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Claim form - help please!

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  • Claim form - help please!

    Very stressed and worried, please help! I have received a claim form today relating to an old debt. It’s from LC Asset 2 Sarl. However, it states that it’s a claim relating to a Barclaycard. I believe it is actually for a Barclays Bank loan (so unrelated as far as I can tell?). I’ll try to fill in as much info as I can below:

    Received a claim? Yes/No: Yes
    Issue Date: 24/08/23
    Have you Acknowledged the Claim?: Not yet
    Total Amount Claimed : £2100
    Claimant’s Name: LC Asset 2 Sarl
    Solicitors Firm: Kearns Solicitors
    Original Creditor: Barclaycard
    Original Debt (eg. Credit card/Loan/Overdraft) : Loan
    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): The claimant claims all sums due upon the termination of an agreement made between Barclaycard and the defendant in writing and opened XX/XX/2016. The agreement was terminated after the defendant had failed to comply with the term of the agreement and the default notice served upon them on XX/XX/2020. The agreement has been legally assigned to the claimant by way of deed of assignment with an effective date XX/XX/2022 and made regular upon the claimant serving a notice of assignment upon the defendant shortly thereafter.
    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Unsure
    List any letters you have sent (eg: CCA/ CPR ): unsure
    Any Other Information or Background Details:

    please can anyone help me to know if it’s worth fighting this based on the debt not being with Barclaycard? I have mental health issues and have no paperwork relating to this, my credit file shows the debt as a Barclays loan but just says “no data” when I try to view payment info. Thanks.
    Tags: None

  • #2
    Hi Spurs

    Welcome to LB

    Try not to stress yourself.


    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, but don't rely on them) 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) Send a 31.14 request to the
    Kearns 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/

    C) Send a CCA request to Barclaycard, 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/

    D) 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.


    When you get the information from the creditor etc, you'll be able to establish, what is what.


    Comment

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