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Kearns letter of claim

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  • Kearns letter of claim

    Good Morning Beagles,

    Apologies, starting a new thread, I think I've been posting in the wrong place!

    Following on from a previous thread with you,

    I received a letter of claim in November of last year and returned the form in good time, asking for an extra 30 days and requesting details, documents, cca, etc. I stated that I "didn't know if I owed the debt"

    The returned letter for was acknowledged by Kearns, saying the documents would be sent in due course.

    I am now at the end of the 30 day extension. Should I wait for the documents to come through (which I assume they don't have) or am I obliged to write to them, "denying" the alleged debt.

    Help would be greatly appreciated,
    ​​​​​​​thanks, Milky
    Tags: None

  • #2
    You're not obliged to write to them but it may be a good idea to remind them you responded to their letter of claim asking for documents but that none have yet been forthcoming - referencing their previous letter to you.

    I'd also send a SAR to the original creditor of the debt they are chasing to satisfy yourself as to the details of the debt - as it may come in useful further along.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

    Comment


    • #3
      Thanks for the advice given,

      After 8 long months, I've just received from Kearns the documentation I requested. The clock starts ticking again, I have 30 days to reply, yes?

      I find myself caught between a rock and a hard place. The alleged debt will be statute barred, I believe in late October.

      Kearns has provided what could be a photocopy of an original agreement/ application from 2003. Most, but not all is legible. Amongst other docs docs is original t&C's which are illegible.

      This has been a marathon with the stress of it that clings like a barnacle.

      Your advice would be greatly appreciated

      Comment


      • #4
        Amethyst

        Comment


        • #5
          illegible documents copies are unenforceable, does the document you have show all the prescribed terms? and is it a true copy of an aledged original CCA1974 as pre 2007 applications have to be. If not they are trying to be clever so do not panic.

          Comment


          • #6
            Thanks for the speedy response.
            I will check for that, would you have a link as to any examples of this that I can compare, please

            Possibly more critically, I was also sent a copy of Mercer's original default notice dated June 2013. I overlooked it previously because I was so engrossed with the other documents I assumed it would be statute barred this October as stated on my Experian credit file. Which date can I work to? Please tell me it's already statute barred
            Thanks

            Comment


            • #7
              Please, can anyone help. I feel like I'm so close to getting to the end of this nightmare
              thanks

              Comment


              • #8
                Mercers didn't own the debt so couldn't issue a default notice - if you could you post up a copy of that, and the agreement pls. ( email if you can't get it on the post admin@legalbeagles.info )
                “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                Comment


                • #9
                  The default notice ran out on 13 July 2013 so if no payment was made that would be the date they could have called in the full amount and not just arrears, thus the cause of action. The only place you got October from was your credit file wasnt it? or did they plead the default was Oct ?

                  I only got the agreement front page and Mercers default notice on email - second email didn't have any docs attached so you might need to resend.

                  The DN does have Barclays address on ( pt2537 was it ruled Mercer's could issue default notices in the end ? ) - was there a second page to it though as there's no mention of the OFT documents nor half the prescribed content ( see http://www.legislation.gov.uk/uksi/1...chedule/2/made )

                  The agreement looks ok enough but obviously incomplete and the teeny amount of text on there likely refers to the terms and conditions which they will need to have provided too - and be legible so likely a recon required.

                  Click image for larger version

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                  “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                  Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                  Comment


                  • #10
                    Thank you - ok yes those seem to be the terms from when you signed the agreement and contain the prescribed terms - they are readable and any illegibility could be resolved by providing a recon.

                    They have also provided the varied terms.

                    Attached Files
                    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                    Comment


                    • #11
                      Default notice - yes there is a second page

                      Attached Files
                      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                      Comment


                      • #12
                        The October date is the date of assignment - not the default date.

                        Attached Files
                        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                        Comment


                        • #13
                          So question is whether you acknowledged the debt before end of June and whether the Mercer's default notice is compliant ... pt2537
                          “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                          Comment


                          • #14
                            Originally posted by Milkybarkid View Post
                            Good Morning Beagles,

                            Apologies, starting a new thread, I think I've been posting in the wrong place!

                            Following on from a previous thread with you,

                            I received a letter of claim in November of last year and returned the form in good time, asking for an extra 30 days and requesting details, documents, cca, etc. I stated that I "didn't know if I owed the debt"

                            The returned letter for was acknowledged by Kearns, saying the documents would be sent in due course.

                            I am now at the end of the 30 day extension. Should I wait for the documents to come through (which I assume they don't have) or am I obliged to write to them, "denying" the alleged debt.

                            Help would be greatly appreciated,
                            ​​​​​​​thanks, Milky
                            Did you keep a copy of your reply ? ( ie could this be classed as acknowledgement )
                            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                            Comment


                            • #15
                              By that, do you mean, "did I acknowledge the letter from Mercer's? "The answer would be no.
                              From memory, the only letter I have acknowledged was the letter of claim from Kearns.
                              Hopefully you have all the documents now that I've sent.
                              Sorry for delay, I'm away from home right now. I will be back home at the weekend
                              Thanks for your help and advice

                              Comment

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