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LC Asset 2 S.A.R.L money claim on unenforceable debt
Faye449
Posts: 176 Forumite
Good afternoon,
Trust everyone is well :-)
Question pls- I have received the attached Claim Form regarding a very old Barclays debt and wanted to double check what my response should be before I say the wrong thing.
In July 2022 I asked Link Financial to supply the original credit agreement and they confirmed that they were unable to do this in August 2022, (also attached) that they acknowledged the debt was unenforceable but they would continue to try and collect.
I stopped paying them immediately, have received various automated letters and texts asking for money over the years but have ignored them all.
My instinct is to respond to the money claim via the defence form and dispute it basically saying that its unenforceable as they are unable to comply etc but that seems too easy- am I walking into something I am unaware of?

Trust everyone is well :-)
Question pls- I have received the attached Claim Form regarding a very old Barclays debt and wanted to double check what my response should be before I say the wrong thing.
In July 2022 I asked Link Financial to supply the original credit agreement and they confirmed that they were unable to do this in August 2022, (also attached) that they acknowledged the debt was unenforceable but they would continue to try and collect.
I stopped paying them immediately, have received various automated letters and texts asking for money over the years but have ignored them all.
My instinct is to respond to the money claim via the defence form and dispute it basically saying that its unenforceable as they are unable to comply etc but that seems too easy- am I walking into something I am unaware of?

0
Comments
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Of course you must defend it.
Don't miss the timescales
It is deemed to be served 5 days after issue date and you must defend or acknowledge serivce (buying another 14 days) by 14 days after that
Template defence is
https://legalbeagles.info/library/guides_and_letters/court/example-defence-for-consumer-credit-court-claims/
You may need to register to see it3 -
Remember you are defending the legal position here, and you have a document sent by them saying the debt is unenforceable, and that should form your defence to the claim.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter1
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Thank you @fatbelly that template link is perfect, I'll respond online over the weekend.fatbelly said:Of course you must defend it.
Don't miss the timescales
It is deemed to be served 5 days after issue date and you must defend or acknowledge serivce (buying another 14 days) by 14 days after that
Template defence is
https://legalbeagles.info/library/guides_and_letters/court/example-defence-for-consumer-credit-court-claims/
You may need to register to see it0 -
Thanks @sourcratessourcrates said:Remember you are defending the legal position here, and you have a document sent by them saying the debt is unenforceable, and that should form your defence to the claim.
1
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