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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.
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    • #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

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      • #4
        Amethyst

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        • #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.

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          • #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

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