Kearns solicitors help

[User76]

HI, I have read through some other posts and followed the advice given. Some help to finalise my defence would be greatly appreciated as well as any other advice. Many thanks

Received a claim? Yes
Issue Date:26/03/2025
Have you Acknowledged the Claim?: Yes, online, 01/04/2025
Total Amount Claimed : £3400
Claimant’s Name: LC ASSET 2 S.A.R.L
Solicitors Firm: Kearns
Original Creditor: Lloyds bank (This is not mentioned on the claim, just an account number.)
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 ************** opened on or around 08/02/2002. The Defendant(s) failed to make payment as required or to comply with demands and by 06/09/2011 a default was recorded. As at 05/01/2023 the Defendant(s) owed Intrum UK Finance Limited the sum of 2,845.25. The benefit of the debt was originally assigned to Intrum UK Finance Limited then legally assigned to the Claimant effective 05/01/2023 and a Notice of Assignment was served upon the Defendant(s) shortly thereafter. And the Claimant claims- 1. 2,820.25 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from 11/06/2023 to 26/03/2025 of 375.51 and thereafter at a daily rate of 0.60 to date of judgment or sooner payment. Date 26/03/2025

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No (See other information)
List any letters you have sent (eg: CCA/ CPR ): CCA request to LC ASSET 2 S.A R.L - 02/04/2025, CPR 31.14 request to Kearns Solicitors - 02/04/2025. SAR request to Lloyds Bank - 02/04/2025
Any Other Information or Background Details: There is no mention of Lloyds bank in the claim, just a number. I think it related to a Lloyds account, so I sent Lloyds a SAR request. I believe there was no contact between 2011 and 2018 but has been since.
How old is the account: Pre or 2002

[echat11]

Hi USER76

Welcome to LB

Have you had your information requests complied with?

Has a payment been made to the account or the debt been acknowledged in writing in the last 6 years?

If you can post your Defence without personal details on this thread, we can check it for you.

[User76]

Thankyou. My information requests have not been complied with. Payment has been made in the last six years.
I was hoping to base my defence on this post: https://legalbeagles.info/forums/for...rns-solicitors

[echat11]

Thankyou. My information requests have not been complied with. Payment has been made in the last six years.
I was hoping to base my defence on this post: https://legalbeagles.info/forums/for...rns-solicitors

That's fine, but when you get the requested information you need to go through it to make sure the Creditor has complied with the CCA 1974.
You've acknowledged service of the claim, so post on this thread 25 days from the date on the claim form.

[User76]

That's fine, but when you get the requested information you need to go through it to make sure the Creditor has complied with the CCA 1974.
You've acknowledged service of the claim, so post on this thread 25 days from the date on the claim form.

Many thanks for your help so far. I have a draft defence now, posted below. I am unsure about point 4 and some guidance would be greatly appreciated.

DEFENCE

1.The Defendant received the claim********** from the Northampton County Court on 26/03/2025

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 an Overdraft agreement regulated under the Consumer Credit Act 1974.

4.*** I don’t know what to put here as they havent named a creditor, just used a reference number. I think I know which creditor it is (Lloyds bank) but they have made no mention of this. Should I admit just to previously having an overdraft facility but not specify who with? I’m not sure of the correct wording.***

It is [admitted/denied – Only deny opening the account if you genuinely believe you did not open the account, otherwise admit.] that the Defendant has [previously] entered into [an agreement/agreement] with [Original Creditor /Claimant] 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 or around 08/02/2002.




7.The Claimants statement of case states that the account was assigned froman unnamed creditor toIntrum UK Finance onan unspecified date. The Defendant does not recall receiving notice of this assignment.

8.The Claimants statement of case states that the account was assigned fromIntrum UK Finance toLC Asset 2 S.A.R.L on05/01/2023. The Defendant does not recall receiving notice of this assignment.

9.It is denied thatan unnamed creditorserved 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.

10.On the 02/04/2025 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 toKearns solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notices of Assignment.

11.Kearns solicitors has not sent any of these documents to the Defendant.

12.On the 02/04/2025 The Defendant sent a formal request for a copy of the original agreement toLC Asset 2 S.A,R.L pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

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.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.

15.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.

16.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.

17.It is denied that the Claimant is entitled to the relief as claimed or at all.

[echat11]

Check it, if you are happy with it, then it can be filed with the Court via MCOL. There might be push back regards CCA 1974 in their response to your Defence, just have to deal with it, if that happens.

DEFENCE

1.The Defendant received the claim********** from the Northampton County Court Business Centre on 26/03/2025.

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 an Overdraft Agreement regulated under the Consumer Credit Act 1974.

4.The Defendant is unable to admit or deny opening the account because the Claimant has omitted the name of the original Creditor from their statement of case.

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 or around 08/02/2002.

7.The Claimants statement of case states that the account was assigned from Intrum UK Finance Limited to LC ASSET 2 S.A.R.L on 05/01/2023. The Defendant does not recall receiving notice of this assignment.

8.It is denied that the original Creditor 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 02/04/2025 The Defendant sent a request for inspection of documents mentioned in the Claimant’s statement of case under Civil Procedure Rule 31.14 to Kearns solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notices of Assignment.

10.Kearns solicitors has not sent any of these documents to the Defendant.

11.On the 02/04/2025 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 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.

[User76]

Thanks so much for all your help. I have now filed the defence online. I will keep the post updated in the hope it will help others.

[User76]

I still haven't heard anything from any of the partys involved or had any update on the MCOL website. Is this a good sign? Do I need to apply to have it set aside or do anything else or is it just a case of waiting?

[echat11]

I still haven't heard anything from any of the partys involved or had any update on the MCOL website. Is this a good sign? Do I need to apply to have it set aside or do anything else or is it just a case of waiting?

Ring the Court, MCOL only provides basic updates, but it should be updated when you filed your Defence to state that 'this is now a 'Defended Claim'.
Remember Courts normally have 'back logs'. The Court normally sends out a Directions Questionnaire.