Entering the defence - Debt is almost 6 years since default..

[BT34783212]

Hi, I received a claim letter from the court, I have acknowledged it and requested more time, I am now about to send the CCA but I am concerned that I will be acknowledging the debt, its almost 6 years since default, I had hope to drag it out but they've left a enough time it seems.

Is it ok to leave this in..

4.It is admitted that the Defendant has previously entered into an agreement with Barclaycard for provision of credit



Received a claim? Yes/No:Yes
Issue Date: 23/05/25
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)£15000
Claimant’s Name: L.C.Asset 2 S.A.R.L
Solicitors Firm: Kearns solicitors
Original Creditor:Barclaycard
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 while of the outstanding balance due and payable under an agreement referenced **** **** **** **** and opened effective from 23/04/2009. 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 01/12/2019 a default was recorded. As at 02/12/2019 the Defendant owed Barclaycard the sum of £xxxx. By an agreement in writing the benefit of the debt has been legally assigned to C effective 02/12/2019 and made regular upon C serving a Notice of Assignment upon D shortly thereafter. And C claims- 1. £xxx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from 02/12/2019 to now of £xxxx and thereafter a daily rate of xxx to date of judgment or sooner payment

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):No
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details: I have not spoken or acknowledged the debit since well before it defaulted.

[Pezza54]

Yes, you are admitting to the truth
Is the total claim really as much as £15k or do you mean £1500?

[BT34783212]

Yes, you are admitting to the truth
Is your debt really as much as £15k or do you mean £1500?

Thanks for the reply, ok that makes sense, yes it's almost £15k - they kept uping my limit.

[atticus]

If the claim has been issued within the 6 year limitation period then it has been issued in time. The question of acknowledging the debt by anything you do afterwards does not arise.

[des8]

just a thought ... as Barclaycard kept increasing the limit (without reference to you?) did it become impossible for you to service the debt?
If so you might have a claim against them with FOS for irresponsible lending.
There is a 6 year time limit from the time of the increase(s) to make a claim but FOS can still investigate if a claim is made within three years of when you became aware (or should have become aware) that you had a valid reason to complain.

This will be apart from dealing with the claim against you

[echat11]

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've done this.

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

b) Send a SAR request to Barclaycard, 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 requests to L.C.Asset 2 S.A.R.L, they have 12 days to provide a copy of the agreement. Make sure you get Proof of Postage - you are doing this.

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.

[BT34783212]

Thanks for the advice so far, is there anyway I can get more time? I have been working out the dates and I have to file the defence by the 18th June and that's with requesting 14 days - I couldn't find a printer and then I couldn't find anyone with a cheque book - I have now sorted both.

[echat11]

Thanks for the advice so far, is there anyway I can get more time? I have been working out the dates and I have to file the defence by the 18th June and that's with requesting 14 days - I couldn't find a printer and then I couldn't find anyone with a cheque book - I have now sorted both.

Email the Creditors and their solicitors state that 'you are allowing them an extension of time so they can provide the requested documentation under CPR 15.5 to produce the relevant documentation.

So you can lodge your Defence after you receive the requested documentation, that is normally 14 days after you receive it.

[BT34783212]

Quick update - Barclycard replied with so much stuff, but just statements and balances, no copy of agreement or anything, Kearnes replied to let me know that they have requested the relevant documentation and I should contact them to discuss payments.

[echat11]

Update when you get the requested documents from Kearns.

[BT34783212]

Had a another letter from kearnes telling me that a judgement order has been made against me, I spoke to the court and they said that I had requested more time but that time expired a few days ago, I hadn't realised that I needed to ask for more time after the extra 14 days had expired, as it stands no ccj has been issued, she said I need to file my defense now to try and beat Kearnes.

I am still waiting for LC Assets to send me anything, Kearnes have said they are waiting for the LC Assets.


I was going to complete the defence form using the following as my defence..

DEFENCE
1.The Defendant received the claim XXXXXX from the Northampton County Court on XXXXXX
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 Card agreement regulated under the Consumer Credit Act 1974.
4.It is admitted that the Defendant has previously entered into an agreement] with XXXXXX 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 XXXXXX
7.The Claimants statement of case states that the account was assigned from XXXXXX to XXXXXX. The Defendant does not recall receiving notice of this assignment.
8.It is denied that XXXXXX 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 XXXXXX The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to XXXXXX. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
10. XXXXXX has not sent any of these documents to the Defendant.
11.On the XXXXXX The Defendant sent a formal request for a copy of the original agreement to XXXXXX pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
12.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.
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 (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) 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 ________________________________

[echat11]

If you are happy with it, you can lodge the Defence with the Court via MCOL. You need to fill in the following XXXXXXXX.

DEFENCE

1.The Defendant received the claim XXXXXX from the Northampton County Court on 23/05/25.

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 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 23/04/09.

7.The Claimants statement of case states that the account was assigned from Barclaycard to L.C.Asset 2 S.A.R.L. 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 XXXXXX 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 has not sent any of these documents to the Defendant.

11.On the XXXXXX 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 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.

Signed ________________________________
Dated ________________________________



If you've Acknowledged of Service online or post, then you have in total 28 days (postal 5 days) from the 23rd May 2025.
So you are still in time if filed today.

[BT34783212]

Thanks for this, really appreciated - I guess now I wait, the court said that if Kearnes have already applied for the CCJ then there is nothing I can do, she said that if they already have applied for the CCJ then my defence will be rejected - looking at mcol there is nothing on there, only documents that I have sent.

[BT34783212]

Another question, because I was late submitting my defence (2 days - I made an error when I put the date on my previous post, it was actually 21/05/25), is that going to cause me a problem?

[echat11]

Thanks for this, really appreciated - I guess now I wait, the court said that if Kearnes have already applied for the CCJ then there is nothing I can do, she said that if they already have applied for the CCJ then my defence will be rejected - looking at mcol there is nothing on there, only documents that I have sent.

Did you do this step?

'Have you Acknowledged the Claim?:Yes', from post 1

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've done this.

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