Tweet
Hi
Thanks for the advice on how to post a thread and I hope you see this
Received a claim? Yes
Issue Date: 20 Dec 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) 3300
ClaimantsName: LC ASSET 2 SARL
Solicitors Firm: KEARNS
Original Creditor: TESCO PERSONAL FINANCE PLC
Original Debt (eg. Credit card/Loan/Overdraft) : CREDIT CARD
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
I have included this in the filed defence below
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Kearns called me 6 months ago and I told me about this and said they were to send me all the information in the post
List any letters you have sent (eg: CCA/ CPR ): CCA to LCAsset. CPR to Kearns Solicitors
Any Other Information or Background Details:
I have moved home twice in the last 4 years
They are claiming a notice of assignment was sent on 24/07/23
I sent the CCA And CPR requests
I filed the following defence on 27/01/24
1.The Defendant received the claim xxxxx from the Northampton
County Court on 20/12/24
2.Each and every allegation in the Claimants statement of case is
denied unless specifically admitted in this Defence.
3.This claim is for Credit Card agreement regulated under the
Consumer Credit Act 1974.
4.It is admitted that the Defendant has previously entered into an
agreement with Tesco personal finance 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 29/10/2013
7.The Claimants statement of case states that the account was
assigned from Tesco personal finance to LC Asset 2 S.A.R.L on
24/07/23. The Defendant does not recall receiving notice of this
assignment.
9.It is denied that Tesco personal finance 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 31/12/24 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. I 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 31/12/24 The Defendant sent a formal request for a copy of
the original agreement to LC Asset SARL pursuant to section 78 of
the Consumer Credit Act 1974 along with the statutory £1 fee.
13.The Claimant has failed to comply with s 78 (1) Consumer Credit
Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot
enforce the agreement.
14. 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.
Since then I have received the CCA documents from Kearns
Something quite strange - on the cover letter it says the outstanding balance is In excess of 10k
However all the CCA documents say it’s in the region of 3 k
The agreement is not made out in my full name
I had moved in 2021 therefore I can’t even say if I received them
The default is not showing on my credit file
Signature on the agreement is digital
I was going through some personal issues at the time and all this could have slipped through the net.
I have now received a directions questionnaire through the courts and I don’t need an additional blot on my credit profile. What should I do from here ?
If I go through mediation can I negotiate a settlement and how would this be perceived by the creditor.
What happens at mediation?
This forum has helped me get to this position without this I would have been totally lost
Any further advice on this situation is very much appreciated
Thanks
Chaz
Thanks for the advice on how to post a thread and I hope you see this
Received a claim? Yes
Issue Date: 20 Dec 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) 3300
ClaimantsName: LC ASSET 2 SARL
Solicitors Firm: KEARNS
Original Creditor: TESCO PERSONAL FINANCE PLC
Original Debt (eg. Credit card/Loan/Overdraft) : CREDIT CARD
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
I have included this in the filed defence below
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Kearns called me 6 months ago and I told me about this and said they were to send me all the information in the post
List any letters you have sent (eg: CCA/ CPR ): CCA to LCAsset. CPR to Kearns Solicitors
Any Other Information or Background Details:
I have moved home twice in the last 4 years
They are claiming a notice of assignment was sent on 24/07/23
I sent the CCA And CPR requests
I filed the following defence on 27/01/24
1.The Defendant received the claim xxxxx from the Northampton
County Court on 20/12/24
2.Each and every allegation in the Claimants statement of case is
denied unless specifically admitted in this Defence.
3.This claim is for Credit Card agreement regulated under the
Consumer Credit Act 1974.
4.It is admitted that the Defendant has previously entered into an
agreement with Tesco personal finance 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 29/10/2013
7.The Claimants statement of case states that the account was
assigned from Tesco personal finance to LC Asset 2 S.A.R.L on
24/07/23. The Defendant does not recall receiving notice of this
assignment.
9.It is denied that Tesco personal finance 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 31/12/24 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. I 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 31/12/24 The Defendant sent a formal request for a copy of
the original agreement to LC Asset SARL pursuant to section 78 of
the Consumer Credit Act 1974 along with the statutory £1 fee.
13.The Claimant has failed to comply with s 78 (1) Consumer Credit
Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot
enforce the agreement.
14. 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.
Since then I have received the CCA documents from Kearns
Something quite strange - on the cover letter it says the outstanding balance is In excess of 10k
However all the CCA documents say it’s in the region of 3 k
The agreement is not made out in my full name
I had moved in 2021 therefore I can’t even say if I received them
The default is not showing on my credit file
Signature on the agreement is digital
I was going through some personal issues at the time and all this could have slipped through the net.
I have now received a directions questionnaire through the courts and I don’t need an additional blot on my credit profile. What should I do from here ?
If I go through mediation can I negotiate a settlement and how would this be perceived by the creditor.
What happens at mediation?
This forum has helped me get to this position without this I would have been totally lost
Any further advice on this situation is very much appreciated
Thanks
Chaz
Comment