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Claim Form received - Kearns Solicitors

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  • Claim Form received - Kearns Solicitors

    Hi all, i hope i can get some help with a claim form i have received. Before i continue, my MAIN objective is to AVOID getting a ccj issued against me, the reason for this is my area of work automatically bars you from employment if you have such things on your record. I am willing to pay the debt through installments hopefully without the need to involve the court.

    Received a claim? Yes
    Issue Date: 11 June 2021
    Have you Acknowledged the Claim?: No
    Total Amount Claimed : £10900
    Claimant’s Name: LC Asset 2 S.A.R.L
    Solicitors Firm: Kearns Solicitors
    Original Creditor: MBNA
    Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card
    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): The claimant (C) claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxx and opened effective from 30/11/2015. The agreement is regulated by the consumer credit act 1974, was signed by the defendant and from which credit was extended to the defendant. Defendant failed comply with a default notice served pursuant to s87(1) CCA and by 09/11/2020 a default was recorded. As at 18/12/2020 the defendant owed MBNA limited the sume of £9900. By an agreement in writing the benefit of the debt has been legally assigned to C effective 18/12/2020 and made regular upon C serving a Notice of Assignment upon D shortly thereafter. And C claims - 1 £9900 2 - Interest pursuant to section 69 county court act (1984) at a rate of 8% per annum from 18/12/2020 to 11/06/2021 of 350 And thereafter at a daily rate of 2.09 to date of judgement or sooner payment. Date 11/06/2021.
    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:

    Tags: None

  • #2
    Hi Has2021

    Follow the instructions in the link, so you are Acknowledging the claim online, that gives you 28 days, don't do anything else, more advice should follow.

    https://legalbeagles.info/library/gu...ledge-a-claim/

    Comment


    • #3
      thanks for the info! Anyone else able to advise please?

      Comment


      • #4
        Hi HAS2021

        Have you acknowledged the claim with the intent to defend in full?

        If so, what will be the last day for submitting your defence?

        Thanks

        Comment


        • #5
          Check dates

          the amount in question of £10000+ cannot see them letting it go unless - unenforceable for some reason, fingers crossed? also 2015 agreements are hard to see being unenforceable but see what transpires.? think about next move if necessary, CCJ (affect your job???) well if you are worried then maybe you should think as to making an arrangement to pay???

          A Tomlin Order with agreement of lowells and yourselves (would have to keep to it i.e. payments) or they would go back to court system> be honest such short time since taken out and the amount involved is worrying ??

          priority comes to mind here/ Job? were you earning enough to cover repayments? or did something happen that changed your monetary situation by any chance? tell me to mind my own business if you want but a better picture to circumstances needed?

          no background info give originally in item *1 above- where do you live Eng/wales or Scotland?

          Celestine may have some views?

          affordable lending comes to mind?? in such short time?

          Comment

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          SHORTCUTS


          First Steps
          Check dates
          Income/Expenditure
          Acknowledge Claim
          CCA Request
          CPR 31.14 Request
          Subject Access Request Letter
          Example Defence
          Set Aside Application
          Directions Questionnaire



          If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





          NOTE: If you receive a court claim note these dates in your calendar ...
          Acknowledge Claim - within 14 days from Service

          Defend Claim - within 28 days from Service (IF you acknowledged in time)

          If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




          We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
          If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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