LC Asset 2 S.A.R.L money claim on unenforceable debt

Faye449

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?

fatbelly

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 it

sourcrates

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.

Faye449

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 it

Thank you @fatbelly that template link is perfect, I'll respond online over the weekend.

Faye449

sourcrates 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.

Thanks @sourcrates

Faye449

You won't believe this…. They've only gone and found the documents. Or what I believe are the documents.

I have:

• Egg card agreement signed by myself dated 9/12/2002
• 2 copies of the consumer credit act 1974 (just like supplied Ts and Cs, theres nothing signed or any signature boxes on it)
• letter advising assignment to LC Asset 2 Sarl dated 2nd December 2021.

Now what? Theres no call to action on the letter other than the usual 'contact us'

IMG_6300.jpeg

sourcrates

Oh dear, what`s the current state of play with the money claim?

Looks like you might have to do a deal, would a CCJ be of any detriment to you?

Faye449

https://forums.moneysavingexpert.com/discussion/comment/81907800#Comment_81907800

Thanks Sourcrates.

I've not heard anything about the money claim, this is the first thing I've received since I sent the letter on 12th December. Presumably there is no time limit that I should have received the documentation by or anything helpful like that?

I could really do without a CCJ. I lost my job in Finance back in October so if I try to get back into the industry when the current state of the job market calms down I won't be able to, but at the same time I'm unemployed and can't afford to pay them anything.

sourcrates

If you get any further contact, make sure they know your unemployed, its unlikely they will pursue a claim with little or no chance of getting a payday.

Faye449

https://forums.moneysavingexpert.com/discussion/comment/81907838#Comment_81907838

Will do. Assume I sit and wait it out now, see if I hear anything back from the court?

sourcrates

I would say so, as the ball is in their court at present.