Kearns solicitor/l.c asset/ link outsourcing

[Shelby2025]

I have received a claim form from Kearns solicitors regarding an outstanding debt with L.C Assets.
Thanks to the useful information on here I've done the acknowledgement of service and have written both the CCA letter and the CPR 31.14.
My question is do I send CCA letter to L.C Asset or to Link Financial Outsourcing who were appointed to recover the debt? L.C Asset appear to be based in Luxembourg.

Many thanks

[echat11]

Hi Shelby2025

Welcome to LB

My question is do I send CCA letter to L.C Asset or to Link Financial Outsourcing who were appointed to recover the debt?

To LC ASSET 2 S.À R.L.

L.C Asset appear to be based in Luxembourg.

Had the same question the other week.

[Shelby2025]

Many thanks,

I've typed the letter and did write link as wasn't sure. Can I write L.C Asset on the letter?

Sorry if this sounds daft

[echat11]

Many thanks,

I've typed the letter and did write link as wasn't sure. Can I write L.C Asset on the letter?

Sorry if this sounds daft

It might be an idea to address it correctly.

As a one off, I'll send you a sheet of paper and a pot of ink, if you really, really need it.

As I've said we had the same question a couple of weeks ago.

[Shelby2025]

As of yet no response to my CCA request or CPR so now sorting out my defence based on posts on here. They have added interest to the balance also of circa £1000. I'm sure i read something on here about not being able to add interest to balances below £5000. Can I add this or should I aim to defend based on the correct paperwork not being provided yet? Thank you on advance

[echat11]

Stick to the example Defence, post it on this thread without personal details if you want it checked.

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

Fill in the following, copy paste back to this thread without personal details.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

[Shelby2025]

Received a claim? Yes
Issue Date: 30 April
Have you acknowledged the claim? Yes
Total amount claimed: £4500
Claimants name: L.C.Asset 2 S.A.R.L
Solicitors firm: Kearns solicitors
Original creditor: Barclaycard
Original Debt: Credit Card
Particulars of claim: The claimant claims the while of the outstanding balance due and payable under an agreement referenced **** **** **** **** and opened effective from 29/04/2014. The agreement is regulated by the Consumer Credit Act 1974, 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 29/10/2018 a default was recorded. As at 15/12/2020 the Defendant owed Barclaycard the sum of £3500. By an agreement in writing the benefit of the debt has been legally assigned to C effective 15/12/2020 and made regular upon C serving a Notice of Assignment upon D shorty thereafter. And C claims- 1. £3500 2.Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from 25/03/2022 to 30 April 2025 of £800.00 and thereafter a daily rate of 0.75 to date of judgment or sooner payment. Date 30.04.2025
Is the debt statute barred? No as made token payment in 2021
List any letters you have sent: CCA letter and CPR sent on 8 May to LC Asset and Kearns.
This was a card I think i had. I've got in a really good place with any debts owing from this period of my life with payment plans and bringing my credit score up to date. I really don't want a judgment to put me back to where I was 5 year ago.

[echat11]

O.K. post your Defence without personal details.

The only way you'll get a CCJ is if you ignore the Judgement, which
you won't do.

But you need to check if the documents you have requested 'stack up'.

You will have Mediation where the matter might be resolved.

You can make 'Without Prejudice Save as to Cost' (must write that on the
offer letter).

[Shelby2025]

In the Civil National Business Centre

Claim No: ********

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

Claimant

And

Mrs ********

Defendant

DEFENCE

1.The Defendant received the claim ******** from the Civil National Business Centre County Court on 2 May.

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 Barclaycard 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 29/04/2014

7.The Claimants statement of case states that the account was assigned from Barclaycard to the Claimant on 15/12/2020. The Defendant does not recall receiving notice of this assignment.

8.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.

9.On the 07/05/2025 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 Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

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

11.On the 07/05/2025 The Defendant sent a formal request for a copy of the original agreement to L.C.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 her 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.

[echat11]

Are you trying to post your Defence? I'm just seeing a blank space.
Maybe copy it to Notepad, then copy and paste onto the thread.

[Shelby2025]

Yes i did, it shows for me also hopefully this works!?

In the Civil National Business Centre

Claim No: ********

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

Claimant

And

Mrs **** ****

Defendant

DEFENCE

1.The Defendant received the claim ******** from the Civil National Business Centre County Court on 2 May.

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 Barclaycard 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 29/04/2014

7.The Claimants statement of case states that the account was assigned from Barclaycard to the Claimant on 15/12/2020. The Defendant does not recall receiving notice of this assignment.

8.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.

9.On the 07/05/2025 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 Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

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

11.On the 07/05/2025 The Defendant sent a formal request for a copy of the original agreement to L.C.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 her 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.

[echat11]

It's fine, is the date the 7th or 8th when requests were sent? correct if needed. It can be filed with the Courts via MCOL.

In the Civil National Business Centre

Claim No: ********

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

Claimant

And

Mrs **** ****

Defendant

DEFENCE

1.The Defendant received the claim ******** from the Civil National Business Centre County Court on 30th April 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 Barclaycard 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 29/04/2014.

7.The Claimants statement of case states that the account was assigned from Barclaycard to the Claimant on 15/12/2020. The Defendant does not recall receiving notice of this assignment.

8.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.

9.On the 07/05/2025 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 Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

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

11.On the 07/05/2025 The Defendant sent a formal request for a copy of the original agreement to L.C.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 her 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.

[Shelby2025]

Brilliant thank you, the requests are dated 7 May, posted on 8 May when I could get to post office. I put 7th as that matches the letter?

[echat11]

Brilliant thank you, the requests are dated 7 May, posted on 8 May when I could get to post office. I put 7th as that matches the letter?

7th, that's fine.

[Shelby2025]

Just posting an update. After filing my defence, the Court sent me a letter advising Kearns had 28 days to respond after receiving my defence. I received this on 28 May and have heard nothing from Kearns as of today. Link financial sent a statement of accounts on behalf of L.C Asset. Which is dated from 10 December 2024 and shows the original balance plus court fees and interest charges of 8%. This was sent on 9 June and received around 20 June. I'm unsure currently whether Kearns have advised the Court they wish to proceed.

Shelby