Tesco Credit Card CNBC CLAIM

[Jd2]

Hi, woukd appreciate any advice on this please.

Received a claim? Yes
Issue Date: 28 Nov 2024
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) 2700.00
Claimant’s Name: LC ASSET 2 SARL
Solicitors Firm: KEARNS
Original Creditor: TESCO PERSONAL FINANCE PLC
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 claims the whole of the outstanding balance due and payable under an agreement reference xxx and opened effective from 26/09/2010. The agreement is regulated by the Consumer Credit Act 1974.
("CCA") was signed by 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 23/11/2021 a default was recorded. As at 27/07/2023 the defendent owed Tesco Personal finance plc the sum xxxx.xx. By an agreement in writing the benefit of the debt had been legally assigned to C effective 24/07/2023 and made regular upon C serving a notice of assignment upon D shortly thereafter. And C claims- 1. xxxx.xx. 2. Interest pursuant to section 69 County Court Act 1984 at a rate of 8% per annum from 24/07/2023 to 28/11/2024 of xxx.xx and therefore at a daily rate of 0.48 to date of judgement or sooner payment Date 28/11/2024

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): APRIL 2021
List any letters you have sent (eg: CCA/ CPR ): SARS to TESCO. CCA to LCAsset. CPR to Kearns Solicitors

Any Other Information or Background Details:
Major accident sept 2020 which has left me disabled and still waiting for surgery
3 months later Dec 2020 made redundant
Diagnosed with cancer October 2021 (all clear now)
Due to this my income was massively reduced and still is. As much as id love to work and be able to make payments I'm not able to at present due to illness and waiting more operations.
im consious of the xmas post to lc asset 2 Sarl Luxembprg and them getting it in time to reply with in 12 days. Do you know if there is any uk address I could send it to
many thanks and much appreciated for any advice

[echat11]

Hi JD2

Welcome to LB

So you've acknowledged service of the Claim.
You've sent the SAR, CCA and CPR31.14 requests.

Update the thread when you get that information

This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

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

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence. You get 5 days for postal but shouldn't need them.

[Jd2]

Ok thank you for the swift reply

[echat11]

a) 'im consious of the xmas post to lc asset 2 Sarl Luxembprg and them getting it in time to reply with in 12 days. Do you know if there is any uk address I could send it to many thanks and much appreciated for any advice'

Send it to Kearns, but request the CCA from lc asset 2 Sarl Luxembourg. Kearns can forward it to lc asset 2 Sarl Luxembourg, they probably have a FAX or something. Also
don't worry if you don't get it back within 12 days, they will normally write back to say 'they have to go back to the original Creditor to try to get hold of the CCA'.

b) Major accident sept 2020 which has left me disabled and still waiting for surgery
3 months later Dec 2020 made redundant
Diagnosed with cancer October 2021 (all clear now)
Due to this my income was massively reduced and still is. As much as id love to work and be able to make payments I'm not able to at present due to illness and waiting more operations.

I'm glad your on the mend, albeit more operations to go. Don't stress yourself, think of positive things, positive outcomes on all fronts.

[Jd2]

Hi i havnt received any replys to my SAR, CCA and CPR31.14 requests

Please could you check my draft defence. Do I need to include point 13. ?

Also can I check what day I should submit it by please,
The claim form is dated 28/11/2024 ....bit confused on if the 28 days is from that date or taken from 5 days after receiving. Im thinking it needs to be submitted by either 25/12 or 30/12 ??

Many many thanks for your advice and support.

[Jd2]

Draft defence

[echat11]

Just as a side, the text needs to be e.g. Arial Font, not the one you used.

No. 13 is if you've asked the other party for an extension so you can file your Defence, once you receive the information you've requested. But you should have had something back (even in the festive period). So leave it out.

I'd submit it on the 24th December.



In the Northampton County Court Business Centre

Claim No: XXXXXXX

LC ASSET 2 S.A.R.L

Claimant

And

[Defendants Name]

Defendant

DEFENCE

1.The Defendant received the claim [Claim Number] from the Northampton County Court on 28th November 2024

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 Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Tesco Personal Finance 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 26/09/2010

7.The Claimants statement of case states that the account was assigned from Tesco Personal Finance to LC Asset 2 S.A.R.L on 24/07/2023. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Tesco Personal Finance 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 12/12/2024 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. Kearns Solicitors has not sent any of these documents to the Defendant.

11.On the 12/12/2024 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 the 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 ________________________________

[Jd2]

Great, i'll get that submitted.

Thank you again for your help, support and kind words. You have subdued my thoughts of worry & concern with peace & positivity! And that is priceless

Wishing you the peace, love & joy for Christmas & 2025

[Jd2]

Hi I submitted my defence and have received acknowledgement letter from the courts.

Today I also received the SAR document fromTesco

Is there anything I need to prepare please

[echat11]

Hi I submitted my defence and have received acknowledgement letter from the courts.

Today I also received the SAR document fromTesco

Is there anything I need to prepare please

You need to go through the SAR documentation, see if there are any anomalies anything that will help with your case.

Is the agreement compliant?
Is the Default Notice compliant?
Is the Notice of Assignment compliant?

Update with what you find.

Timetable:

The Creditor may respond to your Defence.
You will receive a Directions questionnaire from the Court.
You may have Mediation, (you want Mediation providing you receive all the requested documentation) If not resolved.
You prepare a Witness Statement.
There is a Court Hearing.

All this will take time, Court instructions / Orders are important.

[Jd2]

Hi, ive checked the SAR documents from Tesco
It says its a true signed copy of the Agreement, however it does not have my signature and shows a tick. Is this valid? - copy attached
Also theres a note that say 'no application information exists for this account"

I have also received a letter from Kearns Solicitors - copy attached. Should I reply to it please?

[Jd2]

Kearns letter

[Jd2]

Agreement

[Jd2]

Hi, can anyone help advise on my post above on 14th Jan please. I'm not sure what or if I need to do anything ?

[echat11]

Hi, ive checked the SAR documents from Tesco
It says its a true signed copy of the Agreement, however it does not have my signature and shows a tick. Is this valid? - copy attached
Also theres a note that say 'no application information exists for this account"

I have also received a letter from Kearns Solicitors - copy attached. Should I reply to it please?

a) I would say that it doesn't comply as there should be a signature / date. But 'ultimately' it is down to the Judge / Courts to decide providing their is sufficient information.

https://lawzone.legal/when-is-a-cred...0unenforceable.

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

No doubt the prescribed Terms has been 'varied', so they need to provide copies of the 'varied' Terms i.e. interest rate, credit limit etc.

b) The Kearns letter just says 'they are gathering the requested information, so the case is on hold until they provide the requested information.

Kearns might reply to your Defence.
It might be that the case is 'stayed' as they can't comply with your CPR 31.14 request.

If they proceed with the case, then you will receive a Directions Questionnaire from the Court (the Claimant will send you their filled in Directions Questionnaire).