L C ASSET / Kearns Solicitors - Claim

[GETBACKUP]

I have now received these letters from the lawyers, please see attached files. The truth is I can't afford to pay anything more than 5 or £10 a month should I need to make a repayment but also most certainly want to avoid any CCJ. At

[GETBACKUP]

rest of the attachments

[echat11]

You need to calm down, you have control over the situation.

What they have sent is a covering letter with the following:-

Default Notice 3 pages
Covering Letter / 1 pages
Letter of Assignment / Letter of Assignment 2 pages
Agreement 1 page
Statement of Account 1 page

The Agreement they've sent doesn't look compliant, it is just 1 page, even at the bottom it states 1 - 4.
Does it have your name and address on it?
Does it have the date the account was opened?

[echat11]

I'll take a look at your Defence and then you can lodge that with the Court via MCOL, once you've read it several times.
The only way you can get a CCJ, is if your ignore Court Orders / Judgements.

[echat11]

Read it several times, if you are happy with it, it can be filed online via MCOL.

In the Civil National Business Centre

Claim No: XXXXXXXXXX

LC ASSET 2 S.A.R.L

XXXXXXXXXXXX
Claimant

And

XXXXXXXXXXXX
Defendant

DEFENCE

1.The Defendant received the claim XXXXXXXXXX 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 to the claim.

6.The Claimant's Particulars of Claim states the agreement was entered into on 25/10/2017

7.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.

8.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.

9.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.

10. Kearns Solicitors sent these documents to the Defendant on XX/XX/XX.

11.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 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

13.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.

14.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.

15.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.

16.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe that the facts stated in this Defence are true. I understand 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

Update the thread when you get correspondence from the Creditor or the Court.

[GETBACKUP]

The document does (in my opinion but I clearly don't know much ) look geniune, I have blurred out/erased names, address and numerical figures etc hence why there are blurred space in some of the placeholders for such. Also the agreement that shows 1 of 4 actually is of 2 parts and complete. I just didn't add them in the post as I didn't think they are relevant becuase those are generic and I only added the pages with names and numbers. part a is 4 pages, front and back ; and part b is 15 pages please see attached images. Again 15 pages of generic / default agreement pages so didn't add the whole thing.

With that being said, do I still go ahead and file the defence if I'm happy with the way its worded and what can I expect if I defend and all their documentation seems to be right and I lost my defence?

Thank you for all your great effort ECHAT11

[echat11]

a) With that being said, do I still go ahead and file the defence if I'm happy with the way its worded?

Yes, you file your Defence.

b) What can I expect if I defend and all their documentation seems to be right and I lost my defence?

That will give you the opportunity to take a closer look at the documents.

You also might get an opportunity to settle the matter at Mediation via negotiation.

You are in control of the process (as much as you can be), nothing can happen to you as long as you keep on top of things.

Once you've filled your defence, update the thread when you get communications from the Court and the Creditors solicitors.
The Court will only ask you to pay what you can afford i.e. monthly payments etc.

[GETBACKUP]

Thank you thus far Echat. I have now filed the defence online, will await replies and any communication from relevant parties and update the thread as soon as.

[GETBACKUP]

I have received acknowledment for the defence.

[echat11]

I have received acknowledment for the defence.

O.K. update the thread when you get more correspondence.

[GETBACKUP]

Hi echat11 I have just received this on 24th. Is this a copy of document sent out to the claimant because it says take note that the defendant has filed a defence. Please see attached files. Thanking you in advance for your guidance.

[GETBACKUP]

rest of the documents

[echat11]

Hi echat11 I have just received this on 24th. Is this a copy of document sent out to the claimant because it says take note that the defendant has filed a defence. Please see attached files. Thanking you in advance for your guidance.

This is a Directions Questionnaire, so once it's COMPLETED and RETURNED the Court can allocate a County Court near you to hear the case, plus anything else that's relevant to the case.

A copy of this goes to the Court and a copy goes to the Creditors solicitor (this is important).

You want a hearing in person.

https://legalbeagles.info/library/gu...uestionnaire//

So you need to fill it in, if you get stuck ask.

[GETBACKUP]

Hi echat11 , I am not entirely sure how to proceed with the questionnaire. I checked the link to the questionn and some of the questions didn't seem to match what. The questionnaire stopped at D but with D1 to D4 mine only has D1 and proceeded all the way to F with sub questions. If its not too much, please can you show me what I need to fill in based on the copy I posted above. I'll prefer not to attend in person if that's an option and I chose C1 for small track to avoid cost etc. Honestly at this point I just want to settle and if that means making a 5 or 10pound payment a month without a CCJ. Please advise and help. Need to sent out tomorrow at the latest. Many thanks

[echat11]

O.K. you can send a 'Without Prejudice - Save as to Costs' offer letter to their solicitors.

Send it with an Income and Expenditure form, take into account the cost of living i.e. energy, food etc. Make allowances for prices going up.

Only commit to what you can afford. If that £1 a month, so be it.

https://nedcab.cabmoney.org.uk/

You need to amend the following letter to suit your circumstances, you must write the following on the letter 'Without Prejudice - Save as to Costs'.

https://www.citizensadvice.org.uk/de...itor---letter/

Make sure you get Proof of Postage.

Update date when you get a response.