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.
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.
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