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Ccj claim form from lantern out of nowhere

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  • Ccj claim form from lantern out of nowhere

    Ccj had draftty years ago. Never heard from them then got a letter pack today…


    Issue Date: 24/09/2024

    Have you Acknowledged the Claim?: will do via MCOL

    Total Amount Claimed : £ 580

    Claimant’s Name: LANTERN DEBT RECOVERY

    SERVICES LIMITED

    Solicitors Firm: MORIARTY LAW LTD

    Original Creditor: drafty

    Original Debt : line of credit / revolving credit facility.

    Particulars of Claim:

    THE DEFENDANT OWES THE CLAIMANT £576.09

    UNDER A REGULATED LOAN AGREEMENT WITH GAIN CREDIT LLC ALSO KNOWN AS GAIN CREDIT LLC T/AS DRAFTY dated 2/11/2018

    WHICH WAS ASSIGNED TO THE CLAIMANT ON 01/05/2024 AND NOTICE OF WHICH WAS GIVEN TO THE DEFENDANT ON THE 01/05/2024 (DEBT).

    DESPITE FORMAL DEMAND FOR PAYMENT OF THE DEBT THE DEFENDANT HAS FAILED TO PAY AND THE CLAIMANT CLAIMS £576.09 AND FURTHER CLAIMS INTEREST THEREON PURSUANT TO SECTION 69 OF THE COUNTY COURT ACT 1984

    LIMITED TO ONE YEAR TO THE DATE HEREOF AT THE RATE OF 0.00% PER ANNUM

    AMOUNTING TO £0.00


    Is the debt Statute Barred : do not no -



    List any letters you have sent (eg: CCA/ CPR ): none to date
    Tags: None

  • #2
    By reference to the dates given, not statute barred.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      What is the best way to defend this?

      Second question do I need to send letters to the companies?

      Comment


      • #4
        The following will help you address the Particulars of Claim on the claim form.

        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
        MORIARTY LAW LTD 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
        LANTERN DEBT RECOVERY SERVICES LIMITED 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
        Drafty , 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.

        Comment


        • #5
          Thank you for your help.

          I’ve completed the acknowledgement of service.
          what is the advantage of doing the B, C, D steps now versus waiting for them (presumably) in their response to the defence?

          Limited advice I received was that they cannot add anything further following 2 weeks from the initial claim, how does that work in practice?

          Comment


          • #6
            Originally posted by UGCAIAGG View Post
            Thank you for your help.

            I’ve completed the acknowledgement of service.
            what is the advantage of doing the B, C, D steps now versus waiting for them (presumably) in their response to the defence?

            Limited advice I received was that they cannot add anything further following 2 weeks from the initial claim, how does that work in practice?

            a) I’ve completed the acknowledgement of service.

            Good.

            b) what is the advantage of doing the B, C, D steps now versus waiting for them (presumably) in their response to the defence?

            The more information you have at hand now, will allow you to make 'better decisions' going forward.

            c) Limited advice I received was that they cannot add anything further following 2 weeks from the initial claim, how does that work in practice?

            Add anything?

            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.
            2 of 2 < >

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