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My first post . please help if you can.
Hello.
Please take some time if you can to look at the situation i am in and perhaps offer some advice.
I have an old debt from a credit card company which has been bought and sold a few times and ended up with LInk on behalf of LC Asset 2 sarl
Link via kearns solicitors issues a money claim on 21.09.22 for
Amount claimed £10,900 ( £9020 balance + £1300 interest from 12/2020 + solicitor fee and court cost )
I responded acknowledgement of service to gain some time to think and then within the allowed time issued a defense
stating
link had not followed pre action protocol as no letter before claim issued , requested dismissal
claim is statute barred as no payment or acknowledgement for 6 years , requested dismissal
i stated i had no recollection of any default notice served and no recollection of ,or letter regarding the debt being re assigned
i request proof of the credit agreement , i.e a signed copy of the credit agreement
i requested proof of the amount claimed i.e a full statement of account showing all expenditures and interest.
link/kearns solicitors failed to respond to my defense at all.i.e no reply on money claim website within the limit to respond (28 days ?) Link updated my credit record with credit reference agencies with the full amount claimed within 2 weeks of them issuing the money claim. lowering my credit score .
so 4 months have passed since link/Kearns issued their money claim.
2 weeks ago on 1 feb i received a bundle of paperwork from link .it contained
cover letter
copy of default notice issued by credit card company march 2017 for £1400
copy of notice of assignment issued january 2021
copy of letter from credit card company dated 07.01.2021 saying account transferred 15.12.2020 to LC Asset 2 sarl
copy of statements
copy of terms and conditions
the copy of statements was not full or itemised just a monthly balance summary showing very little of the claimed expenditures or interest. i have no idea if the balance claimed for is correct or accurate.
the copy of terms and conditions was not signed . so i have no idea if this was an agreement i signed up to.
link/kearns did not respond to my contention that they failed to follow pre action protocol by failing to issue a letter before claim.Link/kearns did not send any copy of letter before claim or documentation to show that they issued a correct letter before claim.
cover letter from kearns solicitors stating.
"it is their clients consideration that they are the legal owners of the debt as recorded in the notice of assignment and previous correspondence.your defence states that the claim is statute barred however from the default notice and Notice of assignment and previous correspondence .All being supplied to the current address ,with no returned mail in the correct time frame,resulting in the claim not being statute barred.
we invite you at this stage to complete ,sign and return the enclosed proforma."
Should we not hear from you in 21 days we shall consider whether further court action is required."
on 07.02.23 i receive a letter from LInk dated 12.12.2022 statement of account.i kept the letter it came in. why this letter took 2 months to get to my door step is a mystery. i think they have incorrect date on their letterhead.
i have not responded to either letter.
My questions
As kearns did not respond to my defence in time can i get the claim struck out ? how would i go about doing this? is it a good or bad idea to take this route.?
The copy of the default notice dated march 2017 states £1400 not the £9000 claimed as the debt.. How would this error on the default notice effect my case ?
As kearns failed to respond to my claim that they failed to follow pre action protocol re : they did not issue a letter before claim ,they did not issue any documentation amounting to a letter before claim and have provided no evidence or copy of any documents regarding letter before claim pre action protocols. can i and/or should i ask the court to dismiss the claim for this reason, how would i go about doing this. ?
Kearns have loaded the claim with nearly £2000 of costs and interest. £500 for court costs and £200 solicitors costs and £1300 interest. As kearns failed to respond to my defence , how do i get their costs and court fees removed from the debt and my credit record ?
i believe that Link/Kearns haven't proven the debt or provided any copy of alleged credit agreement.
Lots of questions.here to think about and i don't really know what to do next. . thank you for taking the time to read through to this point.
