Lc asset 2 claim form for statute barred debt

[Star45]

Received a claim? Yes/No: yes
Issue Date: 14th may 2024
Have you Acknowledged the Claim?: not yet
Total Amount Claimed : £2800
Claimant’s Name:LC asset 2 s.a.r.l
Solicitors Firm: kearns solicitors
Original Creditor:Intrum Uk finance (original debt Halifax)
Original Debt (eg. Credit card/Loan/Overdraft) :overdraft
Particulars of Claim: The claimant claims the whole of the outstanding balance due and payable under the terms of a regulated overdraft agreement referenced ******* opened on or around 10/08/1995. The defendant failed to make payment as required or to comply with demands and by 07/08/2012 a default was recorded. As at 05/01/2023 the defendant owed Intum Uk finance limited the sum of £***. The benefit of the debt was originally assigned to auntie Uk finance limited then legally assigned to the claimant effective of 5/01/2023 and a notice of assignment was served upon the defendant shortly thereafter. And the Claimant claims 1. 2**** interest pursuant to section 69 county courts act 1984 at a rate of 8% per annum from 05/01/2023 to 14/05/2024 of ***.** and thereafter at a daily rate of 0.49 to date of judgment or sooner payment.Date 14/05/2024
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): yes
List any letters you have sent (eg: CCA/ CPR ): none
Any Other Information or Background Details: I’ve received a few debt collection letters from them over last couple of years but have stupidly ignored them as knew the debt was statutory barred and just though they were trying there luck. I now have no idea what I need to write or to and finding all the information very confusing.

[echat11]

Hi STAR 45

Welcome to LB

Has a payment been made in the last 6 years?

Has the debt been acknowledged in writing in the last 6 years?

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.

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

b) Send a SAR request to Halifax, 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 LC asset 2 s.a.r.l a letter requesting they provide a copy of the Terms and conditions. Make sure you get Proof of Postage.

d) Send a CPR 31.14 request to kearns 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/

Remove all the stuff that relates to CCA 1974.

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. If you can post on the thread 5 days before it's due we can help with your Defence.

[Star45]

I’ve not paid anything to it since before it was defaulted and I’ve not acknowledged any of the letters received

[echat11]

I’ve not paid anything to it since before it was defaulted and I’ve not acknowledged any of the letters received

Do a, b, c, and d in post 2.

e) 5 days before your defence is due.

[Star45]

I have a few questions if anyone can help with advice that would be great:

would it be a bad idea to offer them 10% of the amount as final settlement to not go to court? Are they likely to accept this?

An I likely to win and not get a ccj? I need to avoid this as we would possibly be looking to get a joint mortgage in next 3-5 yrs.

If I admit guilt even though it way over statutory Barred time and offer a very low monthly payment on the claim form does it still go to court and receive a ccj or go on my credit file? Are they likely to accept a £10 month if so? If they don’t what happens?

I really don’t understand where I stand legally and this has spiked my anxiety ,I don’t work as I’m my disabled sons main carer ( I receive carers allowance for this) and my husbands self employed if that makes any difference.

[echat11]

a) would it be a bad idea to offer them 10% of the amount as final settlement to not go to court? Are they likely to accept this?

You really need to calm down, your regaining control of the situation. On the basis they've made a claim - No.
But Courts like parties to settle matters. So you'll be in a better position to negotiate once you've filed your defence.

b) An I likely to win and not get a ccj? I need to avoid this as we would possibly be looking to get a joint mortgage in next 3-5 yrs.

You only get a CCJ if you ignore a Judgement, you are a long way off that.

c) If I admit guilt even though it way over statutory Barred time and offer a very low monthly payment on the claim form does it still go to court and receive a ccj or go on my credit file? Are they likely to accept a £10 month if so? If they don’t what happens?

A Court will only ask you to pay what you can afford, so after filling in an I & f, if you are left with £1 a month, then that is what you will be asked to pay.

d) I really don’t understand where I stand legally and this has spiked my anxiety ,I don’t work as I’m my disabled sons main carer ( I receive carers allowance for this) and my husbands self employed if that makes any difference.

You've answered your own question, you are saying 'it's statute barred', if the facts confirm that, then they will have to withdraw the claim. Which is why you need to file your Defence, see what their response is, then reassess your position.

[Star45]

Do I tick the “I intend to contest jurisdiction” ? I’m not sure what this means

[echat11]

Do I tick the “I intend to contest jurisdiction” ? I’m not sure what this means

No, you aren't contesting 'Jurisdiction'.

https://assets.publishing.service.go...user-guide.pdf

[Star45]

Could you possible please help with the wording for C? Also Lc asset aren’t based in the Uk so will this affect the case as it may not get to them within the 28 days .

[echat11]

Could you possible please help with the wording for C? Also Lc asset aren’t based in the Uk so will this affect the case as it may not get to them within the 28 days .

You really need to decide what you want to do, C) is just answering your question because you asked, C) isn't something you have to do at this stage. I say this because you are saying it's statute barred.

[Star45]

c) Send LC asset 2 s.a.r.l a letter requesting they provide a copy of the Terms and conditions. Make sure you get Proof of Postage.

I meant how to word the letter for this C answer please

[echat11]

Send it to their solicitors, they can fax it to LC asset 2 s.a.r.l a., just put L.C.asset 2 s.a.r.l.a name and address on the letter.

Dear Sir / Madam,

You state that I had an overdraft with Halifax under account number XXXXXX, can you kindly provide
all the Terms and Conditions from the inception of the overdraft.

I look forward to hearing from you.

Yours faithfully

XXXXX XXXXXXX

[Star45]

Thankyou that was very helpful.

do I need all of the replies to the letters sent to put my defence together? I will need to do it early as we are away when the 28 days are up.

[echat11]

Thankyou that was very helpful.

do I need all of the replies to the letters sent to put my defence together? I will need to do it early as we are away when the 28 days are up.

No, the important thing is to get your Defence in on time. You aren't worrying, you know it's done You have some control over the process.

[Star45]

The only reply I have received is from the solicitors saying they’ve asked LC asset for the information I asked for and will get back to me. I need to put a defence in in the next day or so as leave to go on holiday on Friday . Would I be able to get some help with it please?