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Claim Form from Civil National Business Centre from LC Asset 2 S.A.R.L

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  • Claim Form from Civil National Business Centre from LC Asset 2 S.A.R.L

    Hi Everyone after some help please.

    Received a claim? Yes
    Issue Date: 28th Aug 2024
    Have you Acknowledged the Claim?: Yes
    Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £8,800
    Claimant’s Name: LC Asset 2 S.A.R.L
    Solicitors Firm: Kearns Solicitors
    Original Creditor: Newday Ltd
    Original Debt: Credit card
    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): The Claimant (C') claims the

    whole of the outstanding balance due and payable under an agreement referenced XXX and opened effective from 27/09/2018. 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. D failed to comply with a Default Notice served pursuant to s87

    (1) CCA and by 31/08/2023 a default was recorded. As at 15/09/2023 the Defendant owed Newday Ltd the sum of 7,711.75. By an agreement in writing the benefit of the debt has been legally assigned to C effective 15/09/2023 and made regular upon C serving a Notice of Assignment upon D shortly thereafter. And C claims- 1. 7,800

    Interest pursuant to Section 69 County

    Courts Act 1984 at a rate of 8% per annum from 15/09/2023 to 28/08/2024 of 523.55 and thereafter at a daily rate of 1.63 to date of judgment or sooner payment.

    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Yes
    List any letters you have sent (eg: CCA/ CPR ): Yes CCA & CPR
    Any Other Information or Background Details:

    My husband had a heart attack at in 2020 age 43 & had 2 stents fitted, he had not long started his own business. Took him almost 12 months to get back to is normal health. This is when our personal finances started to take a hit, then the mortgage interest rates started to rise and we were unable to secure a new mortgage due to our financial situation so our mortgage went from £650 a month to £1,100 a month, along with everything else going up after covid. I was paying £50 a month to them but then more of our direct debits started bouncing and I did what a lot do and buried my head in the sand and now have received this claim form. We do have another property that we rented out. The tenant has moved out and we've had to do some major renovations to it so that we can sell it. This should be ready to go on the open market in 2 months and houses in our village sell within 8 weeks we can then pay all our crediotrs what we owe them so I really don't want to get a CCJ as this will stop us getting a better mortgage deal so that we can lower our outgoings even more which will stop us paying our creditors back. A CCJ will just push us further into this financial whole we are in & we are just trying to get out of it by selling our other house.
    Last edited by Scooby2015; 3rd September 2024, 00:49:AM.
    Tags: None

  • #2
    just send standard SB letter then

    Comment


    • #3
      What is standard SB letter?

      Comment


      • #4
        You say it is Statute Barred, what evidence do you have?

        a) Send a SAR request to
        Newday Ltd, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

        https://legalbeagles.info/library/gu...ccess-request/

        b) Send a CCA request to LC Asset 2 S.A.R.L, they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

        https://legalbeagles.info/library/gu...etter-example/

        c) Send a CPR 31.14 request to Kearns Solicitors, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

        https://legalbeagles.info/library/gu...-of-documents/

        d) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

        https://legalbeagles.info/library/gu...-court-claims/


        Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

        Comment


        • #5
          Thank you.
          I said statue barred because the question was have you had any contact with them in the last 6 years so I answered yes.

          Comment


          • #6
            Originally posted by Scooby2015 View Post
            Thank you.
            I said statue barred because the question was have you had any contact with them in the last 6 years so I answered yes.

            O.K. so it's not statute barred.
            Do a / b and c. But don't forget there is a defence to be done later.

            Comment


            • #7
              just reading your timeline it will be around 8-12 months before this reaches court so don't worry about a CCJ at this time.

              What i would do if i was you is agree to mediation, even if you intend to defend the whole claim, because that will give you more time.

              i.e it will add an extra month or two until it gets to court, also try to use offline case filing as that makes it slower as well so byes you more time

              Comment


              • #8
                Thank you JK2054, what do you mean by try to use offline case filing? Appreciate your advice.

                Comment


                • #9
                  you should file all your documents/defence by email rather than online portals

                  emails are manual so takes far longer

                  Comment

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                  SHORTCUTS


                  First Steps
                  Check dates
                  Income/Expenditure
                  Acknowledge Claim
                  CCA Request
                  CPR 31.14 Request
                  Subject Access Request Letter
                  Example Defence
                  Set Aside Application
                  Directions Questionnaire



                  If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                  NOTE: If you receive a court claim note these dates in your calendar ...
                  Acknowledge Claim - within 14 days from Service

                  Defend Claim - within 28 days from Service (IF you acknowledged in time)

                  If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                  We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                  If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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