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Kearns Solicitors LC Asset 1 S.A.R.L in Luxembourg Claim

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  • Kearns Solicitors LC Asset 1 S.A.R.L in Luxembourg Claim

    Hi all,

    Need help responding to this claim as I do not want to be paying over £1000 on a debt that was just over £700

    Received a claim? Yes

    Issue Date: 15/10/2025

    Have you Acknowledged the Claim?: Yes filled out on MCOL ticked defend all of claim

    Total Amount Claimed : £1180.31

    Claimants Name: LC Asset 1 S.a.r.l.

    Solicitors Firm: Kearns Solicitors


    Original Creditor: New Day Ltd

    Original Debt (eg. Credit card/Loan/Overdraft) : New Day Store Credit Card

    Particulars of Claim: The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced [redacted] and opened effective from 29/01/2019. 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 29/11/2019 a default was recorded. As at 13/12/2019 the Defendant owed Newday Ltd the sum of £705.58. By an agreement in writing the benefit of the debt has been legally assigned to C effective 13/12/2019 and made regular upon C serving a Notice of Assignment upon D shortly thereafter. And C claims- 1. £704.58 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8 % per annum from 13/12/2019 to 15/10/2025 of £315.73 and thereafter at a daily rate of £0.15 to date of judgment or sooner payment. Date 15/10/2025

    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): I believe it is not as I offered to pay the balance off to Link Financial back in 2023 which they never accepted. I then asked for proof of the debt to them which they provided, I also asked this to Kearns and they sent over all the documents though I did notice some statements missing.

    List any letters you have sent (eg: CCA/ CPR ): Letters originally sent to Link Financial and Kearns Solicitors for CCA and balance statement.

    Any Other Information or Background Details: That I had made an offer back in 2023 to settle the balance at around £400 which they rejected.
    Tags: None

  • #2
    Hi JMCTEST8869

    Welcome to LB


    b) Send a SAR request to New Day, 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 1 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.

    Comment


    • #3
      Thank you for the help,

      So letter had been sent 27/10/2025 with proof of postage, but so far I have received nothing back and defence would be due 17/11/2025

      Are they likely to claim they had already sent me the information before as I had once asked for it months ago though I did not request in the same formal way as with the templates on the forum.

      Comment


      • #4
        Originally posted by JMcTest8869 View Post
        Thank you for the help,

        So letter had been sent 27/10/2025 with proof of postage, but so far I have received nothing back and defence would be due 17/11/2025

        Are they likely to claim they had already sent me the information before as I had once asked for it months ago though I did not request in the same formal way as with the templates on the forum.
        It's a formal request, so they still need to comply. You can allow them more time to provide the requested documentation.

        Email their solicitors, ask them 'if they agree to extend the time period allowed for filing of your defence pending receipt of the requested documents as allowed under CPR 15.5'?

        They should say 'yes', if you don't receive confirmation in the next 3 days, post on this thread, then you can file your Defence.

        Comment

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