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.

[Hyp]

Hello

I had been away for a month and after returning i found the reply from Kearns (which I am attaching in this post). I have also received another letter asking me to post a defence in 7 days before they ask the court to make a judgement. Unfortunately the 7 days are finishing today. I have taken the example defence template and will be editing it now so I can post the defence today. Any help would be appreciated.

Kind Regards

[echat11]

Hello

I had been away for a month and after returning i found the reply from Kearns (which I am attaching in this post). I have also received another letter asking me to post a defence in 7 days before they ask the court to make a judgement. Unfortunately the 7 days are finishing today. I have taken the example defence template and will be editing it now so I can post the defence today. Any help would be appreciated.

Kind Regards

Are they the only documents they have sent you?

Your attachments are as follows:

2 x letters of assignment,
2 x covering letters
1 x a check list of documents provided when the account was opened.

[Hyp]

They also sent me my bank statement from August 2018 till March 2019 and that's about it.

[Hyp]

Here is the defence that I ammended from the template. If someone could go over the defence I will be eternally grateful.

In the Northampton County Court Business Centre

Claim No:

LC ASSET 2 S.A.R.L

Claimant

And

Hyp

Defendant

DEFENCE

1.The Defendant received the claim from the Northampton County Court on 30/04/24.

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

3.This claim is for an overdraft agreement regulated under the S78 of Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Halifax Bank for provision of an overdraft.

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 fail to state when the agreement was entered into.

7.The Claimants statement of case states that the account was assigned from Halifax to LC ASSET 2 S.A.R.L on 29/11/22. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Halifax 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 19th February 2024 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.The Claimant has failed to comply with s78 (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][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]

a) Fill in the red bits.

b) Read it a couple of times, correct anything you believe is not correct / true.

c) If you are happy with it, you can file your Defence via MCOL.

d) Edit out post 12, you've put the case number in a couple of places.

---------------------------------------------------------------------------------------------------------------------------------------------------------------

In the Northampton County Court Business Centre

Claim No: [XXXXX]

[Claimants Name]

Claimant

And

[Defendants Name]

Defendant

DEFENCE

1. The Defendant received the claim no: XXXXXXXX from the [Name of Court – often Northampton or Salford] County Court on [Date you received the claim]

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

3. This claim appears to be for a bank overdraft.

4. It is admitted that the Defendant has previously entered into an agreement with Halifax (Bank of Scotland) 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 10/09/2008.

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

8. On the [Date] 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 Terms and Conditions and Notice of Assignment.

9. Kearns Solicitor has failed to provide Terms and Conditions, only providing Notice of Assignment to the Defendant.

10. 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.

11. 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.

12. 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.

13. 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 ________

[Hyp]

First of all Thank you so much ECHAT11 for all your help. I am going to edit the red part and read it a few times before posting it via MCOL.

After posting the defence should I also try to negotiate a settlement?

Kind Regards

Edit. Sorry found the edit button!

[echat11]

First of all Thank you so much ECHAT11 for all your help. I am going to edit the red part and read it a few times before posting it via MCOL.

After posting the defence should I also try to negotiate a settlement?

Kind Regards

Edit. Sorry found the edit button!

You can make Full and Final Settlement offers (the Court encourages you to try to settle the matter), but on the letters, make sure you write 'Without Prejudice', that way the letters can't be used against you in the case. Remove anything that isn't correct / true from the letter. Make sure you get Proof of Postage.

https://nationaldebtline.org/sample-...ny%20liability.

Keep on top of this, update the thread when you get a response.