Received letter of claim - Kearns on behalf of LC Asset

[Furbinka]

Hi everyone, i have received letter of claim from Kearns alongside reply forms and financial statement. LC Asset claiming dept was legally assigned to them on 29/11/2021. Dept is for Barclay credit card, i don’t think it’s statute bared dept, but default is not on my credit file anymore. I believe this dept was previously with Wescot who I paid small amount against the dept but when they didn’t provide me with original CA and letter that this dept was assigned to them, I stopped paying - last payment to Wescot was May 2021. I never entered into contact with Kearns or LC Asset. What should be my next steps please?

[echat11]

You could wait to see if they file a claim with the Courts.

You could send the another CCA request, make sure you get Proof of Postage.

Send Barclaycard a Subject Access Request, make sure you get Proof of Postage.

https://legalbeagles.info/forums/for...lf-of-lc-asset

https://legalbeagles.org/library/gui...etter-example/

[PallasAthena]

If you have made payments towards the debt as recently as May 2021 it is not statute barred.

[Furbinka]

Hi all, so today I received attached court claim. i know i have to acknowledge the service in next 14 days and tick defend in full and then prepare full defence. Could someone please help with this. Many thanks

[echat11]

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:
When was the account opened?


a) First Acknowledge 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 state you have done this.

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

b) Send a SAR request to Original Creditor, 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 the Claimant, they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

d) Send a CPR 31.14 request to their 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 (5 days postal). If you can post on the thread 5 days before it's due we can help with your Defence.

[Furbinka]

echat11 Thank you, all completed today. Another question I have, original sum was £5.3k and claimant applied interest, of £1.5k, can they do it???

Received a claim? Yes/No: YES
Issue Date: 05/12/2025
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) £7.4k which include interest of £1.5k, court fees and legal costs. Original amount on default £5.3k
Claimant’s Name: LC Asset
Solicitors Firm: Kearons
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 ): as per photo above
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): yes paid reduced sum in 2021
List any letters you have sent (eg: CCA/ CPR ): SAR, CCA and CPR 31.14
Any Other Information or Background Details: Barclays continue increasing my credit when i was already struggling financially as a single mother after divorce which put me in difficult situation to repay
When was the account opened? 2015

[echat11]

Update the thread when you get further documents / correspondence through.

[Furbinka]

Hello all, so I just returned from christmas away and apart from letter from Barclay acknowledging SAR request, no other documents has been received. I need to submit defence by 7th, how should i approach it without any documents/correspondence please?

echat11

[Furbinka]

Hello all, so I just returned from christmas away and apart from letter from Barclay acknowledging SAR request, no other documents has been received. I need to submit defence by 7th, how should i approach it without any documents/correspondence please?

echat11

[echat11]

Amend, then copy and paste back on to this thread without personal details -

e) This is an example Defence.

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

[Furbinka]

In the Civil National Court Business Centre
Claim No:
LC ASSET 2 S.A R.L.
Claimant
And

Defendant
DEFENCE
1.The Defendant received the claim from the Civil National Business Centre on /12/2025.
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 to the claim.
6.The Claimant’s Particulars of Claim states the agreement was entered into on /07/2015.
7.The Claimants statement of case states that the account was assigned from Barclaycard to LC Asset 2 S.A R.L. on 11/2021 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 /12/2025 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 have requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
10. KEARNS SOLICITORS has not sent any of these documents to the Defendant.
11.On the /12/2025 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.
13.The Claimant has failed to comply with s 78 (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 the claimant believes 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

[Furbinka]

Hello all, so i submitted my defence. hear nothing from Kearons or Assets. Received SAR paperwork from Barclays only. Lots of pages of when I opened account, communication, credit limit increases etc, but not credit agreement or assignment. Would this be included in SAR request? echat11 many thanks

[echat11]

Hello all, so i submitted my defence. hear nothing from Kearons or Assets. Received SAR paperwork from Barclays only. Lots of pages of when I opened account, communication, credit limit increases etc, but not credit agreement or assignment. Would this be included in SAR request? echat11 many thanks

Yes, the SAR should include all the documentation they have on the account. It should include the agreement, default notice and letter of assignment.
Minor point defence, the numbering is slightly incorrect, 12 (not an issue).

[Furbinka]

echat11 thank you, i think i have edited numbering before sending to court.

So am I right, if Barclays didn’t include these in SAR, they don’t exist anymore/where not issued?

[echat11]

echat11 thank you, i think i have edited numbering before sending to court.

So am I right, if Barclays didn’t include these in SAR, they don’t exist anymore/where not issued?

They can 'reconstruct' the CCA from data that they hold, if they do, it still needs to be compliant.
Best to wait and see what they send. Update if / when they do.