County Court Claim

[Mercades]

Hello, Just posting as advised, I have commenced proceedings and have sent the acknowledgement of services and letters as advised. Please see information attached just in case I require any help from you lovely folks going forward.

Received a claim? Yes
Issue Date: 30/11/2023
Have you Acknowledged the Claim: Yes
Total Amount Claimed : £8500
Claimant’s Name: LC ASSET 2 S.A.R.L
Solicitors Firm: Kearns Solicitors
Original Creditor: Barclays
Original Debt Credit Card

Particulars of Claim:

The C claims the whole of the outstanding balance due and payable under an agreement referenced and opened effective from 20/01/2014. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the 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 27/05/2021 a default was recorded. As at 29/11/2022 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 29/11/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter. And C claims XXXX Interest pursuant to Section 69 County

Courts Act 1984 at a rate of 8 % per annum from 29/11/2022 to 30/11/2023 XXX and thereafter at a daily rate of 1.56 to date of judgment or sooner payment. Date 30/11/2023

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): YES contact with the creditor, last contact was 2021, if i recall correctly.
List any letters you have sent CCA Request Letter, CPR 31.14 Request Letter, Subject Access Request Letter

Any Other Information or Background Details:
No other details at present

[echat11]

Hi Mercedes

Welcome to LB


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. Do not forget.

Update the thread when you get the requested information, but 5 days before your Defence is due.

E) Have you made a payment in the last 6 years or acknowledged the debt in writing in the last 6 years?
If the answer is 'no' then the debt might be statute barred.

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): YES contact with the creditor, last contact was 2021, if i recall correctly.

[Mercades]

Hi ECHAT11

Thanks so much for the information. When you "Send a 31.14 request to the Kearns Solicitors on the claim form, they have 7 days to respond after receipt of letter" in particular the 'on the claims form' part, what exactly does this mean? I was under the impression that the 31.14 was in the form of letter requesting the documents. This is what i have already sent. If i do not receive the documents before the 7 day after receipt deadline, can i request a strike out order?

[echat11]

a) 'I was under the impression that the 31.14 was in the form of letter requesting the documents. This is what i have already sent.'

That is correct. It's good you have sent it.

b) 'If i do not receive the documents before the 7 day after receipt deadline, can i request a strike out order?'

No. You need to put that in your Defence. That the documents have been requested via 31.14 request, but that the claimant's solicitor has not complied with your request.

[Mercades]

a) 'I was under the impression that the 31.14 was in the form of letter requesting the documents. This is what i have already sent.'

That is correct. It's good you have sent it.

b) 'If i do not receive the documents before the 7 day after receipt deadline, can i request a strike out order?'

No. You need to put that in your Defence. That the documents have been requested via 31.14 request, but that the claimant's solicitor has not complied with your request.

Okay Great, so i shall confirmed the date my letter was received via Royal and if I do not receive them i can add that to my defence. Can my defence actually be that I have not received the document, cant prepare my defence and or request it be struck out on this basis?

[echat11]

This is an example defence, you can start looking and working on your defence. It answers your previous question. Don't send it off.

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

[Mercades]

This is an example defence, you can start looking and working on your defence. It answers your previous question. Don't send it off.

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

I just realised that I forgot to send the £1 fee, after reading the defence link you sent i noted the £1 fee when requesting the original agreement. Which i completely forgot to send, how could I be so forgetful with something so important. Will this jeopardise my case and could I send the letter again but with the fee??

[echat11]

I just realised that I forgot to send the £1 fee, after reading the defence link you sent i noted the £1 fee when requesting the original agreement. Which i completely forgot to send, how could I be so forgetful with something so important. Will this jeopardise my case and could I send the letter again but with the fee??

It's fine, just send the fee with a covering letter, but also include a copy of the original CCA request, just in case they have misplaced it.

So you are sending covering letter, copy of CCA that was sent and fee.

[Mercades]

It's fine, just send the fee with a covering letter, but also include a copy of the original CCA request, just in case they have misplaced it.

So you are sending covering letter, copy of CCA that was sent and fee.

Fantastic, All Done.

I take it, if I do not receive any of the documents by the time I send in my defence, I can refer to the link (defences) that you sent above.

[echat11]

Fantastic, All Done.

I take it, if I do not receive any of the documents by the time I send in my defence, I can refer to the link (defences) that you sent above.

A week before your defence is due, have a go at your defence, copy and paste it back onto this thread without personal details, I can take a look and make corrections.

[Mercades]

A week before your defence is due, have a go at your defence, copy and paste it back onto this thread without personal details, I can take a look and make corrections.

Thanks SO much. I shall start drafting and post next week.

[Mercades]

Can I also confirm the following: I have requested the agreement from the C but i have noted that the claim form states that their solicitors address should be used for sending documents and payment. Should I therefore send the £1 statutory fee to the solicitor for the requested documents as opposed to the C. I have already posted my letter but i omitted to send the £1, should I now just send this to the solicitors?

[echat11]

Can I also confirm the following: I have requested the agreement from the C but i have noted that the claim form states that their solicitors address should be used for sending documents and payment. Should I therefore send the £1 statutory fee to the solicitor for the requested documents as opposed to the C. I have already posted my letter but i omitted to send the £1, should I now just send this to the solicitors?

Just resend a copy of the request and the £1 fee to Cabot again.

All other documents go to the solicitors.

[Mercades]

A week before your defence is due, have a go at your defence, copy and paste it back onto this thread without personal details, I can take a look and make corrections.

Hi There, Using the link you provided for the defence, Please find it enclosed. The date on the Claim form is 30/11/23, i sent my acknowledgement of service on 5/12 Am I right in saying that the defence would be due on 2/1/24- 14 + 14 + 5. I aim to send it before the end of the year but do I have to give the C enough time to provide the documents? I would like to send the defence on 28th December:


1.The Defendant received the claim XXXXXXXXX from the Northampton County Court on XXXXXXXXX

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. This claim relates to 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 Claimants Particulars of Claim states the agreement was entered into on XXXXXXXXX

7. The Claimants statement of case states that the account was assigned from Barclaycard to LC ASSET SARL on XXXXXXXXX. 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 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 XXXXXXXX The Defendant sent a request for inspection of documents mentioned, in the claimants’ particulars of claim, pursuant to the Civil Procedure Rule 31.14- to Kearns Solicitors. Defendant 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 XXXXXXXX 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 and therefore 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.

[echat11]

Post an update on this thread on the 28th Dec, then I can take a look at the Defence.

You can email it to the Court, the email address for the Court is ccbcaq@justice.gov.uk or you can file it with the Court through MCOL, you will get an automatic acknowledgement of receipt, which ever way you decide to file it, but do it now.

If you email it, in the 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 when you get back, make sure you get Proof of Postage.