Claim form received from kearns solicitors

[WaakyeGirl]

Hi All, thank you in advance,

I received a claim form from Kearns solicitors representing the claimant L C Asset 2 S.A.R.L for an amount roughly £3000 with an issue date of 30/09/2025(service date 05/10/2025). The original creditor was Moneybarn Ltd for a Hire Purchase product. The particulars of the claim: The claimant claims all sums due upon termination of an agreement regulated by CCA between Moneybarn No.1 Ltd & the defendant in writing and opened on or around 21/07/2016. The agreement was terminated as the defendant failed to comply with the terms of the agreement and a default notice served pursuant to s87(1) of the CCA. The agreement was signed to the claimant by Deed of Assignment effective 01/04/2025 and made regular upon the claimant serving notice of assignment upon the defendant shortly thereafter.
The debt was defaulted on 16/10/2025 and there has never been any communication to acknowledge the debt.
I am seeking help on how to navigate this situation and avoid a CCJ or the debt altogether

[echat11]

Hi WAAKYGIRL

Welcome to LB

The debt was defaulted on 16/10/2025 and there has never been any communication to acknowledge the debt. Can you buy me one of those - a 'Time Machine'?
The only way you get a CCJ, is if you ignore a Judgement from the Court, you won't be doing that.


Fill in the following, copy /paste back to this thread without personal details.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

a) First Acknowledge 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 Moneybarn, 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 L C Asset 2 S.A.R.L, they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

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

d) Send a CPR 31.14 request to Kearns Solicitor, 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.

[WaakyeGirl]

Received a claim? Yes/No:YES
Issue Date:30/09/2025
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)3000
Claimant’s Name:L C ASSET 2 S.A.R.L
Solicitors Firm:KEARNS SOLICITORS
Original Creditor:MONEYBARN NO. 1 LTD
Original Debt (eg. Credit card/Loan/Overdraft) :HIRE PURCHASE
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):The claimant claims all sums due upon termination of an agreement regulated by CCA between Moneybarn No.1 Ltd & the defendant in writing and opened on or around 21/07/2016. The agreement was terminated as the defendant failed to comply with the terms of the agreement and a default notice served pursuant to s87(1) of the CCA. The agreement was signed to the claimant by Deed of Assignment effective 01/04/2025 and made regular upon the claimant serving notice of assignment upon the defendant shortly thereafter.
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:

[WaakyeGirl]

Hi WAAKYGIRL

Welcome to LB

The debt was defaulted on 16/10/2025 and there has never been any communication to acknowledge the debt. Can you buy me one of those - a 'Time Machine'?
The only way you get a CCJ, is if you ignore a Judgement from the Court, you won't be doing that.


Fill in the following, copy /paste back to this thread without personal details.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

a) First Acknowledge 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 Moneybarn, 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 L C Asset 2 S.A.R.L, they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

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

d) Send a CPR 31.14 request to Kearns Solicitor, 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.

Will get on to everything above as of tomorrow a.m

[echat11]

The circumstances i.e. health issues, lost job etc.

Any Other Information or Background Details:

[WaakyeGirl]

Received a claim? Yes/No:YES
Issue Date:30/09/2025
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)3000
Claimant’s Name:L C ASSET 2 S.A.R.L
Solicitors Firm:KEARNS SOLICITORS
Original Creditor:MONEYBARN NO. 1 LTD
Original Debt (eg. Credit card/Loan/Overdraft) :HIRE PURCHASE
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):The claimant claims all sums due upon termination of an agreement regulated by CCA between Moneybarn No.1 Ltd & the defendant in writing and opened on or around 21/07/2016. The agreement was terminated as the defendant failed to comply with the terms of the agreement and a default notice served pursuant to s87(1) of the CCA. The agreement was signed to the claimant by Deed of Assignment effective 01/04/2025 and made regular upon the claimant serving notice of assignment upon the defendant shortly thereafter.
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:

Thank you for this response I was on the money claims online service to acknowledge the claim however I could not proceed because the money claim service is asking for a response pack password and I could not find it. May you please urgently help

[echat11]

Thank you for this response I was on the money claims online service to acknowledge the claim however I could not proceed because the money claim service is asking for a response pack password and I could not find it. May you please urgently help

You are meant to do this within 14 days.

https://llangrannogwelfare.org/wp-co...-help-file.pdf

https://legalbeagles.org/library/gui...ledge-a-claim/

[WaakyeGirl]

Good Morning all, just an update, I acknowledged the claim, send a SAR request to Moneybarn, a CCA request to L C Asset & a CPR31.14 request to Kearns Solicitors as you advised & I am still awaiting responses from them. I also got proof that I posted

[echat11]

Good Morning all, just an update, I acknowledged the claim, send a SAR request to Moneybarn, a CCA request to L C Asset & a CPR31.14 request to Kearns Solicitors as you advised & I am still awaiting responses from them. I also got proof that I posted

O.K. Update when you get more information.
It takes them time to open the mail, get it to the right department, etc.

[WaakyeGirl]

Hi, I haven’t received any reply yet, not from Kearns, not from Moneybarn or L C Asset. How do I proceed with my defence without the requested information

[echat11]

Hi, I haven’t received any reply yet, not from Kearns, not from Moneybarn or L C Asset. How do I proceed with my defence without the requested information

You could email Kearns, allowing them more time to provide the requested documentation, or you can just file your Defence with the Court.

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/

Have a go, copy and paste it back to this thread without personal details. I can take a look, then you can file it with the Court online via MCOL.

[WaakyeGirl]

In the [Northampton County Court Business Centre]

Claim No: [XXXXX]

[Claimants Name]

Claimant

And

[Defendants Name]

Defendant

DEFENCE

1.The Defendant received the claim XXXXX from the Civil National Business Centre Northampton County Court on 30/09/2025

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a Hire Purchase agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has [previously] entered into [an agreement/agreement] with [Original Creditor /Claimant] 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 21/07/2016.

7.I contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years]

8.The Claimants statement of case states that the account was assigned from Moneybarn No 1Limited to L C Asset 2 S.A.R.L on 01/04/2025. The Defendant does not recall receiving notice of this assignment.

9.It is denied that Moneybarn No.1 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 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 20/10/2025 I 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 20/10/2025 The Defendant sent a formal request for a copy of the original agreement to L C Asset 2 S.A.R.L pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.(I could not do a £1 money order as L C ASSET 's address is in Luxembourg)

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.]-Haven't done this yet

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 ________________________________

[echat11]

Read through it, if your happy with it, you can lodge it with the Court via MCOL.

a) Can you explain 11, i.e. money order?
b) This is a Hire Purchase Agreement so that covered by Section 79 of the Consumer Credit Act 1974, that's in your Defence.
b) Limitation and extension points have been removed.

In the [Northampton County Court Business Centre]

Claim No: [XXXXX]

[Claimants Name]

Claimant

And

[Defendants Name]

Defendant

DEFENCE

1.The Defendant received the claim XXXXX from the Civil National Business Centre Northampton County Court on 30/09/2025

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a Hire Purchase agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with the Original Creditor 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 21/07/2016.

7.The Claimants statement of case states that the account was assigned from Moneybarn No 1Limited to L C Asset 2 S.A.R.L on 01/04/2025. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Moneybarn No.1 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 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 20/10/2025 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. I 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 20/10/2025 the Defendant sent a formal request for a copy of the original agreement to L C Asset 2 S.A.R.L pursuant to section 79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s79 (1) Consumer Credit Act 1974 and by virtue of s79(3) (a) 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 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 ________________________________

[WaakyeGirl]

Oh what i meant to say was postal order. The post office would not issue the £1 postal order because the claimant's address is not in the UK

[WaakyeGirl]

OMG-the MCOL keep rejecting my claim number/password as incorrect !, this surely cannot be happening now. I want to submit the defence, if this at all normal how can I document this?, I do not want to lose because of a technical error on their web page