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Unexpected Kearns Solicitors/Link Financial letter received unsure what I should do

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  • Unexpected Kearns Solicitors/Link Financial letter received unsure what I should do

    Hello everyone,

    I'm trying to help my daughter with a debt issue concerning Kearns/Link Financial, after lots of reading on this & other debt helping sites I'm still completely unsure of how best to proceed, as they are threatening a charge on her property she is extremely concerned, if anyone could advise me I would be so grateful.
    She has received a letter completely out of the blue from Kearns Solicitors as follows:


    You will be aware that a judgment has been made against you in the County Court on 16/06/25 in favour of LC Asset 2 S.a.r.l..

    We have been instructed to secure the debt by way of a charging order against your property and it is in your best interest to clear the Judgment Balance in full. If you settle the Judgment Balance within one month of the date of judgment you will be entitled to obtain a Certificate of Cancellation from the court which will effectively remove all details relating to the judgment from the records of the Registry Trust. In addition, you will be entitled to have the information registered with the Credit Reference Agencies updated to show your account has been settled, and prevent a charge being placed on your property.

    The rest of letter just contains ways to make payment to Link Financial Outsourcing.

    The letter doesn't say who the original creditor was, she has not received any paperwork or claim form from a County Court and this is the first time she has received any form of communication from either Kearns, Link Financial or LC Asset 2 S.a.r.l.. The judgment is showing on her credit file as of 16/06/25 from the Civil National Business Centre. I don't understand how she can be taken to court and not receive any paperwork from the court.

    She has told me that she took out an unsecured loan in 2020, during 2021-2022 she fell behind with payments and after receiving a few letters at the time she tells me the letters stopped coming and she has not received any further communication from them although the debt still remains. It is a possibility that it is connected to this.

    To find out who the original creditor is do I need to send a Prove It letter to the solicitors? or should I be sending a DPA Request to them?
    Is there anything that can be done about the judgment being granted without ever receiving any paperwork from the court? She has lived at her property for the last 12 years and her previous address to that was our home address so there's no chance paperwork has been delivered elsewhere. I was under the impression that you were given a chance to respond & maybe given time to repay with an agreed amount before judgments were issued. Would there be grounds to request the judgment be set aside by the court?

    Thanks for taking the time to read all this, if anyone can give any advice with how we should proceed from here it would be much appreciated.




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  • #2
    Hi Windy Miller

    Welcome to LBl

    You would need a very good reason to set a side the Judgement. If you didn't receive the documents from the Court, then you can set a side the Judgement.
    You need to find out the reason you didn't receive the documents i.e. has it been sent to the wrong address etc You can then write to the Creditor and seek
    their consent to set a side the Judgement, then you need to pay the debt if you owe it or defend the claim. If you can get consent from the Creditor then there is a reduced fee.

    https://legalbeagles.info/library/ho...-judgment-ccj/

    The starting point would be the Court, have they got the correct address for your daughter.

    Comment


    • #3
      Thank you ECHAT11 for your response, my daughter will be calling the Court tomorrow to confirm the address they have and hopefully get a copy of the paperwork.

      Comment

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