Kearns letter of claim

[Milkybarkid]

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

[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

[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 From the card being suspended to the card being withdrawn.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

[Milkybarkid]

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

[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]

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

[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]

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]

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

[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]

Check the actual default date in those xxx

[Milkybarkid]

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

[Amethyst]

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

[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

[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