Claim form received from LC Asset 2

[Hyp]

Received a claim? Yes
Issue Date: 22 Jan 2024
Have you Acknowledged the Claim?: Yes on 30/01/24
Total Amount Claimed : 3500
Claimant’s Name: LC ASSET 2 S.A.R.L.
Solicitors Firm: Kearns Solicitors
Original Creditor: Halifax
Original Debt (eg. Credit card/Loan/Overdraft) : Overdraft
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

The Claimant claims the whole of the outstanding balance due and payable under the terms of a regulated overdraft agreement referenced 0123456 between Bank of Scotland plc and the Defendants (s) ('D') dated 10/09/2008. D failed to make payment as required or to comply with demands and by 29/03/2019 a default was recorded. As at 29/11/2022 D owed Bank of Scotland plc the sum of 3,000. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 29/11/2022 and Notice of Assignment was served upon D shortly thereafter. And the Claimant claims- 1.
3,000. 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8 % per annum from 28/04/2023 to 22/01/2024 of 160 and thereafter at a daily rate of 0.65 to date of judgment or sooner payment.
Date 22/01/2024

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 ): Not yet
Any Other Information or Background Details:

Hello everyone,

I hope someone can help me out. Couple of years ago I suffered from severe mental health issues and buried my head in the sand, at that time I stopped making any payments to my bank for anything and my account was frozen.

I am guessing since this is a claim for overdraft, I only need to send the CPR to Kearns Solicitors?

Any help would be appreciated.

Kind Regards

[echat11]

Hi HYP

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, but don't rely on them) from the date on the claim form, make a note in your diary, as your Defence needs to be in within the 28 days. - You've done this.

B) Send a 31.14 request to the Kearns Solicitors 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. (change Agreement for 'Terms and Conditions when the account was set up and all variations to those Terms and Conditions'

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

C) Send a request for 'Terms and Conditions when the account was set up and all variations to those Terms and Conditions' 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.

D) Send a SAR to Halifax, 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. Do not forget.

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

[Hyp]

Thank you for your help ECHAT11,

I have received the following letter from Kearns Solicitors:

We write further to your request dated 19
To provide the documents requested in the Defence we require time to acquire and compile papers from our client and forward them to you.
We confirm that a hold has been placed on the account and that no default judgment shall be requested within 14 days of the date the disclosed documents are provided.
We do not consider it appropriate to make an application seeking time to provide documents, though if you require such please confirm and we shall do so (though an order may be sought for costs for that).
If you wish to discuss, please contact the address at the top of the page, alternatively contact a Litigation Officer on 02920 808668 who will be happy to assist you.

Do I still need to file my defence within 28 days? Also I wasn’t able to send the requests to LC Asset 2 and Halifax, so should I send them now?


Kind Regards

[echat11]

Thank you for your help ECHAT11,

I have received the following letter from Kearns Solicitors:

We write further to your request dated 19
To provide the documents requested in the Defence we require time to acquire and compile papers from our client and forward them to you.
We confirm that a hold has been placed on the account and that no default judgment shall be requested within 14 days of the date the disclosed documents are provided.
We do not consider it appropriate to make an application seeking time to provide documents, though if you require such please confirm and we shall do so (though an order may be sought for costs for that).
If you wish to discuss, please contact the address at the top of the page, alternatively contact a Litigation Officer on 02920 808668 who will be happy to assist you.

Do I still need to file my defence within 28 days? Also I wasn’t able to send the requests to LC Asset 2 and Halifax, so should I send them now?


Kind Regards

This is a bit confusing, they refer to your Defence in their letter. You ask do I still need to file my Defence, so what are they refering to? (what did you send them?)

Then we'll know whether you need to file your Defence.

From reading the letter, they say 'they will send documents to you, but won't go for a Defaut Judgement for 14 days after you receive the documents, which I think means you have 14 days to file your Defence.

So you need to clarify if you filed a Defence.

[Hyp]

I only sent them the CPR 31.14 that I copied from the link in the right hand side of this website and edited it. I haven’t sent them any defence so I am not sure what they mean either!

[echat11]

I only sent them the CPR 31.14 that I copied from the link in the right hand side of this website and edited it. I haven’t sent them any defence so I am not sure what they mean either!

a) O.K., wait for them to send you the requested documents, once you get them, go through them for anomalies.

b) Start preparing your Defence, 10 days after you receive the documents, update the thread and we can check your Defence.

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

Don't forget, otherwise they will go for a Default Judgement and you don't want that.

[Hyp]

Once again thank you for your help ECHAT11! Just one more question. Should I also send SAR to Halifax and send a letter to LC ASSET 2, requesting terms and conditions?

[echat11]

Once again thank you for your help ECHAT11! Just one more question. Should I also send SAR to Halifax and send a letter to LC ASSET 2, requesting terms and conditions?

Yes, good idea. Make sure you get Proof of Postage.