Claim Form via UK solicitor for Luxembourg Asset Company Claimant

[codliveroil]

Hi all,

Need help responding to this claim. I have already used the online MCOL to file the acknowledgement of service to give me 14 more days to build defence.
Received a claim? Yes
Issue Date: 18/06/2025
Have you Acknowledged the Claim?: Yes (acknowledgement of service filed in MCOL system)
Total Amount Claimed : £5000
Claimants Name: LC Asset 1 S.A.R.L, 20 RUE DE LA POSTE, L-2346 LUXEMBOURG
Solicitors Firm: KEARNS SOLICITORS, CAERPHILLY
Original Creditor: New Day Ltd
Original Debt (eg. Credit card/Loan/Overdraft) : Store Card possibly (regulated under Consumer Credit Act claim form states)
Particulars of Claim: Claimant ("LC Asset 1, Luxembourg") claims a balance due under a CC Act Agreement dated 06/10/2017. Defendant failed to comply with Default Notice served 31/01/2020. Debt sold by New Day Ltd to Claimant on 11/02/2020. Balance including Court Fee and Legal now £5000.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Cannot remember - have drafted letter to send to Kearns for copy of credit agreement and a full breakdown of the account.
List any letters you have sent (eg: CCA/ CPR ): None, drafted letter to request signed Credit Agreement to send to Kearns, as I'm guessing sending to Luxembourg will be pointless?
Any Other Information or Background Details: Cant recall this debt with New Day and don't remember any correspondence. I have a Default on my credit file, but due to drop off after 6 years on 31/01/2026 I think.

Questions:
1. The claimant is in Luxembourg. Is it possible to request details of debt from them, or do I deal with the UK entity, Kearns Solicitors.
2. As the defence deadline is soon 16 July 2025, what do I submit as my defence? I hope the debt is unenforceable.

[echat11]

Hi Codliveroil

Welcome to LB

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 - you've done this.

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 requests to L.C.Asset 2 S.A.R.L, they have 12 days to provide a copy of the agreement. Make sure you get Proof of Postage - you are doing this.

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.

Questions:

1. The claimant is in Luxembourg. Is it possible to request details of debt from them, or do I deal with the UK entity, Kearns Solicitors.

Follow the steps above.

2. As the defence deadline is soon 16 July 2025, what do I submit as my defence? I hope the debt is unenforceable.

Follow the steps above.

[codliveroil]

Thanks for update.
I filed the AOS on 26 June, and the defence on 11th July, within the required timescales. the Defence was based on similar template used on another claim with Kearns/LC Asset Sarl on this forum.
Sent the CPR 31.14 request to Kearns Solicitors on 5th July, and the CCA requests to L.C.Asset 2 S.A.R.L on 5th July. No responses as of today 13 Aug.
Did not send a SAR request to Newday Ltd, but will do that asap.
Received acknowledgement from court on 11th July, giving 28 days to claimant to respond. No response on MCOL portal, will call court to check case is stayed.
Received only a Statement of Account from Link Financial on behalf of LC Asset sarl dated 4th august detailing just the opening balance on 4th Feb, and charges and interest since 31st May, but no CCA or CPR.
I guess I just wait now?

[echat11]

Update when you get anything through from the Court (or when you phone them) or Claimant / solicitors.

[codliveroil]

Hi All,

Can I get some advice on next steps please?

Updates:
CPR 31.14:No further update. Sent to Kearns on 5th July. Received a Statement of Account from Link Financial on behalf of LC Asset Sarl dated 4th August, detailing just the opening balance on 4th Feb, and charges and interest since 31st May, but no CCA or CPR.

MCOL court claim: Not changed status online. Can call them this week.

SAR request: Requested SAR from NewDay on 14 Aug 2025 (with proof of postage). Only just received partial DSAR pack recently on 10th October 2025, after the 30 days limit I believe. Pack contains CCA with my digital signature, statements from 2017 to 2020, and email and correspondence with New Day. (They don't have statements after this as debt was sold to Link Financial). As this was after the 30 days, do I have a case to get this set aside?

[echat11]

a) CPR 31.14:No further update. Sent to Kearns on 5th July. Received a Statement of Account from Link Financial on behalf of LC Asset Sarl dated 4th August, detailing just the opening balance on 4th Feb, and charges and interest since 31st May, but no CCA or CPR.

O.K. So no CCA, Default Notice or Letter of Assignment, with basic details.

b) MCOL court claim: Not changed status online. Can call them this week.

Call them this week, call them early in the morning as soon as they open, otherwise you will have to wait a long time on the phone.

c) SAR request: Requested SAR from NewDay on 14 Aug 2025 (with proof of postage). Only just received partial DSAR pack recently on 10th October 2025, after the 30 days limit I believe. Pack contains CCA with my digital signature, statements from 2017 to 2020, and email and correspondence with New Day. (They don't have statements after this as debt was sold to Link Financial). As this was after the 30 days, do I have a case to get this set aside?

The SAR request isn't part of the CPR protocols. The SAR get's you more information that may help your case, i.e. 'email and correspondence with New Day'.
Soi it's not 'directly' relevant, but might prove to be 'useful'.

You haven't has a Judgement against you so, no you can't 'set a side'. It simply wouldn't apply in the current situation.