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Kearns letter of claim

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  • Milkybarkid
    started a topic Kearns letter of claim

    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

  • Milkybarkid
    replied
    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 From the card being suspended to the card being withdrawn.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

    Leave a comment:


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

    Leave a comment:


  • Amethyst
    replied
    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.

    Leave a comment:


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

    Leave a comment:


  • Amethyst
    replied
    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.

    Leave a comment:


  • Milkybarkid
    replied
    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

    Leave a comment:


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

    Leave a comment:


  • Milkybarkid
    replied
    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 ?

    Leave a comment:


  • Amethyst
    replied
    Check the actual default date in those xxx

    Leave a comment:


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

    Leave a comment:


  • Amethyst
    replied
    Condition 2 of the terms at the date of default notice was regarding monthly minimum payments.
    Click image for larger version

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    Leave a comment:


  • Amethyst
    replied
    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


    Click image for larger version  Name:	DF99B789-7750-402E-A795-FB5EDDF7DABE.jpeg Views:	1 Size:	68.8 KB ID:	1483205

    Leave a comment:


  • pt2537
    replied
    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

    Leave a comment:


  • Amethyst
    replied
    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.

    Leave a comment:

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