Kearns Solicitors court claim advice

[charlie26]

Hi

Was hoping somebody might be able to help and advise me with this,

Around a year ago I received a court claim from Kearns/LC Assets for a credit card debt bought by Link Financial from New Day around 2020.


- I first acknowledged service of the claim on the 27/06/2025 through MCOL

- I sent a SAR request to New Day

- I sent a CCA request to Link Financial and copy of the CCA to Kearns

- I sent a CPR request to Kearns requesting Agreement, Default Notice and Notice of Assignment

- I then received a letter from Kearns saying it might take some time to be able to provide this and that the case would be stayed for the time being.

- I then received a reply from New Day regarding the SAR with the requested correspondence/events on account etc


-------------


Nearly a year later I've just heard back from Kearns with a letter saying saying:

In compliance with the request made under S.77/78 Consumer Credit Act 1974, please find enclosed the following documents:

1. Notice of Agreement
2. Agreement with Terms and Conditions
3. Agreement
4. Statements

The above was included in the letter but there's no mention of the Default Notice I requested

I don't know if this information is relevant but

- I've checked on MCOL and the case is still Stayed.
- I've checked my credit report and there's no mention of the debt or any defaults concerning this


I'm not quite sure what to do at this point as the case is still stayed so I can't start a defence or anything like that.

I was hoping somebody could advise me on the best course of action?

Many thanks for any help with this.

[echat11]

Hi Charlie26

Welcome to LB

Try not to worry.

1. Notice of Agreement
2. Agreement with Terms and Conditions
3. Agreemen.
4. Statements

What they should actually send is:

1. Notice of Assignment,
2. Agreement with Terms and Conditions
3. Statements
4. Default Notice

If they want to 'lift the stay' they will have to pay the Court fee.
The Court will then inform you the Creditor wishes to 'lift the stay.
You can then write to the Court objecting to the 'lifting of the stay'
as well as your Defence to the claim. They have taken over a
year to 'lift the stay' etc.

Also whatever they send has to be 'compliant', so you need to go through
the documents you receive. Don't take for granted what they send is compliant.

Update when you get any communications from the Court or
Kearns.

[charlie26]

Thank you echat, really appreciate the help with this.

[charlie26]

echat11

Hi again,

At weekend I received a letter from Kearns,

the letter says

“we write further to our letter dated the 7th of May 2026 that enclosed documents relating to your sections 77-78 request under the Consumer Credit Act 1974. Having responded to your request, we kindly ask that you contact us on 02920 808668 to discuss repayments of your debt or to provide us with your proposals for payment. In the absence of your response, we are instructed to proceed with the court claim against you”

I’m not sure what do to now, is there any reason that I shouldn’t contact them with a budget plan and monthly payment offer? I’m moving home soon as the last thing I need is a CCJ on my credit report when I’ve finally improved it enough to be able to rent a property without any issues when theirs credit checks.

I wondered if that made sense to do to stop them reopening the claim?

thank you again for the help with this

Best,
Charlie

[echat11]

echat11

Hi again,

At weekend I received a letter from Kearns,

the letter says

“we write further to our letter dated the 7th of May 2026 that enclosed documents relating to your sections 77-78 request under the Consumer Credit Act 1974. Having responded to your request, we kindly ask that you contact us on 02920 808668 to discuss repayments of your debt or to provide us with your proposals for payment. In the absence of your response, we are instructed to proceed with the court claim against you”

I’m not sure what do to now, is there any reason that I shouldn’t contact them with a budget plan and monthly payment offer? I’m moving home soon as the last thing I need is a CCJ on my credit report when I’ve finally improved it enough to be able to rent a property without any issues when theirs credit checks.

I wondered if that made sense to do to stop them reopening the claim?

thank you again for the help with this

Best,
Charlie

It is clearly up to you.
As it is at the moment, you are a long way from a CCJ.
The only way you get a CCJ is if the case goes against you and you ignore the Judgement.
Before that at some point you will have Mediation. I'm sure they are aware that they haven't
provided a Default Notice.

[charlie26]

Thank you echat11

just wanted to have a think before replied so didn’t keep bothering you but can I please ask what difference it would make about them not sending the default notice?

I still haven’t contacted them and also wondered do you have any idea how long I’ve got to reply to them before it’s likely the reopen the case?

I wasn’t what difference it would make to leave it in their hands and then end up in mediation compared to just contacting them now as surely I’ll end up in the same situation with a payment plan either way?

[echat11]

Thank you echat11

just wanted to have a think before replied so didn’t keep bothering you but can I please ask what difference it would make about them not sending the default notice?

I still haven’t contacted them and also wondered do you have any idea how long I’ve got to reply to them before it’s likely the reopen the case?

I wasn’t what difference it would make to leave it in their hands and then end up in mediation compared to just contacting them now as surely I’ll end up in the same situation with a payment plan either way?

a) can I please ask what difference it would make about them not sending the default notice?

That's one of the documents the Court will want to see if the matter goes to Court.
To see if a valid Default Notice was sent out to you.

b) I still haven’t contacted them and also wondered do you have any idea how long I’ve got to reply to them before it’s likely the reopen the case?

Normally when they send out letters, the letter usually says. No doubt they'll send a 'follow up' letter.

c) I wasn’t what difference it would make to leave it in their hands and then end up in mediation compared to just contacting them now as surely I’ll end up in the same situation with a payment plan either way?

It is up to you. If they haven't provided compliant documentation, then you can use that in negotiations.