Kearns Solicitors/Statute Barred Dates

[Cherry2323]

Advice needed, I'm willing to defend this but I need some advice with conflicting dates of payments, if any has any experience I'd really appreciate it.

I received a 'Letter of Claim' from Kearns Solicitors for a loan I originally had from Lloyd's in 2012. I stopped paying and the account was referred to collections etc and the account defaulted in 2015.

From my records I can see that Link Financial were then assigned the account and they appointed Wescott to manage the account. I set up a payment plan with Wescott and was paying this until 2021 when I decided to approach Lloyd's for irresponsible lending. I followed the process but because it was too long ago I was told by Lloyd's they wouldn't look into it. During this I also requested Data Subject Access and asked for Wescott to return the account back to client which was Link Financial.

I then continued to receive a 6 monthly notice of sum of arrears letter from Link Financial.
Then in February 2025 Link Financial sent me a do not ignore letter explaining they'd tried to contact me previously regarding my account that was sold to LC Asset Sarl on 29/11/2018. Kearns Solicitors then sent me a Letter of Claim in March and I responded not admitting to any debt and stated that a CCA was not produced.

Fast forward a few weeks and they provided the CCA. The documents they have provided were copies of the original signed loan agreement from when I took it out in 2011, then a statement from Lloyd's with payments showing the last date a payment was made directly from myself to Lloyd's was January 2015.
I replied to this saying the statement showed the last payment was in 2015 making it statute barred.

Today I've received a letter from HM courts and tribunals with a response pack. I need to know whether I can defend this on my own with my defense being that the CCA paperwork provided shows the last payment was 2015 therefore it is now statute barred or are they likely to be aware of the last payment I made to Wescott in 2021 (as previously mentioned in the DSAR) if so why hasn't this been mentioned and can all of this be provided and used against me? If I've told Kearns it's statute barred then wouldn't they return to Link Financial to tell them I've claimed this and Link Financial would tell them otherwise before sending it to court!?

I can't risk a CCJ, I've read that if I'm unsuccessful and I pay back within a month I can have it removed from my file!? Is this accurate?
Thanks in advance!

[echat11]

Hi Cherry2323

Welcome to LB

Try to stay calm, you'll only get a CCJ if you ignore Court Judgements.

If you've made payments in 2021 towards the debt, then it won't be statute barred.

Fill in the following, copy and paste back to this 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:

[echat11]

a) First Acknowledge Service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence - you've done this.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to Lloyds, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

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

c) Send a CCA requests to Link Financial, they have 12 days to provide a copy of the agreement. Make sure you get Proof of Postage - you are doing this.

https://legalbeagles.info/library/gu...etter-example/

d) Send a CPR 31.14 request to Kearns Solicitors, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

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

e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

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

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

[Cherry2323]

Received a claim? Yes/No: Yes Issue Date: 9th July
Have you Acknowledged the Claim?: No
Total Amount Claimed: £2300
Claimant’s Name: LC. Asset 1 Sarl
Solicitors Firm: Kearns
Original Creditor: Lloyd's
Original Debt (eg. Credit card/Loan/Overdraft) : Loan
Particulars of Claim: The Claimant claims all sums due upon the termination of an Agreement regulated by the
Consumer Credit Act 1974 (CCA) between Lloyds Bank plc and the Defendant(s) in writing and opened on or around 11/09/2012.
The Agreement was terminated as the Defendant(s) failed to comply with the terms of the Agreement and a Default Notice served pursuant to s87 (1) of the CCA, by 27/02/2015 a default was recorded. The Agreement was legally assigned to the Claimant by Deed of Assignment effective 29/11/2018 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant(s) shortly thereafter. And the Claimant claims- 1, £2,300 2. Fees and Costs Date 09/07/2025
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): I have had contact yes.
List any letters you have sent (eg: CCA/ CPR ): I have requested and received a CCA in 2025 and DSAR in 2021.
Any Other Information or Background Details: Last payment was with Wescott in 2021. However this isn't documented in the CCA, the last payment shows 2015 with Lloyd's directly.

[echat11]

You need to do the things stated in post 3.

I see you sent a CCA in 2025, but you need to send the request again as part of your Defence.

[Cherry2323]

So even though I requested one 2 months ago, request one again? I'm sorry to sound stupid, but by doing all these steps how exactly will it help my defence?

[echat11]

So even though I requested one 2 months ago, request one again? I'm sorry to sound stupid, but by doing all these steps how exactly will it help my defence?

Your Defence will reflect that on this date you requested a copy of a CCA agreement, the Creditor has complied or hasn't complied.
When you requested it, they hadn't started proceedings against you.

[Cherry2323]

Ok, I guess I'm wondering whether it is all worth it? If I complete all the steps above and receive everything back as requested I don't know where I go from there? Basically how do I win this?

[echat11]

Ok, I guess I'm wondering whether it is all worth it? If I complete all the steps above and receive everything back as requested I don't know where I go from there? Basically how do I win this?

They send the requested information, you go through it to check if it's compliant, does the agreement have the prescribed terms i.e. APR etc. Same with the other documents, Creditors and their agents send all sorts of stuff which isn't complaint. Once you get the documents back you can make an informed decision.

You send 'Without Prejudice Save as to Costs' offers to settle the matter, but must write those words on the offer letter.