L C ASSET / Kearns Solicitors - Claim

[GETBACKUP]

Hello,

I have received letter for a claim but too stressed and stretched to know where to begin. Long story short, life knocked me down hard, now working double time and am still struggling to clear bills month end let alone clear all accrued debts. I'm hoping to get help on how to proceed with this claim so I can get back on track.


Received a claim? Yes
Issue Date: 13 /01 /2025
Have you Acknowledged the Claim?: No
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £4100
Claimant’s Name: LC Asset 2 S.A.R.L.
Solicitors Firm: Kearns Solicitors
Original Creditor: Lloyds Bank
Original Debt (eg. Credit card/Loan/Overdraft) : 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 xxxxxxxxxxxxxxx and opened effective from 25/10/2017. 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 30/07/2021 a default was recorded. As at 18/08/2021 the Defendant owed Lloyds bank plc the sum of 3000. By an agreement in writing the benefit of the debt has been legally assigned to C effective 18/08/2021 and made regular upon C serving a Notice of Assignment upon D shortly thereafter. And C claims – 1 3000 interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from 18/08/2021 to 13/01/2025 of £900 and thereafter at a daily rate of 0.61 to date of judgement or sooner payment. Date 13/01/2025

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No
List any letters you have sent (eg: CCA/ CPR ): None
Any Other Information or Background Details: Last payment - EoY 2020


Any advice offered will be very much appreciated.

[echat11]

Hi GETBACKUP

Welcome to LB

Try not to worry, distract yourself when you start thinking about it.

a) First Acknowledge Service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to Lloyds Bank, 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/

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

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

d) 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/

e) 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.

A bit of the 'long story' would be good.

[GETBACKUP]

Hi ECHAT11,

Thank you very much for your response and do appreciate the help thus far. A lot has happened in the last days; only 2 nights ago, I was at the A & E with my wife who has been feeling unwell for the most of the past 1 year. I was there from 10pm till 6:30am in the morning and resumed work about an hour away at 9:30am after sorting the kids out to go to school. Sometimes, I just get so tired of everything so much that I can't lift a finger but yet find the courage to resume work every single day because I have responsibilities that need tending to and like I said trying to get back up and most importantly be a good example for my kids.This is just a bit of context to some of the stress am going through.

Back to addressing my claims issue, please kindly look at some of the letters I have written and amend where necessary as I am yet to send them. Also a few questions

1. Even though the claim form was issued on 13th, I only received it in my post on the 15th of Jan, so in all the letters where necessary, I hav used the 15th as the date of receipt instead of 13th which is the issue date stated on the letter; is this valid or do I need to change it to issue date as stated on the letter.

2. I only posted the acknowledgement letter on the 23rd of Jan but it didn't get delivered until monday 27th. Will that count as under the 14 days I had to respond?

Thank you for your kind response, please see letters below. I haven't sent any of it and have removed personal infos



SAR REQUEST

XYZ, NAME Street,
city,
POSTCODE
30/01/2025

Data Subject Access Request Team (C41)
Lloyds Bank
Keens House
Anton Mill Road
Andover
SP10 2NQ

Dear Sir or Madam,
Subject access request (Data Protection Act 2018 / General Data Protection Regulations (GDPR))
Name: MY NAME
Address: MY ADDRESS
Previous MY PREVIOUS ADDRESS
D.O.B: my dob
Please supply the data about me that I am entitled to under data protection law relating to myself.
If you need any more data from me to confirm my identity, please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.
If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully
MY Signature
My name

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CCA REQUEST

My name
123, name Street,
city, post code
30/01/2025

LC ASSET 2 S.A.R.L
20 RUE DE LA POSTE
L-2346 LUXEMBOURG
GRAND DUCHY OF LUXEMBOURG

Dear Sir/Madam
Re: − Account Number XYZ12321233123313
Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.
I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.
Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.
If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.
I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Yours faithfully,
My name

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CPR 31.14 REQUEST

My name
123, name Street,
city, postcode
30/01/2025

LC ASSET 2 S.A.R.L
20 RUE DE LA POSTE
L-2346 LUXEMBOURG
GRAND DUCHY OF LUXEMBOURG
Dear Sirs,
Claim Number: M3HC3378
Request for documents mentioned in a statement of case under CPR 31.14
On 15/01/2025 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 07/02/2025.
1. Agreement
2. Default Notice
3. Notice of Assignment

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.
I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 30/01/2025.
I look forward to hearing from you.

Yours sincerely
My name

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Please note in the CPR 31.14 request, I stated I require inspection ahead of filing my defense on 07/02/2025. The date of issue on the claim letter was 13th jan, 28th days exactly counting from 13th of Jan is the 9th of Feb which happens to be a Sunday so I chose the last weekday available which is friday 7th 2025, however I am worried if I were to post on this date it would not get delivered until next weekday even if sent by next day delivery.

Questions: Can you please advise on how the dates apply so I know better on how to work with the date, i.e. issue dates on paper, postal date and dates letters are actually received ?

------------------------------------------------------------------------------------------------------------------------------------------------------

Defence

In the Civil National Business Centre
Claim No: M3HC3378
LC ASSET 2 S.A.R.L
Claimant
And
my name
Defendant
DEFENCE
1.The Defendant received the claim [M3HC3378] from the Northampton County Court on 15/01/2025
2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
4.It is admitted that the Defendant has previously entered into agreement with Lloyds Bank Plc for provision of credit.
5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6.The Claimant’s Particulars of Claim states the agreement was entered into on 25/10/2017

8.The Claimants statement of case states that the account was assigned from Lloyds Bank Plc to LC ASSET 2 S.A.R.L. on 18/08/2021. The Defendant does not recall receiving notice of this assignment.
9.It is denied that Lloyds Bank Plc served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
10.On the 30/01/2025 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Kearns Solicitors. The Defendant requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment].
11. Kearns Solicitors has not sent any of these documents to the Defendant.
12.On the 30/01/2025 The Defendant sent a formal request for a copy of the original agreement to LC ASSET 2 S.A.R.L pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
13.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
14. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]
15.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.
17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.
18.It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
[I believe] [the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.


Signed ________________________________
Dated ________________________________
my name


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Once again thanking you so very much in anticipation for you response. Now its 5am and am going to try shut eye for an hour before getting up to prepare for work

[echat11]

1. Even though the claim form was issued on 13th, I only received it in my post on the 15th of Jan, so in all the letters where necessary, I hav used the 15th as the date of receipt instead of 13th which is the issue date stated on the letter; is this valid or do I need to change it to issue date as stated on the letter.

I would stick with the 13th.

2. I only posted the acknowledgement letter on the 23rd of Jan but it didn't get delivered until monday 27th. Will that count as under the 14 days I had to respond?

That should be fine.

3. Please note in the CPR 31.14 request, I stated I require inspection ahead of filing my defense on 07/02/2025. The date of issue on the claim letter was 13th jan, 28th days exactly counting from 13th of Jan is the 9th of Feb which happens to be a Sunday so I chose the last weekday available which is friday 7th 2025, however I am worried if I were to post on this date it would not get delivered until next weekday even if sent by next day delivery.

You can file your Defence via online via MCOL. So post on this thread on the 4th February then I can take a look at your Defence.

https://www.moneyclaim.gov.uk/web/mcol/welcome

Your letters look fine, they are straightforward.

[GETBACKUP]

Hi, ECHAT11,

Thank you for you response.

I have amended the date and will be posting them today. I hope its not too late though as the first 14 days has already lapsed leaving less time for them to respond.

I will post my defence letter here on 4th as suggested and hopefully and response I get from any of the parties I'm sending to.

Thank you once again and have a nice day

[echat11]

Hi, ECHAT11,

Thank you for you response.

I have amended the date and will be posting them today. I hope its not too late though as the first 14 days has already lapsed leaving less time for them to respond.

I will post my defence letter here on 4th as suggested and hopefully and response I get from any of the parties I'm sending to.

Thank you once again and have a nice day

If it's going to take them longer to get the documentation, then they will write to you saying that. They will give you an extension to file your Defence. You just need to get them sent.

[GETBACKUP]

Hi,

I sent the letters on 30th like I stated. I have now received a response from the claimant's lawyers. please see attached file.


My defence is the same I posted above not sure if I'm supposed to add anything else.

Do I now need to wait for them to reply or will I still need to post the defence before the 28days run out?

Thank you

[echat11]

Hi,

I sent the letters on 30th like I stated. I have now received a response from the claimant's lawyers. please see attached file.


My defence is the same I posted above not sure if I'm supposed to add anything else.

Do I now need to wait for them to reply or will I still need to post the defence before the 28days run out?

Thank you

Answered in post 6. They need to get the information to send to you, you don't need to do anything until they send you the information, until then the matter is on hold.

[GETBACKUP]

Many thanks ECHAT.

[GETBACKUP]

Hi,

I have now received this but appears the letter is asking for clarification on what data I need. Is this the case? Please see images attached.

It looks like all the options have been selected. Do I just reselect the one for credit cards and bank statements?

Also just so I know, if you could advise what the purpose of asking for this is, sorry if the question comes off as a silly one.

Thanks

[echat11]

a) I have now received this but appears the letter is asking for clarification on what data I need. Is this the case? Please see images attached.

That is correct.

b) It looks like all the options have been selected. Do I just reselect the one for credit cards and bank statements?

They haven't been selected, they just show where you should place your selection 'X' for the info you want.

c) Also just so I know, if you could advise what the purpose of asking for this is, sorry if the question comes off as a silly one.

You might have multiple accounts, so they send you information for the correct account. There might be information that might help with your case.

[GETBACKUP]

Okay, thanks

[GETBACKUP]

Hi,

I returned from work yesterday to find a whole box packaged into 6 sections of documents of about roughly a thousand pages per section some of which makes no sense or relevance as of now. These were received from my bank and also I received a statement of account from Link which I have attached here as well as the other. Haven't been able to properly sift through the whole box properly but so far I have attached pictures of what I think makes sense and is of relevance.

[GETBACKUP]

I will see if there's anything else in relation to the credit card but can't see any agreement yet in these. Any sample of what I'm suppose to get from the SAR request in relation to my credit file just one card? thank you.

[echat11]

I will see if there's anything else in relation to the credit card but can't see any agreement yet in these. Any sample of what I'm suppose to get from the SAR request in relation to my credit file just one card? thank you.

You are looking for a Credit Agreement, Default Notice and Letter of Assignment. Any communications you have with them.

Has the Apr, Credit Limit ect been changed? Any anomalies.

You know what the relevant account is, so have a good search.