LC Asset/Link/Kearns Claim Form #1 - Halifax CC

[Badtimes123]

In order for us to help you we require the following information:-

[if there are more than one defendant listed - tell us] 1 defendant

 

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

 

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

 

Date of issue – . 26/04/23

 

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 xxxxxxxxxxxxxxxx and opened effective from xx/12/2014. 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.

 

(2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/01/2022 a default was recorded.

 

(3) As at xx/02/2022 the Defendant owed Bank of Scotland plc the sum of 8,xxx.xx.

By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/02/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.

 

(4) And C claims-

1. 8,xxx.xx

2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 1.64 to date of judgement or sooner payment.

Date 26/04/2023

 

What is the total value of the claim? 8k
 

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? Yes
 

Did you inform the claimant of your change of address? Yes

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 ? Online
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly
 

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. DP issued claim
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Maybe...
 

Did you receive a Default Notice from the original creditor? Maybe...
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes
 

Why did you cease payments? Loss of employment main cause
 

What was the date of your last payment? Early 2021
 

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

 

-----------------------------------

 

The POC on the claim form is a block of text, no formatting or numbering. Above is verbatim, rounded numbers but I've spaced and added numbers in brackets after each full stop to facilitate writing a defence

 

- AOS submitted

- MCOL status of AOS is updated and timestamped correctly

- CPR 31:14 will be sent to the solicitors named on the claim form before the weekend and in plenty of time to upload and CAG review before defence deadline

- Defence to be submitted before 4pm on Friday 16th June

 

The Default date they state is accurately reflected in my credit file.

 

When the time comes, my defence will look something like this

 

DRAFT - to be adjusted and moulded depending on responses to requests.

 

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. The Defendant has had a contractual relationship with Royal Bank of Scotland in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information.

 

3. Paragraph 2 is denied. 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 Royal Bank of Scotland and received by the Defendant.

 

4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Royal Bank of Scotland.

5. On the 24/12/2022 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request.

On the (INSERT FUTURE DATE) a CPR 31.14 request was sent to Kearns who is yet to respond. To date, (INSERT FUTURE DATE), 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 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;

 

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.

------------------------------------

 

Thanks in advance, I will post up claim #2 over the weekend in another thread once I've got this one rolling.

 

BT

[dx100uk]

23 minutes ago, Badtimes123 said:

Defence to be submitted before 4pm on Friday 16th June

26th?

 

dx

 

[AndyOrch]

Quote

Defence to be submitted before 4pm on Friday 16th June

 

Date of issue – . 26/04/23

 

Friday 26th May 4.00pm

 

 

 

.

[Badtimes123]

Oh my god please no...

I thought it was until June! how have I got my dates so wrong??

Have I just made the worse mistake possible and not filed in time?

I'm logged into MCOL and cannot see a status change..

MCOL states I'm only to continue if the following apply:

"if you filed an acknowledgement of service, within 28 days of service of the claim"

Which I did - am I still able to submit a defence? the option is available on the site.

If I've messed up here I'm so sorry.. without going into detail, I'm struggling hard right now...

Please give me a gentle steer and when I'm home later I will do everything I can, as quickly as I can

I'm so disappointed in myself

What I've done is, calculated mine into June wrong, saw '26th' by dx, then saw Andy's confirming 26th and didn't twig it was May, please save me the flaming.

This is my fault and I clearly haven't given it enough attention around the time I AOS'd.. getting June in my mind and then having to travel to care for family I've just really dropped the ball..

Done a bit of digging and it is possible to extend the time to file but I'm not fully informed yet and suspect if the claimant wished, they could proceed to default judgement and any filed defence could, on the day, be rejected by the judge - any clarity here would be great.

I'll continue to research while I travel and apologise again, I hope I haven't just thrown away the chance to use all your advice and effort of you all helping me so far..

[AndyOrch]

On 11/05/2023 at 12:16, Andyorch said:

 

Date of issue – . 26/04/23

 

Friday 26th May 4.00pm

 

 

 

.

Do you not get notification's by email when a post is made to your topic BT ?

[Badtimes123]

Yes I did Andy, I just misread/misunderstood and didn't double check.. I've a significant date in June and once I was sure it was after that date, I just didn't think to double check. Not good enough I know, and I bet dx is steaming at me for not taking this seriously....

Currently on the phone to the courts, they are sending me forms to submit for an extension to file of 28days additional, £108 fee - NOTE: they have a backlog of processing these back to April, so perhaps best to just put in a defence ASAP.

The lady is saying no judgement has been entered yet and so I can still file a defence and it would be accepted, however of course they can file for judgement anytime.

In a couple of hours I'll be home and will formulate a defence based on what I have and see if I can get one in today

Edited June 2, 2023 by Badtimes123

[AndyOrch]

You better get it submitted by 16.00 otherwise that option will close over the weekend.

[dx100uk]

On 11/05/2023 at 00:09, Badtimes123 said:

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. The Defendant has had a contractual relationship with Royal Bank of Scotland in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information.

 

3. Paragraph 2 is denied. 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 Royal Bank of Scotland and received by the Defendant.

 

4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Royal Bank of Scotland.

5. On the 24/12/2022 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request.

On the (INSERT FUTURE DATE) a CPR 31.14 request was sent to Kearns who is yet to respond. To date, (INSERT FUTURE DATE), 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 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;

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.

dx

[Badtimes123]

My defence is filed, for both claims as per the initial defence above and dx's layout, updating relevant fields for each seperate claim, they are exactly the same reasons. I've also downloaded the PDF of each and can confirm MCOL has accepted my filing. I'll keep an eye for status updates.

Thanks for jumping and responding guys, you've no idea how frustrated I am and how silly this looks to not be able to work out dates.. once again I'm sorry.

I will not drop the ball again.

 

[AndyOrch]

Mmmmm my draft layout  

[Badtimes123]

My username must have been prophetic, since around 01/23, it's been real bad times for me and my family. 

I've been away from home through most of July due to family ill health care and family bereavements.

Thanks immensely in advance for your continued support.

--------------------

Defence was filed 02/06/23

Letter received 28/07 with an attached proforma, requesting I admit and pay up within 21 days

I've checked MCOL and can't see a status change..

Does this mean this is now auto stayed 30 days after defence filed?

I find it interesting that they knew I would respond to a claim because I responded to the letter of claim, yet they've filled the claim only to stop progressing after I defend??

I don't have a functional scanner just now, but going to try to get one ASAP, as the paperwork they have provided from the CCA request contains what appears to be duplicate documents,

but one copy with my old address (appears to be zoomed in) and one copy with my new address (appears in normal font size), both pieces start with "These are the conditions of an agreement between........." but the wording is also slightly different... when I received them I thought it was just a zoomed in copy, but they differ..

Thanks

BT

[dx100uk]

claim will be stayed yes.

[Badtimes123]

Good evening CAG Team

Returned home today to a pile.. I have 2 claims at N180, issued 29th Aug.

I will upload all docs for this claim tonight, probably late tonight so wanted this post in to give as much time as poss for your thoughts because I also wanted to try to find errors myself rather than simply upload and have you guys nursemaid me

For this thread's claim:

- They did respond to a CCA request, my defence states they didn't in my haste to log the standard no paperwork one, problem?
- N180 received, issued 29th Aug. I must by 15th September have notified the court and all parties.
- DQ's from claimant received from their sols, they've chose yes to mediation, no to witness, yes to no hearing

I need to decide on mediation.. however there's issues with the enforaceability of the paperwork they have provided me, their CCA response:

- had no DN
- agreement looks fake/recon
- One Agreement version has my old address (Credit Card Agreement Regulated.... These are the conditions of an agreement) another has my current address (Backbook customer copy template..... Halifax CC T&C's)
- I mentioned previously a zoomed in version, I realise now it's not a zoomed in version exactly as some of the lettering is capitalised in one and not in the other, but both agreements refer to being the agreement between us....
- No IP on agreement

If I choose yes to mediation how do I navigate without telling them they haven't satisfied CCA? should I refuse based on what I've said or go but give reply "I don't have enough information to make any decisions currently?"

Any other advice while I mash this scanner? thanks

BT

Edited September 11, 2023 by Badtimes123

[dx100uk]

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

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

ill look at the pwork later but if you feel its not enough then when it comes to it the same 3 Q'q are asked again, and you simply state the claimant has failed to supply enough information concerning the alleged debt for me to be able to make an informed decision upon mediation so its a no.

dx

 

[Badtimes123]

Thanks in advance all.

Printed and sent.

Here is all paperwork sent by Stink following my CCA early in the year, circa Feb..

- Address discrepancy across documents, but they are my addresses, previous or current and I did move around the time of signature
- No DN
- No statements provided to show debt accrual
- No IP on Agreements
 

Sorry for low res i had to compress it into dust. I can split out into 2 separate if needed

LinkHalifaxCC.compressed.pdf

Edited September 11, 2023 by Badtimes123
low res comment

[dx100uk]

what always worries me about link CCA returns is they are never copies of the original OC's scan , in so much as you can see evidence the OC sent these to link

they always have LINK heading/footer, which to me could have been faked up form any old document Link have in their filing cabinet with you details copy and pasted in. not copies of the original file sent by the OC.

to that end as link are not saying they are reconstructed agreements and relying upon those rules...i say they are most probably faked up.

 

[Badtimes123]

Yeh totally agree, it feels really wrong to see it on Link headed paper and they don't really look like scans either.. suggests they are manipulating the actual font

With the CCA reply missing all statements too makes me think they don't have much of anything, so have knocked something up from last weeks cases..

I guess that could be interesting if this goes to trial and they are to produce originals/copies of originals

Reviewing CONC13.1.4 regarding agreement copies, it states things like ".....the term 'true copy' does not necessarily mean a carbon, photocopy, microfiche copy or other exact copy of the signed agreement. There is no obligation to provide a copy which includes a copy of the signature."

and

"Further, section 180(1)(b) of the CCA and regulation 3(2) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 expressly allow certain matters to be omitted from the copy. There may be excluded from the copy of the executed agreement to be provided under these sections:

(b)any signature box, signature or date of signature;"

CONC refers to 'the firm', however I can't seem to figure out whether this applies to only OC's, debt purchasers or both.

 

[dx100uk]

any debt buyer inherits all the rights of the OC good or bad to them.

 

[FTMDave]

Open.

[Badtimes123]

Thanks for opening, it's been another rough year for my family and I've procastinated a little..

Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues.

Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused.

this has been allocated to small claims track, court date is June 3 and I've received their WS.

I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through.

Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it?

I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime.

Wonder what your advice would be given the documents they have provided?

I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage?

Thanks as always in advance

Edited Thursday at 08:57 by Badtimes123
Clarifications

[AndyOrch]

Upload a redacted copy of their statement (+ Exhibits) please.

[dx100uk]

no default notice to date...

[Badtimes123]

Hi dx, thanks.

Yes actually, that is the case with this one!

I've taken tomorrow off work, I need to review the whole binder for each of these and I'll refrain from further questions until I do just that.

Just on hold for court ref Claim #2