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Link/Kearns Claimform - old Barclaycard debt


G7980

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Which Court have you received the claim from ? Civil National Business Centre

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

How many defendant's  joint or self ? Self

Date of issue – . 6 October 2023

Particulars of Claim

What is the claim for – the reason they have issued the claim?

1. The Claimant (C) claims the whole of the outstanding balance due and payable under the regulated agreement referenced xxxx xxxx xxxx xxxx and opened effective from 07/11/2016.

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 25/02/2021 a default was recorded.

4. As at 29/11/2022 the Defendant owed Barclaycard the sum of 2.231.

5. By an agreement in writing the benefit of the debt has been legally assigned to C effective 29/11/2022 and made regular upon C serving Notice of Assignment upon D shortly thereafter.

And C claims 1. 2,321

2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from 29/11/2022 to 06/10/2023 of 144.43 and thereafter at a daily rate of 0.47 to date of judgment or sooner payment.

Date 06/10/2023

What is the total value of the claim? £2,570

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Can't recall receiving 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? 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
 

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? Yes

Did you receive a Default Notice from the original creditor? No

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No

Why did you cease payments? Lost job during COVID. Couldn't afford payments after payment holiday ended.

What was the date of your last payment? Late 2020

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, stopped payments after payment holiday ended

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

I did the AOS, sent CPR and CCA requests and filed the standard holding defence found here.

Today I received the attached bundle from Kearns.

The first letter says "

The Default notice and notices of assignment were sent to your last known address at xxx".

This was an address I had lived at from 2009 to 2011,  5 years prior to taking out this credit card.

I have been living at my current address, and on the electoral role, since 2015 and took out the card in 2016.

The default notice in the attached bundle is indeed to addressed to the old address.

The first letter in the bundle also says "In your defence you claim that the Claimant is in breach of the Financial Services Act, 2000 and the Claimant is not registered under the FCA" and goes on further about the Claimant being registered in Luxembourg etc. I never mentioned any of this in my defence so I assume they've just cut and pasted from another letter/claim.

The last entry on MCOL is "Your defence was received on 06/11/2023 at 08:05:46"

Should I enter into any communication with Kearns at this stage?

Or wait to hear from the Court?

Any thoughts on the incorrectly addressed DN or the credit agreement?

 

LinkKearns 071223 Redacted-compressed-1.pdf

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  • dx100uk changed the title to Link/Kearns Claimform - old Barclaycard debt

well done on everything to date.

oh dear another typical example of link/kearns faking up paperwork if they've used an address you lived at before you even took out the card...:pound:you'll the exact same paperwork in the current link/BC card court thread just below yours here

its already over the 28 days they had to respond to the court and until/unless MCOL states DQ180's have been sent out (if it ever does) you are totally safe to ignore everything.

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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