Kearn's Solicitors vs Josh Smyth

[JoshSmyth08]

Hi Guys, hope you are all well.

I received a County Court Claim on the 7th April saying that i owed just over £3000 to a Barclaycard credit card that I maxed almost 7 years ago. I am about 80-90% sure that they haven't got a leg to stand on and I made a final payment to them over 6 years ago, but as it has been so long i have no evidence of that any more and can't find the old bank statements.

The claimant is Kearn's solicitors on behalf of a company in Luxembourg, L.L.C Assets or the like.

After following advice on here i went onto moneyclaim.go.uk and acknowledged the claim on there. I then sent a CCA Request again following your guidance and have received the following letter on the 20th April 2023;

EDIT: I also sent the CPR 31.14 to the same solicitors at the same time as the CCA

******************

"We write further to our correspondence dated the 10/04/2023, received 13/04/2023.

To provide these documents requested we require time to acquire, compile papers and forward them to you.

We confirm that a hold has been placed on the account and no default judgement shall be requested within fourteen days of the date the documents are provided.

We do not consider it necessary to file an application seeking time to provide documents, though if you require such please confirm and we shall do so (though an order may be sought for costs for that).

If you wish to discuss, please contact the address at the top of the page or alternatively speak to a litigation officer on XXXXX XXXXXX who will be happy to assist you."

****************

I am unsure about what to do next and i am just posting to request some advice on which action i should now take, legal stuff really isn't my strong suit

I hope someone could point me in the right direction as i really want to avoid having a CCJ filed against me.

Many thanks,

Josh

[Manxman]

You might want to redact your name, if it's your real name?

Or you may not be bothered...

[atticus]

The solicitor is not the claimant.

[echat11]

a) Acknowledge of Service online via MCOL - you've done this.

b) Send a CCA request, 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/

c) Send a SAR request, they have 30 days to provide all the data on the account, over a 6 year period. Make sure you get Proof of Postage.

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

d) Send a cpr 31.14 request, they have 7 days to respond, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

e) Amend the example defence below, you can use MCOL to file your defence, you already have some details.

https://legalbeagles.info/library/gu...-court-claims/

As you've Acknowledged of Service within 14 days of the date on the Claim form, you get an extra 14 days (plus 5 days postal). So work out 28 days from the date on the claim form, that's when your Defence needs to be lodged with the Court, note it down in your diary. Update the thread 4 days before it's due (they've given you an extension which will be reflected in your defence).

[echat11]

Can you fill in the following, copy and paste it back onto the thread, without personal details.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

[JoshSmyth08]

Received a claim? Yes/No: Yes
Issue Date:28 Mar 2023
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £3600
Claimant’s Name: LC ASSET 2 S.A.R.L
Solicitors Firm: KEARNS SOLICTIORS
Original Creditor: Barclaycard
Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card
Particulars of Claim: The claimant claims the whole of the outstanding balance due and payable under an agreement referenced XXXX and opened effective on 18/03/2013. The agreement is regulated by CCA was signed by defendant bla bla bla. Failed to comply with a default notice to s87 CCA on XX/XX/2018 a default was recorded. in XX/XX/2021 the defendant owed barclaycard the sum of XXXX by an agreement in writing the benefit of the debt has been legally assigned to the claimant on xx/xx/2021 and made regular upon claimant etc etc
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No none whatsoever
List any letters you have sent (eg: CCA/ CPR ): CCA to LC ASSET S.A.R.L in Luxembourg and to Kearns solicitors, only the CPR to Kearns solicitors
Any Other Information or Background Details: Nope

[echat11]

Received a claim? Yes/No: Yes
Issue Date:28 Mar 2023
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £3600
Claimant’s Name: LC ASSET 2 S.A.R.L
Solicitors Firm: KEARNS SOLICTIORS
Original Creditor: Barclaycard
Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card
Particulars of Claim: The claimant claims the whole of the outstanding balance due and payable under an agreement referenced XXXX and opened effective on 18/03/2013. The agreement is regulated by CCA was signed by defendant bla bla bla. Failed to comply with a default notice to s87 CCA on XX/XX/2018 a default was recorded. in XX/XX/2021 the defendant owed barclaycard the sum of XXXX by an agreement in writing the benefit of the debt has been legally assigned to the claimant on xx/xx/2021 and made regular upon claimant etc etc
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No none whatsoever
List any letters you have sent (eg: CCA/ CPR ): CCA to LC ASSET S.A.R.L in Luxembourg and to Kearns solicitors, only the CPR to Kearns solicitors
Any Other Information or Background Details: Nope

There is always background information.

[JoshSmyth08]

There is always background information.

Not in the claim form? Sorry i can't think of anything else..?

[echat11]

Not in the claim form? Sorry i can't think of anything else..?

People put down how the debt came into being, lost job, health reasons etc.
Circumstances prior to the claim etc. Any other relevant stuff.

[JoshSmyth08]

People put down how the debt came into being, lost job, health reasons etc.
Circumstances prior to the claim etc. Any other relevant stuff.

Oh sorry, yeah i lost a job originally and then i was moving around, relocated 50 miles away and also struggled for work there for a couple years and then eventually moved to Holland where i worked but i barely had enough money to live. Then i was just travelling around volunteering for food and accommodation and only returned back to the UK in the last couple of years. Not your typical story i can imagine but once i started missing payments without a proper career it was hard to claw back.

[echat11]

You don't have to do anything until, they send you the information you requested, but bear in mind, that once they do, you need to lodge your defence with the Court against their claim, they've given you 14 days to do that.

[JoshSmyth08]

You don't have to do anything until, they send you the information you requested, but bear in mind, that once they do, you need to lodge your defence with the Court against their claim, they've given you 14 days to do that.

Thank you!! I will do that as soon as the documents have arrived. Is there anything else to look out for/do? I assume some times they aren't able to get said documents? Is there a time limit in which they have to get the documents to me or not?

[echat11]

Thank you!! I will do that as soon as the documents have arrived. Is there anything else to look out for/do? I assume some times they aren't able to get said documents? Is there a time limit in which they have to get the documents to me or not?

You need to wait and see what documents they send, there's no point in speculating, they've extended the period for you to submit your defence, so time limits become irrelevant regards the supply of documents.

[JoshSmyth08]

Hi Guys,

It's taken a while but they finally replied to me!

They sent me my statements and documents that aren't the originals but photocopies, such as the credit card terms and conditions and credit card agreement without my signature or anything at the bottom, it looks generic. They have also included a photocopy of a default notice sent to me on the 13th December 2017 from ****card and then the letter of transfer of the amount to the debt agency on 8th December 2021 informing me they are transferring over the debt.

Then all there is from then is a few badly copied documents from my statements for the credit card which details since September 2017 i made no payments with the card as it shows and until the date of 13th Feb 2018 it was nothing but charges and incurring interest from missed payments.

I'm pretty sure i didn't pay anything from 2015/2016 on that particular card. They haven't sent me the original contract with my signature or anything of the like and have offered me a payment plan before going ahead with the CCJ to which i can choose my monthly payments which i think is odd.

Here is what the basic jist of the first page is;

"We write in relation to the above on behalf of the claimant.

The claimant relates to monies that remain unpaid under a Credit Card Agreement that was opened with Barclaycard on 18/03/2013. As a result of your default, ****card assigned the debt to ******* on 29/11/2021and you were notified of the agreement in writing on 08/12/2021.

Following the assingment, our client attempted to contact you both by letter and telephone but we received no response and were instructed to commence legal proceedings on their behalf.

We acknowledge the receipt of your CPR 31.14 request dated 10/04/2023. In compliance with your CPR 31.14 request, please find enclosed:

- A copy of the reconstituted Credit Agreement along with the T&C
- A copy of the default notice
- the copies of Notices of Assignment
- A copy of the Statements"

They then go on to offer me a settlement instead of a court hearing if i fill out a proforma (which is just one page asking how much i want to pay monthly and a box for me to sign) or within 28 days of the receipt of the letter then they would continue to trial and charge for additional costs etc.

If anyone could please advise me what to do next i would be extermely grateful, I really feel like they are trying their luck but if i am wrong then it's something i can't ignore as i really can't afford to have a CCJ against me.

Thank you very much !

[echat11]

a) You say the following 'I'm pretty sure i didn't pay anything from 2015/2016 on that particular card', but why did it take them that long to default the account? normally they do it after 3 missed payments.

b) No doubt the interest rate has been 'varied' on the account, the APR has gone from 22% to 25%, have they provided the 'varied' agreements?

c) have a read of the following: https://www.handbook.fca.org.uk/hand...ate=2016-03-07

d) The next thing that will happen is that the Court will send you a Directions Questionnaire.