Kearn's Solicitors vs Josh Smyth

[JoshSmyth08]

Thanks for getting back to me ECHAT11, I really do appreciate it as i'm completely in the dark here.

In response to your questions:

a. The default notice is in the pack and it was served under section 87(1) of the CCA 1974 on 13th December 2017. In the statement copies they sent me it has a total of a 6 month record there from 13th September 2017 to 13th March 2018 and in every single page of that statement it says "Payments towards your account: 0.00". The statements themselves look like they have been done in some sort of automated typing format and unlike the usual you would see but that could just be my naivety again.

b. No, they haven't provided any documents to list that the interest rate had gone up, only the initial agreement of 18.9%pa on a standard rate but then it also mentions in the same agreement that my interest rate for a simple standard rate is 20.54% per year (variable)?

c. Having read through this with and with an un-legal POV it seems that they haven't breached anything in there from what i've read. They have included in there a letter written to 'The Court Manager' where i can offer to pay the sum by monthly instalments of ..(with a blank box for me to write a figure) and 'consent to judgement being entered against me in these terms' and then 'any papers i filed in defence of the claim, i would request be withdrawn' and then of course a line for me to sign with my name printed below it.

I suppose in terms of responding to D that would mean going to court and fighting my defence of this, which is something i really don't want to do. I really can't afford to have a CCJ on my record as it would hinder me for a further 7 years and at my age that would be disastrous for credit years down the line.

So in your opinion and with your advice, do i agree to monthly payments (even though that in itself would also be a long and grueling endeavour) or do i believe that they don't really have a leg to stand on and wait for the 28 days to be up to see if they back of, or if i then receive this Court Directions Questionnaire?

I know it is ultimately down to my decision and as much as i do believe it has been over 6 years since a last payment was made to that account and no contact was made prior to the recent acknowledgement is it too late once those 28 days are up for me to agree to settle without that mark on my name then?

Please let me know from your wisdom and experience and sorry to be so naïve in this matter, i appreciate all of the help given.

Thank you!

[echat11]

Thanks for getting back to me ECHAT11, I really do appreciate it as i'm completely in the dark here.

In response to your questions:

a. The default notice is in the pack and it was served under section 87(1) of the CCA 1974 on 13th December 2017. In the statement copies they sent me it has a total of a 6 month record there from 13th September 2017 to 13th March 2018 and in every single page of that statement it says "Payments towards your account: 0.00". The statements themselves look like they have been done in some sort of automated typing format and unlike the usual you would see but that could just be my naivety again.

b. No, they haven't provided any documents to list that the interest rate had gone up, only the initial agreement of 18.9%pa on a standard rate but then it also mentions in the same agreement that my interest rate for a simple standard rate is 20.54% per year (variable)?

c. Having read through this with and with an un-legal POV it seems that they haven't breached anything in there from what i've read. They have included in there a letter written to 'The Court Manager' where i can offer to pay the sum by monthly instalments of ..(with a blank box for me to write a figure) and 'consent to judgement being entered against me in these terms' and then 'any papers i filed in defence of the claim, i would request be withdrawn' and then of course a line for me to sign with my name printed below it.

I suppose in terms of responding to D that would mean going to court and fighting my defence of this, which is something i really don't want to do. I really can't afford to have a CCJ on my record as it would hinder me for a further 7 years and at my age that would be disastrous for credit years down the line.

So in your opinion and with your advice, do i agree to monthly payments (even though that in itself would also be a long and grueling endeavour) or do i believe that they don't really have a leg to stand on and wait for the 28 days to be up to see if they back of, or if i then receive this Court Directions Questionnaire?

I know it is ultimately down to my decision and as much as i do believe it has been over 6 years since a last payment was made to that account and no contact was made prior to the recent acknowledgement is it too late once those 28 days are up for me to agree to settle without that mark on my name then?

Please let me know from your wisdom and experience and sorry to be so naïve in this matter, i appreciate all of the help given.

Thank you!

a. The default notice is in the pack and it was served under section 87(1) of the CCA 1974 on 13th December 2017. In the statement copies they sent me it has a total of a 6 month record there from 13th September 2017 to 13th March 2018 and in every single page of that statement it says "Payments towards your account: 0.00". The statements themselves look like they have been done in some sort of automated typing format and unlike the usual you would see but that could just be my naivety again.

Google Barclaycard Default Notice, click Image, that should bring up Default Notices you can compare.

b. No, they haven't provided any documents to list that the interest rate had gone up, only the initial agreement of 18.9%pa on a standard rate but then it also mentions in the same agreement that my interest rate for a simple standard rate is 20.54% per year (variable)?

That is something they should provide, if they don't they haven't complied to your request.

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

c. Having read through this with and with an un-legal POV it seems that they haven't breached anything in there from what i've read. They have included in there a letter written to 'The Court Manager' where i can offer to pay the sum by monthly instalments of ..(with a blank box for me to write a figure) and 'consent to judgement being entered against me in these terms' and then 'any papers i filed in defence of the claim, i would request be withdrawn' and then of course a line for me to sign with my name printed below it.

That's a standard letter, you are a long way off a CCJ, so no need to panic. What they are saying is that they provided the documents, which they haven't from what you say, so they've sent standard forms.

I suppose in terms of responding to D that would mean going to court and fighting my defence of this, which is something i really don't want to do. I really can't afford to have a CCJ on my record as it would hinder me for a further 7 years and at my age that would be disastrous for credit years down the line.

You are quite a long way from a Hearing, Directions Questionnaire, possible Mediation (negotiate a settlement), Witness Statements and eventually a Hearing. You can send 'Without Preduidce' letters to make offers to settle.

So in your opinion and with your advice, do i agree to monthly payments (even though that in itself would also be a long and grueling endeavour) or do i believe that they don't really have a leg to stand on and wait for the 28 days to be up to see if they back of, or if i then receive this Court Directions Questionnaire?

Wait to see what else they send. Wait for the Directions Questionnaire.

I know it is ultimately down to my decision and as much as i do believe it has been over 6 years since a last payment was made to that account and no contact was made prior to the recent acknowledgement is it too late once those 28 days are up for me to agree to settle without that mark on my name then?

The 28 days has no other significance they they have to respond to your Defence. As long as you are fully aware of up and coming events, then you can agree a decent settlement. Stay calm.

Please let me know from your wisdom and experience and sorry to be so naïve in this matter, i appreciate all of the help given.

[JoshSmyth08]

Thank you ECHAT11, your advice has certainly settled my nerves and has given me a bit more hope on the matter.

I have only just received the following response from the solicitors;

"We refer to the letter we sent to your with documents responding to your s77-76 request on the 22nd June 2023.

We are yet to have a response from yourself.

It is our client's consideration that they are the legal owners of the debt as recorded in the Notice of Assignment. Based on the documents provided above we invite you at this stage to complete, sign and return the enclosed proforma with an offer of repayment.

To avoid the need for further actions with the Courts and costs being added to your final balance please return the proforma to us in the next 30 days."

This was sent on the 21st July but i only received it yesterday. The proforma is obviously the same they sent before asking me to sign a document stating i will pay a figure of my choice monthly which obviously i am reluctant to do so. It is written as follows;

"Dear Sir,

it has been brought to my attention by the Claimant that i am indeed indebted to the Claimant for the monies claimed.

i would therefore wish to admit the claim in full, and consent to the Claimant being granted leave to request Judgement against me for the monies claimed.

I wish to withdraw the Defence filed and admit the claim in full. I offer to repay that sum by monthly instalments of £*BLANK* and consent to judgement being entered against me in these terms.

Any papers filed in my defence of the claim, I would request be withdrawn.

Yours faithfully,

*BLANK FOR MY SIGNATURE*"

From what you mentioned in the previous message, would it be wise to ask them for an updated document that states the increase in my interest rates as per my original request?

It seems that is another threat and they are trying to get the full amount from me still. So what would be your advice for the next course of action? Is it simply to send them a letter saying that they haven't provided the right documents in that I have no letters informing me of my interest increase and that they are required to do so?

I assume the directions questionnaire will come if/after they send these other documents?

Thank you again for all of your help i can't express how much i appreciate it!

[MIKE770]

Nice try they are panicking

[echat11]

What they have sent is a standard letter. What you could do is send the Court a letter stating that the claimant hasn't fulfilled you CCA request or just wait to see what the Court send you next.

[JoshSmyth08]

So guys after a couple of months I had heard nothing except for the same letter over 6-8 weeks ago (asking to settle the debt through monthly payments like before) so i assumed that they were giving up as they knew they were pulling a fast one and had no backing on their claim.

However, today i awoke to an email saying my Credit Report had changed. When i opened the app i see that 'A Chancellor will be added to your next report'.. Meaning obviously i have been served a CCJ which is exactly what i wanted to avoid.

There has been no correspondence since my CCA request.

I have had no 'Directions Questionnaire'..

No mention of witness statements, nor have i received a letter or any indication of a Hearing (Although i may get a letter this week as the email was only sent today)

This is obviously the worst case scenario for me as the reason why i got in touch with you guys was to ask advice and potentially avoid this happening, but unfortunately it is what it is and i'm still convinced they have no grounds for their claim.

What would be your suggestions guys? I really appreciate all of your advice this far but i'm now at my biggest crossroads yet as If i were to appeal and lose the court costs for their legal team in addition to the debt would set me back years and i would still have the CCJ on my record.

I have looked at the options online so i know the different course i can take but i wanted you, the expert's advice before i were to make any move.

Thanks again

[JoshSmyth08]

Another thing I have just found, is that it appears on my Credit report three times; The first that a 'Chancellor has been added', then removed, then added again.

It also states that i had a court date of 14-11-2023 which i had no knowledge of whatsoever. The case number that is written in this i searched on Justice.gov.uk and nothing was found.. Is there a better platform for me to check this out?

I feel there is really good grounds to appeal but i've been wrong before, please help if you can i would be very grateful!!

[echat11]

The Court would of sent a 'Directions Questionnaire', other orders, Hearing Date etc. Have you moved recently?

Also, you would have got Court documents for the CCJ. You should try to get hold of the CCJ documents as that will give you options available to you. You can make a payment arrangement with the creditor, but the clock is ticking on that.

[JoshSmyth08]

The Court would of sent a 'Directions Questionnaire', other orders, Hearing Date etc. Have you moved recently?

Also, you would have got Court documents for the CCJ. You should try to get hold of the CCJ documents as that will give you options available to you. You can make a payment arrangement with the creditor, but the clock is ticking on that.

Good morning ECHAT, thanks for getting back to me.

No I haven't moved and have received absolutely nothing. As you can imagine I have been checking all of my post like a mad man as I was awaiting these documents or any different correspondence but they have never arrived!! All I have to know that one has been issued to me was an update to my credit report, nothing else!

Is there another way to check the case number as I used justice.gov.uk and nothing came up..

Where would I get these CCJ documents?

Why has all of this been bypassed and I just receive this warning through my credit report, can I report that I have had no correspondence regarding the court case? I haven't had any chance to appeal or report on anything since the previous letter they sent that I informed you about.. This seems totally wrong..

It says on the credit report that the court date was the 14th November 2023 and I had absolutely no idea about any of it, surely this can't be the proper procedure for things like this?

[echat11]

Good morning ECHAT, thanks for getting back to me.

No I haven't moved and have received absolutely nothing. As you can imagine I have been checking all of my post like a mad man as I was awaiting these documents or any different correspondence but they have never arrived!! All I have to know that one has been issued to me was an update to my credit report, nothing else!

Is there another way to check the case number as I used justice.gov.uk and nothing came up..

Where would I get these CCJ documents?

Why has all of this been bypassed and I just receive this warning through my credit report, can I report that I have had no correspondence regarding the court case? I haven't had any chance to appeal or report on anything since the previous letter they sent that I informed you about.. This seems totally wrong..

It says on the credit report that the court date was the 14th November 2023 and I had absolutely no idea about any of it, surely this can't be the proper procedure for things like this?

Ring the Court, they should provide details and your options. Do it today, now.