Link/Kearns Claimform - old Barclaycard debt - Now N244

[Newdogg06]

Good evening all,

I have an issue that seems to be quite a common problem when looking through the posts on here!

I had a Barclaycard which I defaulted on payments for during lockdown.

Due to various reasons, my planned re-starting of payments didn't happen and Link Financial got hold of the debt and hassled me for a while and now I've been landed the County Court Business Centre letter. 

I must admit it put the wind up me as I've only ever had a couple of parking fines in my 50 years!

Reading on here, I've already written the CCA letter and the CPR 31 request letter ready to post. 

I'm cutting it fine, but I've only got until this Friday to make my defence so would appreciate any advice on what to include.

T.I.A.

 

[dx100uk]

please complete this:

 

dx

 

[Newdogg06]

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

Name of the Claimant ? LC Asset 2 SARL

How many defendant's  joint or self ? self

Date of issue –  18/4/23

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 **************** and opened effective from 18/07/2006.

 

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 29/10/2018 a default was recorded. As at  29/11/2021 the Defendant owed Barclaycard the sum of 8,900.00

 

4. By an agreement in writing the benefit of the debt has been legally assigned to C effective 29/11/2021 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.

 

5. And C claims-

1. 8,900.00

2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8 % per annum from 29/11/2021 to 18/04/2023 of 920.00 and

thereafter at a daily rate of 1.89 to date of judgment or sooner payment. Date 18/04/2023

 

What is the total value of the claim? 10,389.18

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 ? Before

Do you recall how you entered into the agreement...On line /In branch/By post ? Not sure. Online I think

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Not that I can see

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. Link Financial (LC Asset)

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

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

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? I went self-employed in 2015 after being made redundant and my partner also left work on long-term sick leave with greatly reduced income. My business was slow to pick up and money became tight as well as the expenditure of having a school-age child to support. Certain payments had to give.

What was the date of your last payment? late 2018

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? I remember calling them to say I had to miss maybe a month or two's payments but I didn't make any notes as to when. It wasn't followed up by me though
 

[dx100uk]

have you done AOS on MCOL?

 

dx

 

[Newdogg06]

Did an AOS and extended to this coming Sunday if I worked it out correctly. I realise any defence needs to be in by Friday pm 

[dx100uk]

due friday by 4pm.

 

use our std no paperwork/holding defence in just about every link claimform barclaycard thread already here.

 

Programmable Search Engine

CSE.GOOGLE.COM

clickme^^^

 

post it up here for checking 1st mind.

 

dx

[Newdogg06]

OK, thanks for that. But definitely post the CCA and CPR 31 letters? 

 

[AndyOrch]

Yes otherwise you cant refer to them in your defence

[Newdogg06]

Thanks

 

[Newdogg06]

As a defence, is this OK? I have to post the CCA and CPR31 letters today, so have changed the dates in the defence, although it is obvious they would not have replied by now. 

Please let me know if this is all relevant as a solid defence reply as I am going away on business tomorrow and need to file it ASAP. Thanks in advance. 

 

Defence

 

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. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a Letter of Claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

3. 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.

 

4. 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.

 

5. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Barclays Bank.

6. On the 17/05/2023 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, 17/05/2023, no documentation has been received. The claimant remains in default of my section 78 request.

7. 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;

 

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

 

9. 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.

 

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.

[dx100uk]

4 hours ago, Newdogg06 said:

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

re your para 2 ^^^ so which is correct?

 

and you need to align your responses to THEIR para no.s ie 

 

1 hour ago, Newdogg06 said:

4. 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.

 

[Newdogg06]

With regards to paragraph 3 of the PAPDC

I don't honestly remember whether I did or not.

Not the best period in my life at the time and I was pretty disorganised paperwork wise as I was concentrating on getting my business built up.

What would be the best answer to give to generate a positive outcome?

Sorry, but I fit bathrooms and kitchens, this is all alien to me! 

[dx100uk]

it would have been within a month or two of the claimform coming from northants bulk.

it would of been entitled letter of claim

and be from Kearns solicitors

it would also have had a multipage reply pack with it wanting stuff like an I&E sheet etc.

 

dx

 

[Newdogg06]

Ok. Just found it. My partner opened it and must have put it in with a pile of bank statements etc. 

So numbers 2 and 4 of the defence are now irrelevant if I received a Letter of Claim? 

[dx100uk]

no just 2.

 

put up the new version

dont forget to properly align para numbers of their poc to your responses as pointed out.

 

dx

 

[Newdogg06]

Is this any closer?

 

Particular's of claim for easy reference

 

1. The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced **************** and opened effective from 18/07/2006.

 

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 29/10/2018 a default was recorded. As at  29/11/2021 the Defendant owed Barclaycard the sum of 8,900.00

 

4. By an agreement in writing the benefit of the debt has been legally assigned to C effective 29/11/2021 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.

 

5. And C claims-

1. 8,900.00

2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8 % per annum from 29/11/2021 to 18/04/2023 of 920.00 and

thereafter at a daily rate of 1.89 to date of judgment or sooner payment. Date 18/04/2023

 

 

Defence

 

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.

 

3. Paragraph 2 is noted. I have requested by way of a section 78 CCA request for a copy of the agreement from the claimant 

 

4. Paragraph 3 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.

 

5. Paragraph 4 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Barclays Bank.

6. On the 17/05/2023 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 78 request.

7. It is therefore denied until such time complies with my requests with regards to the Defendant owing any monies to the Claimant, and 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;

 

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

 

9. 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.

 

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.

 

 

 

.

[dx100uk]

4 hours ago, Newdogg06 said:

The claimant as yet to respond to this request. Kearns as yet to respond in relation to the CPR 31.14 request. To date, 17/05/2023, no documentation has been received. The claimant remains in default of my section 78 request.

 

you cant really say that as the date is the same day

id drop the above completely 

[Newdogg06]

Ok, I did mention that on the first posting of the defence. If that is taken out and the rest altered, is it ready to send? Or will taking that out make the defence ultimately weak?

They were posted recorded today.

[dx100uk]

well you could leave that it in if you leave filing till friday PM obv 

that wont hurt no.

[Newdogg06]

OK. Many thanks for your help! I will update as things progress. 

 

Just a question, upon preparing my defence on MCOL, there is obviously a fee involved to make a counterclaim.

Is this based on the amount claimed by the Claimant before or after court and legal fees?

 

Also, it requests when making a counterclaim you must "have indicated in your defence that you intend to make a counterclaim"

 

Will I need to add that to the defence or is that worded already in the text as is?

[AndyOrch]

Your not making a counterclaim....defence only unless there is something you have failed to mention ?

[Newdogg06]

OK, sorry, not with it this morning! Just keep seeing £ signs haunting me!

[AndyOrch]

Okay I have made a few tweaks to your defence above in post # 16. Its now worded correctly with regard's to CPR and CCA requests that leaves the door open to whether they comply or not and which you will be able to to update in your statement further into the process.

 

Andy

[Newdogg06]

Thanks for that. Very much appreciated. I have updated on the MCOL page and will send it tomorrow. 

 

[Newdogg06]

Hi again,

An update on the above, not good unfortunately. I received a letter back from Link around 2 weeks after sending my defence. It reads as follows:

"Dear Mr Newdogg06,

Thank you for taking the time to contact us regarding your previous Section 77/78 request, as part of the Consumer Credit Act (CCA) 1974.

Following a further review of the account in question, I can confirm that a County Court Judgement (CCJ) has been obtained in May 2023 and therefore the account is considered enforceable.

As such we are not required to comply with your more recent request.

If you have any further queries, please do not hesitate to contact us.

Yours Sincerely,

Brinda Mauree Complaint & Dispute Resolution Team"

 

I assume this means I now have to pay up in full? 

Regards,

ND