Kearns letter of claim

[Amethyst]

It's whether you acknowledged the debt in your reply to the letter of claim… I think you said you don't know whether you owe the debt, and asked for documents/evidence in the reply form which shouldn't be taken as acknowledgement. You didn't acknowledge between default and the letter of claim so I think you're ok to say stat barred as it is now a month after it passed 6 years from default.

They took 8 months to respond to your response to the letter of claim. They aren't likely to just accept stat barred as it's quite a high claim amount (and will likely go to fast track rather than small claims track ) so it will need an argument. Did you SAR barclaycard at all ? If not it's worth doing that now.

[pt2537]

The notice requires the name and address of the creditor. Whatever that is the post above it cannot be said to be legible, that is awful

[Amethyst]

16 July 2013 is the important date I think for limitations

The address is a bit random but stated to be BC - address on agreement is 54 Lombard Street

[Amethyst]

Condition 2 of the terms at the date of default notice was regarding monthly minimum payments.

[Milkybarkid]

Yes, I did SAR Barclaycard. I have the documents at home

[Amethyst]

Check the actual default date in those xxx

[Milkybarkid]

Thanks Amethyst,
i will check when I am home but bundles of papers came back, any idea where I am likely to find it? A letter? A statement perhaps ?

[Amethyst]

Screenshot of account status, notice of termination, request to pay full £12k balance after 16 July 2013

[Milkybarkid]

Amethyst, I've sent you a Barclaycard document, formal assignment. When I get home I will go through the SAR to see if it comes up with anything else

[Amethyst]

Yip that scans with a default date of pre October 2013 ( as default has to have been pre assignment as their assignment letter asks for full balance not arrears) and assignment to IDR on 14 October as per their notice of assignment.

[Milkybarkid]

What would you say would be my best option? Negotiated settlement? Argue the enforcement of the terms?

[Amethyst]

Well ATM I'm thinking arguing statute barred firstly. Cause of action being 16 July 2013 and now being 23 August 2019 and youve not acknowledged the debt. The onus of proof is on the claimant to show it's not statute barred so see what their arguments against it being SB are and go from there. If that looks like a viable argument you can consider negotiating a reduced settlement while you have a bit of the upper hand, but when you check the Barclays sar info it should give you a better idea when default was.

[Milkybarkid]

Thanks so much, I will post again sometime early next week x

[Milkybarkid]

Amethyst,
I've been flicking through the SAR documents and although the statements don't make mention of any default notice, the wording changes from around May through to the final statement in September. From the card being suspended to the card being withdrawn. Not much else though.

I did, however, come across this Barclaycard letter, (emailed) aware of Mercer's default notice!! Just before the alleged debt was passed on. The proof I need?!

As an aside, them old tricksters at link have added £1 to the statement they send me biannually, for the CCA request even though I sent a postal order (of which I have proof). Any dirty tricks that I should be ready for?

Milkybarkid

[msw1972]

Hi all, I had some debt from a previous marriage to cut a long story short I took out a debt management program in 2011 until 2014 with Harrington brooks then my partner took out a loan to pay the balance off
i thought all the debts I had were cleared off then in 2016 asset link started to write to me saying they had purchased one of the debts Barclay card I have ignored it and only recently looked back at the paperwork I had from the debt management and it is not listed it was clear I have now received a letter from kearns listed saying I have 30 days to respond. I have been to citizens advice who tell me I should ring kearns soliciters and ask them when they last received a payment from me I need some advice if this is the correct thing to do or just ignore it