Tweet
Hi I received a court claim from Kearns Solicitors, their client LC ASSETTS has bought a CC debt from barclays, I used the fantastic advice from ECHAT11 as below;
Welcome to LB
Try not to worry, distract yourself when you start thinking about it.
a) First Acknowledge Service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence.
https://legalbeagles.info/library/gu...ledge-a-claim/
b) Send a SAR request to Lloyds Bank, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.
https://legalbeagles.info/library/gu...ccess-request/
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 CPR 31.14 request to Kearns Solicitors, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.
https://legalbeagles.info/library/gu...-of-documents/
e) 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.
I have done everything on the list and am now ready to send my final defence letter to the court. I was out of the country for 5 years and have been back for 2 1/2 and received the court summons on 28 February. Over 6 years has passed since i have had any correspondence. Please can you look at my defense letter for me? Much appreciated.
DEFENCE
1.The Defendant received the claim XXXXXXX from the Northampton County Court Business Centre County Court on 27 February 2025
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 an Original Creditor 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 2/07/1990
7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years. The Defendant was living overseas between September 2017 and September 2022, on returning the first contact received was 27 February 2025.
8.The Claimants statement of case states that the account was assigned from Barclaycard to L C ASSET on 15/12/2020 The Defendant did not receive notice of this assignment.
9.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.Proof pof postage enclosed
10.On the 3/03/2025 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Kearnes Solicitors I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment. Proof of postage enclosed
1. Kearns Solicitors has not sent any of these documents to the Defendant.
12.On the 03/03/2025 The Defendant sent a formal request for a copy of the original agreement to L C ASSETS pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. Proof of postage and receipt of postal order enclosed
13.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
14. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.
15.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.
16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.
17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.
18.It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
I (XXXXXXXX) believe that the facts stated in this document being verified are true. I (XXXXXXXXX) 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 ________________________________
Welcome to LB
Try not to worry, distract yourself when you start thinking about it.
a) First Acknowledge Service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence.
https://legalbeagles.info/library/gu...ledge-a-claim/
b) Send a SAR request to Lloyds Bank, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.
https://legalbeagles.info/library/gu...ccess-request/
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 CPR 31.14 request to Kearns Solicitors, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.
https://legalbeagles.info/library/gu...-of-documents/
e) 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.
I have done everything on the list and am now ready to send my final defence letter to the court. I was out of the country for 5 years and have been back for 2 1/2 and received the court summons on 28 February. Over 6 years has passed since i have had any correspondence. Please can you look at my defense letter for me? Much appreciated.
DEFENCE
1.The Defendant received the claim XXXXXXX from the Northampton County Court Business Centre County Court on 27 February 2025
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 an Original Creditor 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 2/07/1990
7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years. The Defendant was living overseas between September 2017 and September 2022, on returning the first contact received was 27 February 2025.
8.The Claimants statement of case states that the account was assigned from Barclaycard to L C ASSET on 15/12/2020 The Defendant did not receive notice of this assignment.
9.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.Proof pof postage enclosed
10.On the 3/03/2025 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Kearnes Solicitors I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment. Proof of postage enclosed
1. Kearns Solicitors has not sent any of these documents to the Defendant.
12.On the 03/03/2025 The Defendant sent a formal request for a copy of the original agreement to L C ASSETS pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. Proof of postage and receipt of postal order enclosed
13.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
14. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.
15.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.
16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.
17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.
18.It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
I (XXXXXXXX) believe that the facts stated in this document being verified are true. I (XXXXXXXXX) 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 ________________________________
Comment