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County court claim- 3rd time posting/ unsure if Im doing it correctly 🫣

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  • County court claim- 3rd time posting/ unsure if Im doing it correctly 🫣

    Hi could anyone please offer some advice? I have received a claim through the post and have completed the AOS online. I have no idea what this debt is at is dated 2012 but the original creditor isn’t named.
    Any advice on next steps greatly appreciated as I have entered panic mode!!
    Thank you
    Received a claim? Yes
    Issue Date: 26/6/24
    Have you Acknowledged the Claim?: Yes (online)
    Total Amount Claimed : £6,000

    Claimant’s Name: LC ASSET 2 S.A R.L.
    Solicitors Firm: Kearns Solicitors
    Original Creditor: ???
    Original Debt: Reference number provided but no idea!!!
    Particulars of Claim: The following is written:
    The Claimant ('C' claims the whole of the outstanding balance due and payable under an agreement referenced
    (REFERENCE NUMBER PROVIDED ON THE LETTER) opened on or around the17/05/2012. 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 31/07/2014 a default was recorded. The benefit of the debt was originally assigned to Intrum UK Finance Limited then legally assigned to C effective 05/01/2023 and made regular upon C serving a Notice of Assignment upon D shortly thereafter. And C claims- 1. 5,137.24 2.
    Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from 05/01/2023 to 27/06/2024 of 557.63 and thereafter at a daily rate of 1.09 to date of judgment or sooner payment. Date
    27/06/2024
    Any Other Information or Background Details:
    Other than the information provided to me in the letter, I have no further details. I have no recollection of this debt and the original 2012 creditor isn’t named.
    Tags: None

  • #2
    Hi Kanaga86

    Welcome to LB


    Sorry you've been missed.

    a) First Acknowledge Service of 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 - YOU'VE DONE THIS.

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

    b) Send a SAR request to LC ASSET 2 S.A R.L., they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage. You don't know who the Creditor is, so hopefully they will pass it on.

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

    c) Send a CCA request to LC ASSET 2 S.A R.L, 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 CPR 31.14 request to Kearns, 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/

    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.

    Comment


    • #3
      Thank you so much echat11. Having read previous posts I have acknowledged the claim and have a CCA and CPR 31.14 typed out ready to go but I will also do a SAR.

      I will post 5 days before defence date. Thanks so much for your help I really am panicking about this

      Comment


      • #4
        The CPR31.14 request should be sent ASAP after receipt of claim

        Comment


        • #5
          Originally posted by des8 View Post
          The CPR31.14 request should be sent ASAP after receipt of claim
          I think you've misunderstood the OP's post, he / she is referring to 'If you can post on the thread 5 days before it's due we can help with your Defence.' not when to post the CPR.

          Comment


          • #6
            Thought post was ambiguous, so jumped in with both feet first before reading your post properly

            Comment


            • #7
              Originally posted by des8 View Post
              Thought post was ambiguous, so jumped in with both feet first before reading your post properly
              That's o.k.

              Comment


              • #8
                Originally posted by echat11 View Post

                I think you've misunderstood the OP's post, he / she is referring to 'If you can post on the thread 5 days before it's due we can help with your Defence.' not when to post the CPR.
                Hi des8 yes, sorry, I meant I will post on here. Sorry, my head is all over the place so I can see how that would be misinterpreted. Thank you so much for your help also. I really appreciate this forum

                Comment


                • #9
                  Good morning I have received a “statement of account” from Link Financial Outsourcing LTD for LC Asset 2 S.a.r.l.

                  I am very confused as this seems to be a statement of arrears and states the agreement originated by: Intrum UK finance limited.

                  The account number is the same but the amounts are slightly different and yet another company I have never heard of. I am unsure if they are all connected?

                  The letter is just advising to contact them to discuss the account or retain for my records.

                  Is this letter in response to the CCA request/ CPR 31.14/ SAR that I have sent?

                  Any help greatly appreciated as I am way out of my depth with this and still no clue what this alleged debt is despite hours of googling the companies.

                  Many thanks

                  Comment


                  • #10
                    Originally posted by Kanga86 View Post
                    Good morning I have received a “statement of account” from Link Financial Outsourcing LTD for LC Asset 2 S.a.r.l.

                    I am very confused as this seems to be a statement of arrears and states the agreement originated by: Intrum UK finance limited.

                    The account number is the same but the amounts are slightly different and yet another company I have never heard of. I am unsure if they are all connected?

                    The letter is just advising to contact them to discuss the account or retain for my records.

                    Is this letter in response to the CCA request/ CPR 31.14/ SAR that I have sent?

                    Any help greatly appreciated as I am way out of my depth with this and still no clue what this alleged debt is despite hours of googling the companies.

                    Many thanks
                    The following is the original Creditor - Intrum UK finance limited.

                    The Statement of Account doesn't really address your request for the following: 'CCA request/ CPR 31.14/ SAR'

                    See what else they send, but remember a Defence has to be lodged with the Court.

                    Comment


                    • #11
                      Thank you echat11 . I’ve googled Intrum UK and it seems they are a debt collection company. Still none the wiser as the date it says on the Court order for the original debt (“taken on or around 17/5/12”) was 2 weeks before I left the country as I went backpacking… it all seems really suspicious… My defence is due on the 24th (thats the 28th day) so have put a note on my calendar to post on here on the 18th (5 days before). I really appreciate your help

                      Comment


                      • #12
                        Originally posted by echat11 View Post

                        The following is the original Creditor - Intrum UK finance limited.

                        The Statement of Account doesn't really address your request for the following: 'CCA request/ CPR 31.14/ SAR'

                        See what else they send, but remember a Defence has to be lodged with the Court.
                        The following is incorrect, 'The following is the original Creditor - Intrum UK finance limited.'
                        It's likely to be a retailer lie JD Williams, Shop Direct etc. It's odd that they've even mentioned Intrum UK finance limited (debt collector) in the Particulars of Claim and not the original creditor.

                        Update thread when Defence is due.

                        Comment


                        • #13
                          Good morning, my defence is due on the 24th but I wasnt sure if the 5 days included weekends or not so today is 5 working days before my defence is due.

                          I havent received anything else other than the “statement of account” as mentioned the other day.

                          Many thanks for any advice on next steps

                          Comment


                          • #14
                            Originally posted by Kanga86 View Post
                            Good morning, my defence is due on the 24th but I wasnt sure if the 5 days included weekends or not so today is 5 working days before my defence is due.

                            I havent received anything else other than the “statement of account” as mentioned the other day.

                            Many thanks for any advice on next steps
                            Yes, includes weekends.

                            Comment


                            • #15
                              Great, thank you! So tomorrow will be 5 days before defence is due.

                              Comment

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