Court Claim Forms / Kearns (Link) - Advice Needed Please

[VIKINGER]

Hi,
I have received two claim forms today and would appreciate any advice on next steps. Here's the information required:

Received a claim? Yes/No: YES
Issue Date: 25 APR 2025
Have you Acknowledged the Claim?: NO
Total Amount Claimed: £1,300
Claimant’s Name: ASSET LINK CAPITAL (NO5) LIMITED
Solicitors Firm: KEARNS SOLICITORS
Original Creditor: NEWDAY LTD
Original Debt (eg. Credit card/Loan/Overdraft) : CREDIT CARD
Particulars of Claim: The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxx and opened effective from 11/03/2015. 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 31/07/2018 a default was recorded. As at 13/08/2018 the Defendant owed Newday Ltd the sum of 800. By an agreement in writing the benefit of the debt has been legally assigned to C effective 13/08/2018 and made regular upon C serving a Notice of Assignment upon D shortly thereafter. And C claims- 1. 740 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from 19/07/2019 to 25/04/2025 of 324.95 and thereafter at a daily rate of 0.16 to date of judgment or sooner payment. Date 25/04/2025
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Last payment was made to Link via Stepchange on 10th July 2019. Part of a DMP which I have since self-managed. I sent a CCA request letter to Link on 28th June 2019. They failed to respond. I sent a follow-up letter dated 17th July 2019 to which they responded with a letter stating they were unable to comply with the request. Unfortunately, I no longer have a copy of this letter.
List any letters you have sent (eg: CCA/ CPR ): See previous.
Any Other Information or Background Details: When I decided to self-manage my DMP, I sent CCA requests to Link. After receiving the response that they were unable to comply, I ceased payments to them. I did inform them in writing that I would be ceasing payments until they could comply, as the debt was unenforceable, but I don't have a copy of this letter either. (I stupidly shredded everything once the defaults had dropped off of my credit file!!).

The second claim is the same claimant, solicitor and original creditor. The amounts and dates are slightly different but essentially the Particulars of Claim read the same.

I would be so grateful for advice on how to proceed. Thank you.

[echat11]

Hi Vikinger

Welcome to LB

You state 2 claims, do you mean 2 debts in the same claim?

You've stated that you've sent a CCA request previously, you need to do it again.

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 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/

c) Send a CCA request to ASSET LINK CAPITAL (NO5) LIMITED 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.

[VIKINGER]

Hi EChat11,

Thank you for your reply.

There are two separate claims (two separate debts).

So, the first thing to do is acknowledge service of the claims. I will do that online later.

[echat11]

Hi EChat11,

Thank you for your reply.

There are two separate claims (two separate debts).

So, the first thing to do is acknowledge service of the claims. I will do that online later.

So the £1,300 is the total of the two debts, originally both with Newday?

[VIKINGER]

Both debts were originally with Newday. One is £800.04 and the other is £1,759.30, so combined total of £2,559.34. Those are the figures stated owed to Newday in the Particulars of Claim(s) as at 13/08/2018 and 14/03/2018 respectively. I don't understand why it then goes on to say "C claims- 1. 740.04" and "1500.87" respectively, why are those figures less? Then there's the interest on both debts plus court fees and legal costs. Do you need to know the total amounts in the Amount Claimed boxes?

[echat11]

Both debts were originally with Newday. One is £800.04 and the other is £1,759.30, so combined total of £2,559.34. Those are the figures stated owed to Newday in the Particulars of Claim(s) as at 13/08/2018 and 14/03/2018 respectively. I don't understand why it then goes on to say "C claims- 1. 740.04" and "1500.87" respectively, why are those figures less? Then there's the interest on both debts plus court fees and legal costs. Do you need to know the total amounts in the Amount Claimed boxes?

No, just get the points a to d in post 2 done.

[VIKINGER]

Hi,

I completed the points a) to d) in post 2.

I acknowledged service of the claim online on 1st May.

The information requests were all sent out on 2nd May by recorded delivery.

The two CCA requests were delivered and signed for on 6th May. The 12 working days for a response was up today.

The two CPR31.14 requests were delivered and signed for also on 6th May. The 7 days response time was 15th May (assuming that meant working days).

The only response I have received is an acknowledgement from NewDay about my SAR request. They emailed me to tell me my request will be actioned within one month.

What does this mean for my case and what should I be doing now? I am confused about the exact date my Defence is due. If it's 28 days from the issue date on the claim form, then that is tomorrow! I thought I had 5 extra days for some reason. Not sure why I thought this?

I would really appreciate any advice. Thanks in advance.

[echat11]

This is an example Defence, if you have a go, copy and paste back on to this thread, then I can take a look.

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

[VIKINGER]

This is an example Defence, if you have a go, copy and paste back on to this thread, then I can take a look.

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

In the Civil National Business Centre

Claim No: M9*****

Asset Link Capital (NO5) Limited

Claimant

And

*******

Defendant

DEFENCE

1.The Defendant received the claim M9***** from the Civil National Business Centre County Court on 30th April 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 an agreement with Newday Ltd for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess their position with regards the claim.

6.The Claimant’s Particulars of Claim states the agreement was entered into on 11/03/2015.

7.The Claimants statement of case states that the account was assigned from Newday Ltd to Asset Link Capital (NO5) Limited on 13/08/2018. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Newday Ltd 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 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 2nd May 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 has not sent any of these documents to the Defendant.

11.On the 2nd May 2025, the Defendant sent a formal request for a copy of the original agreement to Asset Link Capital pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.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.

13. The Defendant has 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.]

14.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.

15.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead my case else the Claim should stand struck out.

16.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

17.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 ________________________________

[VIKINGER]

I'm not sure about point 13 as I haven't contacted the claimant to ask for more time yet.

[echat11]

o.k. will take a look.

[VIKINGER]

Thank you. I appreciate your help.

[echat11]

It's fine, you could give them more time to provide the requested documentation (by emailing them, ask here for more advice) or file your Defence online via MCOL.

In the Civil National Business Centre

Claim No: M9*****

Asset Link Capital (NO5) Limited

Claimant

And

*******

Defendant

DEFENCE

1.The Defendant received the claim M9***** from the Civil National Business Centre County Court on 25th April 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 an agreement with Newday Ltd for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess their position with regards the claim.

6.The Claimant’s Particulars of Claim states the agreement was entered into on 11/03/2015.

7.The Claimants statement of case states that the account was assigned from Newday Ltd to Asset Link Capital (NO5) Limited on 13/08/2018. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Newday Ltd 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 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 2nd May 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 has not sent any of these documents to the Defendant.

11.On the 2nd May 2025, the Defendant sent a formal request for a copy of the original agreement to Asset Link Capital pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.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.

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 my 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 my 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 ________________________________

[VIKINGER]

OK, thank you for checking this through.

In your opinion, which course of action would be best? What happens after the Defence is filed? Is it likely that I will still get a CCJ against me?

[echat11]

a) They make a claim.
b) You file your Defence.
c) The Court sends you a Directions Questionnaire.
d) You have the opportunity of Mediation to see if the
matter can be resolved (this is independent of the Court)
e) If not the case gets sent to your local court.
f) Then you exchange Witness Statement.
g) Hearing / Judgement.

You are a long way off a CCJ, the only way you get a CCJ
is if you ignore a Judgement.

Right now you want them to send you the requested
documentation so you can examine them, to check
they are compliant.