LC Asset / Kearns Solicitors claim

[Palmaviolet]

Hello,

I have received the below claim and was going to respond this weekend, after putting together my income and expenditure, admitting the whole amount claimed and wanting time to pay. After reading the information on the site I am wondering now if I should respond asking for 28 days and prepare letters to be sent to LC Asset/Kearns/Barclaycard.

Received a claim? Yes
Issue Date: 12/07/2023
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) £4100
Claimant’s Name: LC Asset 2 S.A.R.L.
Solicitors Firm: Kearns Solicitors
Original Creditor: Barclaycard
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 ****** and opened effective from 01/09/1999. 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 25/2/2021 a default was recorded. As at 29/11/2022 the Defendant owed Barclaycard the sum of £3600. By an agreement in writing the benefit of the debt has been legally assigned to C effective 29/11/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter. And C claims – 1 3700 interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from 29/11/2022 to 12/07/2023 of £** and thereafter at a daily rate of 0.76 to date of judgement or sooner payment. Date 12/07/2023

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: Last payment 2020

Thanks in advance for any advice offered.

[echat11]

Hi Palm

Welcome to LB


A) You can Acknowledge of Service online via MCOL, (deny to all) that will give you an extra 14 days to file your defence, so that's 14 + 14, 28 days (plus 5 days postal) from the date on the claim form, make a note in your diary, as your Defence needs to be in within the 28 days.

B) Send a 31.14 request to the Kearns on the claim form, they have 7 days to respond after receipt of letter (keep an eye on that). Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

C) Send a CCA request to LC Asset 2 S.A.R.L, 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 SAR to Barclaycard, they have 30 days to provide all the data on the account, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

You need to lodge your Defence with the Court and their solicitor within 28 days (although you have 5 days for postal). Do not forget.

Update the thread when you get the requested information, but 5 days before your Defence is due.

[Palmaviolet]

Hi Echat

Thanks for the welcome and advice. I will go on MCOL right now and get the above posted and update when I get any replies or 5 days before the Defence is due.

[Palmaviolet]

Hi

It's now 28 days since the claim was issued so I have 5 days to send my defence. I haven't received any replies from the 3 companies yet. Barclaycard and Kearns received their letters from me on 28th July and LC Asset a little later on 3rd August due to them being based in Luxembourg.

Any advice on how to proceed would be gratefully received.

Thanks. Palm

[echat11]

The email address for the Court is ccbcaq@justice.gov.uk or you can file it with the Court through MCOL, you will get an automatic acknowledgement of receipt.

In the email subject line write Defence - XXXXXXXXX v XXXXXXXXXX - Claim No: XXXXXXXXXX

In the email add a few more details i.e. Defence attached etc.

Remember to send the Claimant's solicitors a copy, make sure you get Proof of Postage.

Below is an example Defence, if you have a go, copy and paste back to ths thread without personal details, then I can take a look.

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

Try to get it done today.

[Palmaviolet]

Thanks Echat

Sorry it's late in the day now but I've had a go. From point 9 onwards I think it's section 78 but unsure and also in the Statement of Truth I was unsure what to call the document so called it 'Defence'

In the [Northampton County Court Business Centre]
Claim No: [XXXXX]
LC Asset 2 S.A.R.L
Claimant
And
Xxx -my name
Defendant
DEFENCE
1.The Defendant received the claim [xxxx] from the County Court Business Centre, Northampton on 14/7/23
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 Credit Card agreement regulated under the Consumer Credit Act 1974.
4.It is admitted that the Defendant has previously entered into an agreement with Barclaycard 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.It is denied that Barclaycard 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.
7.On the 26/7/23 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.
8. Kearns Solicitors has not sent any of these documents to the Defendant.
9.On the 26/7/23 The Defendant sent a formal request for a copy of the original agreement to LC Asset 2 S.A.R.L pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
10.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.
11.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.
12.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.
13.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.
14.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 ________

Many thanks for the help

[echat11]

Have a read through, if it's o.k., it's ready to go.

DEFENCE

1.The Defendant received the claim XXXXXXXXXX from the County Court Business Centre, Northampton on 14/07/23.

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

3.This claim 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 Barclaycard 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 01/09/1999.

7.The Claimants statement of case states that the account was assigned from Barclaycard to LC Asset 2 S.A.R.L. on 29/11/2022. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Barclaycard 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 26/07/23 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 theAgreement, Default Notice and Notice of Assignment.

10.Kearns Solicitors has not sent any of these documents to the Defendant.

11.On the 26/7/23 The Defendant sent a formal request for a copy of the original agreement to LC Asset 2 S.A.R.L 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 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 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 ________

[Palmaviolet]

That's great. I'll email it to the court now and get it posted to the solicitors today. Thank you

[echat11]

That's great. I'll email it to the court now and get it posted to the solicitors today. Thank you

Make sure you get Proof of Postage.

Also because the account was opened in 1999, the likelihood of them having a compliant CCA is minimal, my recollection from the time was that it was an application form.

[DE DOGS]

Make sure you get Proof of Postage.

Also because the account was opened in 1999, the likelihood of them having a compliant CCA is minimal, my recollection from the time was that it was an application form.

Thanks, E. Just what I was looking for.

[Palmaviolet]

Make sure you get Proof of Postage.

Also because the account was opened in 1999, the likelihood of them having a compliant CCA is minimal, my recollection from the time was that it was an application form.

Proof of Postage obtained. I've been trying to remember back to applying for the card but really can't recall. It was possibly a person approaching me in a shopping centre to 'sell' me a credit card. I did have a PC but it was on dial up and I'm pretty certain it wasn't used for anything financial back then.

[MIKE770]

Proof of Postage obtained. I've been trying to remember back to applying for the card but really can't recall. It was possibly a person approaching me in a shopping centre to 'sell' me a credit card. I did have a PC but it was on dial up and I'm pretty certain it wasn't used for anything financial back then.

THat happened in the 80/90s shopping areas. later found to have legal problems if I remeber correctly

[Palmaviolet]

Just updating this thread with the outcome and to say a big thank you to Echat. I had no responses whatsoever from any of companies, except for a statement with more interest added around November, until this week. I have received a notice of discontinuance of the legal proceedings from Kearns Solicitors. LC Asset have discontinued all of the claim

[echat11]

Well done, great result. Thanks for letting us know.