Court Claim from Kearns Solicitors

[dmbb71]

Hi Beagles... I received last week a county court claim from Kearns solicitors (issue date 29th May) I got it a week later as I no longer live at address on claim. I acknowledged the claim on 09.06 and will today send CCA to Asset Link Capital (No5) Limited, and CPR to Kearns - is that correct? In the drafts it mentions to request for a copy of the formal demand if mentioned on the claim - I don't think this is the particulars state ..

The claimant claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxx and opened effective from 23.08.13. The agreement is regulated by the consumer credit act 1974, was signed by the defendant and from which credit was extended to the defendant. The defendant failed to make payment as required and by 20/11/2017 a default was recorded. As at 31/07/2017 the defendant owed Newday Ltd the sum of 336421. By an agreement in writing the benefit of the debt has been legally assigned to the claimant effective 31/07/2017 and made regular on the claimant serving a notice of assignment upon the defendant shortly thereafter. And the claimant claims - 1. 344421 2. Interest pursuant to section 69 county court act (1984) at a rate of 8% per annum from 31/07/2017 to 20/05/2018 of 19509 And thereafter at a daily rate of 71 to date of judgement or sooner payment. Date 25/05/2018

Above is typed exactly on form sum owed isnt £336421 the amount claimed is 3559.90 plus fees but that is how it was typed out!

Am I following the right response so far in sending the CPR and CCA? CPR asks for a formal demand if noted - is that within the particulars or do I just ask for contract, default notice and assignment?

many thanks in advance!

[dmbb71]

Anyone??

[MIKE770]

cpr can only ask for what is mentioned in the claim form at this stage = no charge
CCAreuest is £1,00 postal order send recorded delivery keep copy of request with receipt

[dmbb71]

Ok have received a hefty stack of statements, assignment letters, terms and conditions - all of which they say proves their claim. In this case am I best to admit and offer a monthly payment? They have given me a return form to do so and I accept a judgement against me. Should I accept and how much would they accept - wondering as I appear to have no defence do I have to accept a ccj now or is there still an opportunity to avoid that?

[dmbb71]

Just had a phone call from kearns solicitors who have confirmed they will be looking to enforce judgement to secure payment.... is there anyway I can avoid this from the info they have sent or is this an open and shut case??

[jaguarsuk]

Just had a phone call from kearns solicitors who have confirmed they will be looking to enforce judgement to secure payment.... is there anyway I can avoid this from the info they have sent or is this an open and shut case??

Okay, so when you received the claim form did you acknowledge service?

What is your deadline date for your defence and has it passed?

Because if they are saying they will enforce judgement then it sounds like you already have a CCJ against you.

[dmbb71]

Hi,

Thanks for response. I did acknowledge and served the following defence;

1.I received the claim xxxxxxxx on the 9th June (you will note it
was sent to an old address where I no longer reside nor am I on
electoral roll at that address)

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.I am unsure if I ever did enter such an agreement with Newday
Limited

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 Claimants statement of case states that the account was
assigned from Newday to Asset Link Capital on 31.07.17. The
Defendant does not recall receiving notice of this assignment.

7.It is denied that Newday 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.


8.I have 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 signed agreement, default notice and notice of assignment.

9.I have sent a formal request for a copy of the original
agreement to Asset Link pursuant to section [77 or 78] of the
Consumer Credit Act 1974 along with the statutory £1 fee.

10. I have asked the Claimant if we may agree to extend the time
period allowed for filing of my defence pending receipt of
documents (as allowed under CPR 15.5),

11.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.

12.I request the court orders the Claimants to provide the
necessary documentation in order for me to fully plead my case
else the Claim should stand struck out.

13.In the event that the relevant documents are received from the
Claimants I will then be in a position to amend my defence, and
would ask that the Claimants bear the costs of the amendment.

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

On MCOL online status is showing as;

Your acknowledgment of service was received on 11/06/2018 at 01:05:23


Your defence was submitted on 27/06/2018 at 10:23:06


Your defence was received on 27/06/2018 at 12:01:47


I received letter from them in response to my defence - wondering now if what they have provided would be enough to have a judgement made against me?

Thanks!!

[jaguarsuk]

I received letter from them in response to my defence - wondering now if what they have provided would be enough to have a judgement made against me?

It could well have been and they may have applied for summary judgement, best to check with the court.