LC Asset/Link/Kearns Claimform - old Barclaycard debt

[MadMat]

Which Court have you received the claim from ? CBNC

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

How many defendant's  joint or self ? Self

Date of issue – 14-11-23

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 xxxxxxxxxxx and opened effective from xx/xx/2013. 

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 xx/xx/2021 a default was recorded. 

4. As at xx/xx/2022 the defendant owed barclaycard the sum of £8xxx. 

5.By and agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022and made regular upon C serving a notice of assignment on D shortly thereafter.

And C claims

1. 8xxxx

2. interest pursuant to section 69 county courts act at a rate of 8% per annum from xx/xx/2022 to xx/xx/2023 of 5xx and thereafter at a daily rate of 1.72 to date of judgement or sooner payment.

What is the total value of the claim? 9250

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

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. assigned to debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? no

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? Income reduced to pretty much zero during covid.  attempted to negotiate payment plan after but was unable to agree amount I could afford!

What was the date of your last payment? early 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? yes

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

I received a PAPLOC letter shortly before the claim to which I replied with the form on this site and a CCA request.

The claim was issued a few days after they received the reply form and CCA request

I've had an acknowledgement that my form was received but no further reply

CCA Request has been completely ignored,  they havn't cashed the £1 cheque.

I've Acknowledged service on Moneyclaim website.

Should I send a CPR 31  request as I've already requested documents in the PAPLOC form?

 

[dx100uk]

yes cpr.

lots of recent link Barclaycard link claimform threads here already

they wont get a cca they'll fake it up.

see the one down a few here on FLI  forum

dx

 

[MadMat]

propsed defence,  which I believe is due tomorrow

 

1. The Defendant contends that the particulars of claim are vague and 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 failed to comply with paragraph 5 (DISCLOSURE OF DOCUMENTS) of the PAPDC (Pre Action Protocol) by failing to supply whole or in part documents requested and indeed has offered no explanation as to why.  It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

3. Paragraph 1 is noted. The Defendant has had financial dealings in the past with Barclaycard. I am unable to recall the precise details of the alleged agreement or debt by which the Claimant refers within this claim. The Defendant does not recognise the reference number provided by the claimant within its particulars.
 
The Defendant sought clarification by way of a section 78 request sent Royal Mail 2nd Class, dated 1/11/2023. To date the claimant has failed to sufficiently comply with my CCA request and is therefore in default and prevented from enforcing the agreement until such compliance.

4. Paragraph 2 is noted. The Defendant does not recall having received statutory notices in the form of a Default Notice required under s87(1) of the Consumer Credit Act 1974. The Claimant is put to strict proof to show and evidence the nature of any breach and Default Notice.

5. Paragraph 3 is denied. A notice of assignment was never received. The Claimant is put to strict proof that a A notice of assignment was issued to and received by the Defendant

6. On the 11/12/2023, the Defendant sent a request for inspection of documents mentioned in the Claimants statement of case under Civil Procedure Rule 31.14 to the Claimant. The Defendant requested the Claimant provide copies of the Agreement, Default Notice, Notice of Assignment. To date the claimant has not sent any of these documents in relation to this request.

 

7. It is therefore denied with regards to the Defendant owing any monies to the Claimant.  The Claimant has failed to comply with PAPDC, is in default of my CCA request and has not provided requested information under my CPR 31.14 request. Given the reasons as outlined the Claimant has failed to provide fully or in part evidence of agreement / assignment / balance / breach, 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; and
(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. 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]

defence is due by 4pm friday

looks ok to me

i'm sure @Andyorch will pop in before then and check

dx

 

[AndyOrch]

Okay apart from para 3 refers to default notices not para 2

Quote

4. Paragraph 2 is noted. The Defendant does not recall having received statutory notices in the form of a Default Notice required under s87(1) of the Consumer Credit Act 1974. The Claimant is put to strict proof to show and evidence the nature of any breach and service of a Default Notice.

Para 5 refers to assignments not para 3

Quote

5. Paragraph 3 is denied. A notice of assignment was never received. The Claimant is put to strict proof that a A notice of assignment was issued to and received by the Defendant

 

[MadMat]

Referencing fixed  and defence submitted.

Thank you very much for your help!

[AndyOrch]