33 days (barring any court delays in processing)  you get a blank n180 from the court to fullin

 

Dx

[stevehatesbankers]

Still waiting for any info coming through from Link/Kearns however I have noticed on my credit file they have already added nearly £1700 onto the outstanding balance for their fees and interest. Is this the norm?

[dx100uk]

yes, matters not. std practice.

 

 

[stevehatesbankers]

Hi 

Just to provide an update.

 

I received a letter from Kearns a few days ago acknowledging receipts of my previous CCA and CPR 31.14 requests and stating they require time to acquire and compile papers from their client.

 

They further confirm that a hold has been placed on the account and no default judgement shall be requested within 14 days of the date the disclosed documents are provided.

 

As it happens, it has now passed the 33 days from request so would you suggest I contact the courts to see if the case has been set aside

[dx100uk]

On 14/04/2023 at 16:29, dx100uk said:

Well the court has your address,

 

if it does move forward and not get autostayed because link dont respond to the court within about 33 days (barring any court delays in processing)  you get a blank n180 from the court to fullin

 

Dx

 

check mcol claim history weekly

watchout for mention of DQ N180 being sent out

 

if it stays at defence filing for say 2mts THEN start cheering. its stayed and it will then cost the fleecers >£100 to lift the stay if they are that brave.

 

[AndyOrch]

Quote

They further confirm that a hold has been placed on the account and no default judgement shall be requested within 14 days of the date the disclosed documents are provided.

 

Cant anyway you have submitted a defence...check the status on MCOL by logging into your account.

[stevehatesbankers]

I am unable to check the Mcol site as I get an error message stating claim number or password is incorrect

[dx100uk]

been like that since 14-04 has it not?

wonder what you did wrong?

 

as you filed defence ok by MCOL.

 

why not ring and ask.

 

dx

 

[stevehatesbankers]

My defence was emailed. I have had login issues ever since despite me trying to login on multiple occasions. I asked Mcol if they could reset my password last month but the girl I spoke to stated she was unable to do so 

[dx100uk]

well phone tomorrow and ask the status of the claim then.......

[stevehatesbankers]

Managed to speak to the Courts today (having waited an hour and 20 minutes on the phone) to be told that it is now stayed (22/05/2023) due to no response from Link/Kearns. No doubt they will be manufacturing new docs for them to use against me 

[dx100uk]

not unless they want to pay upwards of >£108 to do so..

and if they want to provide new evidence it will be £275

 

dx

 

 

 

[stevehatesbankers]

Well,

after 2 months,

Kearns has sent me a copy of

the agreement,

T&Cs,

default notice

although they do look like they have been doctored.

I spoke to the Courts and they have stated they havent received anything from Kearns as yet although there was a backlog with their post.

Unsure where to start

would appreciate any assistance as where to start first

[dx100uk]

unless they've sent you a n244 and paid an application fee to lift the stay...dead duck ignore them.

if you wish to scan it all to one multipage pdf please do so

read upload carefully please.

dx.

 

 

.

[stevehatesbankers]

Cheers dx 100uk,

I will try and scan everything up tomorrow.

Surprisingly, in their letter they state they have sent everything then state that if I would like to settle the matter without the necessity of progressing to a court hearing.

They invite me to sign and return an attached proforma with an offer of monthly payments that are affordable (they refused to do this previously)

however, the proforma is an admission of guilt, admit the claim in full and me withdrawing my defence 

[dx100uk]

std begging letter they always send. trying to make out they are all powerful and you are just a stupid debtor. if so...why did the oc sell the debt for 10p=£1 and not crush you themselves in court...urm,,,,

 

dx

 

[stevehatesbankers]

Help required please.

My original posts have been closed due to inactivity I have opened this one.

I have received a letter from the courts N24 and N244 stating Asset Link Capital, after 7 months,  have lifted the stay and the claim may continue and the N120 form must be returned to the courts by 7th March

[dx100uk]

threads merged. and retitled

please scan up everything you have received to one mass pdf in date order please. inc their ws/exhibits too.

read upload carefully, use the online websites listed where necessary

dx

[stevehatesbankers]

Thanks dx100uk, I am trying to scan documents on my phone but the message says total files are larger than 33MB and asking me to upload to onedrive and share a link. I am not the most technically gifted so is it ok to send smaller files

Alternatively, I am happy to email to a private email if that helps

Edited March 3 by stevehatesbankers

[dx100uk]

PM sent.