Legal Claim from Kearns Solictor on behalf of LC assest

[Stollins]

Good afternoon all

I am a disabled 30 year old man who is useless with finances,

I received a letter of claim, I contacted National Debt line and they advised me to response with their statue limited template which i did by the 16th of april,

I received court claim form dated 25/04

Please see below

Received a claim? Yes

Issue Date:A claim was issued against you on 25/04/2025

Have you Acknowledged the Claim?:Your acknowledgment of service was submitted on 03/05/2025 at 13:10:14

Total Amount Claimed : £1,407.23

Claimant’s Name: LC ASSET 2 S.A.R.L

Solicitors Firm: Kearns

Original Creditor: Newday Ltd

Original Debt (eg. Credit card/Loan/Overdraft) : Credit card

Particulars of Claim:

The Claimant ('C') claims the
whole of the outstanding balance due and payable under an agreement referenced xxx and opened effective from 25/08/2017. The agreement is regulated by the Consumer Credit Act 1974
('CCA'), was signed by the
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 26/02/2019 a default was recorded. As at 28/02/2019 the Defendant owed Newday Ltd the sum of 1,035.94. By an agreement in writing the benefit of the debt has been legally assigned to C effective 28/02/2019 and made regular upon C serving a Notice of Assignment upon D shortly thereafter. And C claims- 1. 934.98 2.
Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8 % per annum from 08/08/2020 to 25/04/2025 of 312.25 and thereafter at a daily rate of 0.18 to date of judgment or sooner payment. Date 25/04/2025


Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): I believe so yes
List any letters you have sent (eg: CCA/ CPR ): None of the listed letters apart from time is run out from National Debtline
How old is the account: 2017

[echat11]

Hi Stollins

Welcome to LB

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. - YOU HAVE DONE THIS.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to Newday Ltd, 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.

[Stollins]

I will fill and get ready all the above for sending away tuesday after the bank holiday

[Stollins]

In terms of the claiments address

would that be Kearns of LC assests address ?

[echat11]

In terms of the claiments address

would that be Kearns of LC assests address ?

The CCA request goes to LC assets address. You may need to Google this.

CPR 31.14 request to Kearns Solicitors.

SAR request to Newday Ltd.

[Stollins]

Hello, the only one i had had a response from is the SAR from newday requesting more information, I have replied to that today, I sent them all recorded delivery next day apart from the LC assest as this was from Luxemborugh but was delivered three days after i sent it

[echat11]

This is an example Defence, copy and paste back onto this thread without personal details -

e) This is an example Defence.

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

[Stollins]

In the Civil National Business Centre County Court
Claim No: ******
L.C. Asset 2 S.A.R.L
Claimant
And
MR ********
Defendant
DEFENCE

1.The Defendant received the claim ******** from Civil National Business Centre County Court on 25/04/2025

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

3.This claim is fora Credit Credit agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with NewDay Ltd 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 25/082017

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

8.The Claimants statement of case states that the account was assigned Newday LTD to LC assest SARL on 26.02.2019 The Defendant does not recall receiving notice of this assignment.

9.It is denied that Newday LTD 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.

10.On the 14/05/2025 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 Solicitor I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

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

12.On the 14/05/2025 The Defendant sent a formal request for a copy of the original agreement to LC Asset SARL pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with 78 (1) Consumer Credit Act 1974 and by virtue of 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 his 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 his 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 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 ____Stollins____________________________
Dated ______27/05/2025__________________________


Should I delete the Bolded Section ?

[echat11]

Read through it, if your happy with it, it can be filed with the Court via MCOL. I've removed point 14, made minor changes / additions and renumbered. Update the thread when you get updates from Court or solicitors.

In the Civil National Business Centre County Court

Claim No: ******

L.C. Asset 2 S.A.R.L
Claimant

And

MR ********
Defendant

DEFENCE

1.The Defendant received the claim ******** from Civil National Business Centre County Court on 25/04/2025

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

3.This claim is for a Credit Credit agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with NewDay Ltd 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 25/08/2017.

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

8.The Claimants statement of case states that the account was assigned Newday LTD to LC Assets SARL on 28/02/2019. The Defendant does not recall receiving notice of this assignment.

9.It is denied that Newday LTD 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.

10.On the 14/05/2025 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 Solicitor I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

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

12.On the 14/05/2025 The Defendant sent a formal request for a copy of the original agreement to LC Asset SARL pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (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.

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 ____Stollins____________________________
Dated ______27/05/2025__________________________

[Stollins]

Hi thanks for the assist, Will Post immediately if i get anything from the courts, Will this be via post or email ?

[echat11]

Hi thanks for the assist, Will Post immediately if i get anything from the courts, Will this be via post or email ?

Both.

[Jocima]

Hi, there! Any updates, please? I have a similar case and would love to know the outcome. Thank you!