COURTCLAIMS Help please 🙏

[Keena32]

Good morning, I am in desperation and on behalf of my partner have signed up here looking for help. Partner has a debt back 2020 from the bank, I think Halifax. It’s for a loan and an overdraft about £3k. Debt was passed onto LC assets and has now gone to Kearns and a letter from Northampton court was sent over. Stupidly binned the letter and Kearns have sent him a message warning to get in touch to avoid legal action being taken, so clearly they mean business. Please help us, we are both clueless in what to do here and he’s buried his head in the sand over this debt and now it serious.

[atticus]

That letter from the court was probably a Claim Form, starting a court case. Binning it was foolish.

Get debt advice from CAB or Stepchange immediately.

[Keena32]

Yes I understand this. Should he contact Kearns or the debt advice agencies ?

[atticus]

start by getting advice. In whose interests do you think the claimant's lawyers act?

[Keena32]

Important message we have not received a response to our recent Letter of Claim sent prior to the issue of Court proceedings against you in connection with your account with LC Asset 2 S.a r.l. Please contact us urgently on 02920 808668 quoting your reference XXXXXXX so that we can help stop action being taken against you.

This was sent by text message yesterday

[JK2054]

ok so what you do is ring that number.
you ask them if a claim has been issued against you.
if they say yes you ask for the claim number and ask them to confirm it in writing
if they say no you ask for it in writing to confirm that no claim was issued


if yes:
you call the CNBC and ask for copies of the claim form, you have to pay £11 for this.

then you see if you have time to AOS or defend. IF yes then you do it right away. If no then you ask for a consent order.

[atticus]

You may wish to explain to the OP what the CNBC is, what AOS means and also what a consent order is and who to ask.

[Keena32]

Thank you JK2054 for your advice. CNBC is this the civil national business centre ? I have also googled consent order and would this be between my partner and Kearnes or the court. Who would authorise how much the payment plan would be? I have no idea was AOS means.

I am certain we are extremely near to the deadline and by the time CNBC send forms time is up! Who would I ask for a consent order ?

Thank you all for being patient as I am very much out of my depth here and this is all new language to me

[JK2054]

Yes sorry, i was a bit brief for someone who is in this situation, my apologies.

So, CNBC is the Civil Nationall Business Centre
AOS = Acknowledgemnet of service
Consent order = An agreement between parties

So what you need to do tomorrow morning is call whoever sent you that message saying to contact them to avoid further proceedings yada yada ya and ask them the questions in my post above.

If they say yes proceedings were issued, ask for the claim number. Get them to put this in an email to you as well.

If they say no, get them to send a letter to your house confirming that proceedings were not issued.

If they have said yes, once you've finished with them call the CNBC, and ask them for the claim form to be emailed to you. You will need to pay £11 or something like that. This whole process will take 2-3 hours, but the majority will be on hold, so you can do other work/tasks whilst you wait on hold.

Once you have done the above, come back here immediately and tell us the outcome, so we can advise further. Do not wait days to tell us inbetween things.

[Keena32]

Fantastic. I will report back tomorrow once the phone call has been made. Thank you