LC Asset 2 Sarl - Court letter -urgent help

[margaret1612]

I have received a court letter from LC Asset 2 Sarl regarding an old debt to Barclaycard. The card was taken out on 04/2010, on my credit file I can see a default (D) was recorded from Barclaycard on July 2020 and a record of closure in August 2020 (S) also by Barclaycard.

Link Financial then recorded a default for the same amount Aug 2020 and ever since then they have recorded the balance as unsatisfied (US)

I have responded to the court letter as advised by this website and completed the response form accordingly stating I'd like to defend the claim

Please can someone tell me what steps I need to take? I only have 11 days left to respond ( after the 14-day extension) I want them to send a copy of the agreement and prove i owe the money etc

I'm guessing Link Financial are the same as LC Assett Sarl?

Do I email Link Financial and the courts? I'm really starting to worry and panic about this, my anxiety is through the roof

Could anybody please guide me before I have a breakdown?

The help files on this site state > A creditor must provide a copy of the agreement on request within 12 working days, or he becomes unable to enforce the agreement while his default continues.

If I send a letter today where do I send it, what if they don't reply and it's outside of the 12 days? What happens at court?

Panic has well and truly set in


Many thanks

[echat11]

Hi Margaret1612

Welcome to LB

Try to calm down.

A) You can Acknowledge of Service online via MCOL, (deny to all) that will give you an extra 14 days to file your defence, so that's 14 + 14, 28 days (plus 5 days postal) from the date on the claim form, make a note in your diary, as your Defence needs to be in within the 28 days.

B) Answer the following questions, copy and paste back onto 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:

C) Send a 31.14 request to the solicitors on the claim form, they have 7 days to respond after receipt of letter (keep an eye on that). Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

D) Send a CCA request to the Creditor, 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/

E) Send a SAR to Barclaycard, they have 30 days to provide all the data on the account, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

You need to lodge your Defence with the Court and their solicitor within 28 days (although you have 5 days for postal). Do not forget. Update the thread when you get the requested information, but 5 days before your Defence is due.

[margaret1612]

Thanks so much for your reply, I really appreciate it . The court letter arrived the day I left for home for a week, so I was late to respond as didn't open my post straight away as thought it was something else

I'm just a bit worried about the timings of sending letters and allowing them time to respond, and no idea what happens next or where I find updates etc, feel completely lost with it all

Here is the info you requested


Received a claim? Yes
Issue Date: 19.04.23
Have you Acknowledged the Claim?: yes 08.05.23
Total Amount Claimed : 4200
Claimant’s Name: LC 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 ('C') claims the

whole of the outstanding balance due and payable under an agreement referenced

XXXXXX and opened effective from

21/04/2010. 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 27/08/2020 a default was recorded. As at 29/11/2021 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 29/11/2021 and made regular upon C serving a Notice of Assignment upon D shortly thereafter. And C claims- 1. 3,523.97 2.

Interest pursuant to Section 69 County

Courts Act 1984 at a rate of 8 % per annum from 29/11/2021 to 19/04/2023 of 363.56 and thereafter at a daily rate of 0.75 to date of judgment or sooner payment. Date

19/04/2023

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): not sure. Default recorded by Barclaycard July 2020, then an S for settled? I've not had any dealings with LC Asset 2 S.A.R.L, there is a Link Financial record of the same amount on my credit file that has no previous history and a Default logged August 2020 which then changes to US (unsatisfied) every month to present

List any letters you have sent (eg: CCA/ CPR ): none yet

Any Other Information or Background Details: not sure what to put here sorry

[echat11]

Ring the Court up, see if you can get an update.

You need to do c, d and e in post 2.

[margaret1612]

Ring the Court up, see if you can get an update.

You need to do c, d and e in post 2.

(c) can you please tell me what date I put here on the 31.14 request? thanks



To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx.


and also I do not understand this bit:

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 11/05/2023


(d) who is the creditor? SAR Luxembourg? Seems odd sending them £1?


i also have no clue about dates such as defence date

Also, in the letters c, d, e can i add an email address for them to email the documents?

thanks again

[margaret1612]

[QUOTE=echat11;n1645206]Ring the Court up, see if you can get an update.

I have spoken to the court and they said no judgement has been issued yet, the lady also said she didnt understand why I had sent acknowledgement of service when no judgement issued?

[echat11]

(c) can you please tell me what date I put here on the 31.14 request? thanks



a) To enable me to file my defence, I require inspection of documents you mention in your statement of case.

Just amend to the above.

b) and also I do not understand this bit:

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 11/05/2023

(d) who is the creditor? The Creditor is who owns the debt now.
SAR Luxembourg? The original Creditor
Seems odd sending them £1? It's stated in the CCA Act 1974, so it's something you need to do.

c) i also have no clue about dates such as defence date

Lets get the defence lodged with the Court and their solicitors in the next 5 days, so at least you can get back on track, if possible.

Here is an example defence, have a go post it on this thread without personal details -

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

d) Also, in the letters c, d, e can i add an email address for them to email the documents?

You can do, ask them in the requests to do that, they might, they may not.

[echat11]

[QUOTE=margaret1612;n1645271]

Ring the Court up, see if you can get an update.

I have spoken to the court and they said no judgement has been issued yet, the lady also said she didnt understand why I had sent acknowledgement of service when no judgement issued?

If she said that, it doesn't make sense. I think you've misunderstood. It sounds like the creditor hasn't asked for a default judgement yet. Just do what you need to do.

[margaret1612]

[QUOTE=echat11;n1645274]

If she said that, it doesn't make sense. I think you've misunderstood. It sounds like the creditor hasn't asked for a default judgement yet. Just do what you need to do.

She most certainly said it, as I recorded the conversation so I could re listen to it, but i'll disregard it , thanks

[margaret1612]

[QUOTE=echat11;n1645273](c) can you please tell me what date I put here on the 31.14 request? thanks


(d) who is the creditor? The Creditor is who owns the debt now.
SAR Luxembourg? The original Creditor
Seems odd sending them £1? It's stated in the CCA Act 1974, so it's something you need to do.

How do i send the £1to luxembourg? postal order, cash? they cant cash a PO anyway?

[echat11]

[QUOTE=margaret1612;n1645345]

(c) can you please tell me what date I put here on the 31.14 request? thanks


(d) who is the creditor? The Creditor is who owns the debt now.
SAR Luxembourg? The original Creditor
Seems odd sending them £1? It's stated in the CCA Act 1974, so it's something you need to do.

How do i send the £1to luxembourg? postal order, cash? they cant cash a PO anyway?

A cheque, if you haven't got a cheque book, then ask a friend, give them the £1 cash.

[margaret1612]

Lets get the defence lodged with the Court and their solicitors in the next 5 days, so at least you can get back on track, if possible.

Here is an example defence, have a go post it on this thread without personal details -

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


^^^^^^^

I have been unable to do this until today, the above link takes you to the document, the document states all areas in GREEN must be amended, yet the document is just black text?

So far I've not received a reply from Kearn solicitors requesting a copy of the agreement etc, so what do I do now? If they cant prove the debt then what?


I have attempted the defence document, however, no idea about certain areas or how to complete, everything I have amended or don't know what to select is in bold.I need to send this today at the very latest, please help!

Thanks so much





DEFENCE

1.The Defendant received the claim [Claim Number] from the [Name of Court – often Northampton or Salford] County Court on [Date you received the claim]

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 21/04/2010

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 from Barclaycard to LC ASSET SARL on 29/11/2021. The Defendant does not recall receiving notice of this assignment.

9.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.

10.On the 11.05.2021 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.

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

12.On the 11.05.2021 The Defendant sent a formal request for a copy of the original agreement to L C ASSET SARL pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.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.

1. 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 claimant 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]

a) Regards Limitation Act - when did you last make a payment and has the debt been acknowledged in the last 6 years?

b) The email address for the Court is ccbcaq@justice.gov.uk , you will get an automatic acknowledgement of receipt.

In the email subject line write Defence - XXXXXXXXX v XXXXXXXXXX - Claim No: XXXXXXXXXX

In the email add a few more details i.e. Defence attached etc.

Remember to send the Claimant's solicitors a copy, make sure you get Proof of Postage.


DEFENCE

1.The Defendant received the claim XXXXXXXXX from the Northampton County Court on 19/04/2023.

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 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 21/04/2010.

7. The Claimants statement of case states that the account was assigned from Barclaycard to LC ASSET SARL on 29/11/2021. 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 11.05.2021The 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 Solicitorshas not sent any of these documents to the Defendant.

11. On the 11.05.2021 The Defendant sent a formal request for a copy of the original agreement to L C ASSETSARL pursuant to section 78of 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 ________

[margaret1612]

[QUOTE=echat11;n1646040]a) Regards Limitation Act - when did you last make a payment and has the debt been acknowledged in the last 6 years? - last payment date December 2019 to Barclaycard, no payment or contact with LC Assett

b) The email address for the Court is ccbcaq@justice.gov.uk , you will get an automatic acknowledgement of receipt.
In the email subject line write Defence - XXXXXXXXX v XXXXXXXXXX - Claim No: XXXXXXXXXX
In the email add a few more details i.e. Defence attached etc. - do I need to send a letter also to fill out any forms, or just send the email?
Remember to send the Claimant's solicitors a copy, make sure you get Proof of Postage. - will do


Thanks so much for your help

[echat11]

[QUOTE=margaret1612;n1646044]

a) Regards Limitation Act - when did you last make a payment and has the debt been acknowledged in the last 6 years? - last payment date December 2019 to Barclaycard, no payment or contact with LC Assett

b) The email address for the Court is ccbcaq@justice.gov.uk , you will get an automatic acknowledgement of receipt.
In the email subject line write Defence - XXXXXXXXX v XXXXXXXXXX - Claim No: XXXXXXXXXX
In the email add a few more details i.e. Defence attached etc. - do I need to send a letter also to fill out any forms, or just send the email?
Remember to send the Claimant's solicitors a copy, make sure you get Proof of Postage. - will do


Thanks so much for your help

a) 'last payment date December 2019 to Barclaycard, no payment or contact with LC Assett'

So it's not statute barred, but lets see what they send in way of documents.

b) do I need to send a letter also to fill out any forms, or just send the email?

Just send the email, you should get an automated acknowledgement of receipt.
Remember to send the creditors solicitor a copy of your defence and get Proof of Postage.

They have 28 days to respond to your defence, in that time you should get some docs from them.