Court claim form/Kearns solicitors

[johnjohnson]

Link Financial have been chasing me for a debt of approx. £8.5k. The default date is oct. 2021. They have never been able to provide me with the CCA and I have letters from them admitting that the debt is unenforceable. Link passed the debt on to Kearns solicitors who contact me on a regular basis. I send them the letters from Link showing the debt is unenforcable and they back off and send me a letter saying they have passed the account back to Link.
I ignored the last letter from Kearns (it was the same as the other letters they sent to me) and now I have recieved a court claim form for the debt + interest and fees (total 11.5k). I intend to fill in the Defence part of the claim form and use the correspondence I have from Link stating that the debt is unenforceable.
I would like to know if this is the best course of action on my behalf. Also, do they make court claims without having the CCA and are they successful? Any other advice most welcome.
Many thanks

[Pezza54]

Please read the article "When is a credit agreement unenforceable?" at https://lawzone.legal

The credit card company can produce a reconstituted agreement if they are unable to locate the original. In a test case with over 100 defendants maintaining the lender was unable to provide the original agreement, the judge decided that this did not mean the debts were unenforceable

Has Link provided you with a reconstituted agreement?

If not, your defence should include the fact that you have requested a copy of the original CCA from Link but never received one. State the date of your letter to Link

You can adapt the "Example defence" located under "SHORTCUTS" on the FORUMS page

[echat11]

a) First Acknowledge Service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to the original Creditor, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

c) Send a CCA request to Link Financial they have 12 days to provide a copy of the agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

d) Send a CPR 31.14 request to Kearns Solicitors, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

https://legalbeagles.info/library/gu...-court-claims/

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

[echat11]

Fill in the following, copy and paste back to this thread without personal details:

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

[johnjohnson]

Thankyou for the advice, I will get on to it and repost shortly.

[johnjohnson]

Good Morning, here is the information requested above

Received a claim? : Yes
Issue Date: 03/04/2025
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £11,500
Claimant’s Name: L.C. ASSET S.A.R.L.
Solicitors Firm: Kearns Solicitors
Original Creditor: MBNA
Original Debt : Credit Card
Particulars of Claim:
The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxx and opened effective from xx/05/2016.
The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.
D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/09/2021 a default was recorded.
As at xx/10/2021 the Defendant owed MBNA Limited the sum of 8,500 By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/10/2021 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.
And C claims- 1. 8,500 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8 % per annum from xx/10/2021 to xx/04/2025 of 2,300 and thereafter at a daily rate of 1.83 to date of judgment or sooner payment. Date 03/04/2025

Is the debt Statute Barred : No
List any letters you have sent : As recommeneded above (SAR request/CCA request/CPR 31.14 request)

[echat11]

Anything on the 'Background details'?

[johnjohnson]

could you give me an example of what type of information might be relevant for the background details please.

[echat11]

could you give me an example of what type of information might be relevant for the background details please.

You might of left employment, you may have an illness, you might be caring for someone etc

[johnjohnson]

Thanks for your reply. Self employed (sole trader) with 2 dependant children.

[johnjohnson]

Hello, I recieved this reply from Kearns solicitors. I'm not sure what it means and if I should respond? Again, any advice much apprieciated.
------
We act for the Claimant in this matter.

We acknowledge the receipt of your request of documents under Section 77-78 of the Consumer Credit Act. 1974.

To provide the documents disclosed in the said letter we require time to acquire and compile papers from our client and forward them to you.

We confirm that a hold has been placed on the account and that no further action shall be taken within 14 days of the date the disclosed documents are provided.

We do not consider it appropriate to make an application seeking time to provide documents, though if you require such please confirm and we shall do so (though an order may be sought for costs for that).

If you wish to discuss, please contact the address at the top of the page, alternatively contact a Litigation Officer who will be happy to assist you.

[echat11]

Hello, I recieved this reply from Kearns solicitors. I'm not sure what it means and if I should respond? Again, any advice much apprieciated.
------
We act for the Claimant in this matter.

We acknowledge the receipt of your request of documents under Section 77-78 of the Consumer Credit Act. 1974.

To provide the documents disclosed in the said letter we require time to acquire and compile papers from our client and forward them to you.

We confirm that a hold has been placed on the account and that no further action shall be taken within 14 days of the date the disclosed documents are provided.

We do not consider it appropriate to make an application seeking time to provide documents, though if you require such please confirm and we shall do so (though an order may be sought for costs for that).

If you wish to discuss, please contact the address at the top of the page, alternatively contact a Litigation Officer who will be happy to assist you.

It just means that, the matter is on hold. Once they have provided the documents you have 14 days to file your Defence.

They are 'informally' seeking an extension from you, so they can provide the requested documentation, what they should really do is seek an extension from the Court, but for them to do that, they would incur costs, which they will no doubt try to pass onto you.

[johnjohnson]

Thanks again for your advice. What happens if they fail to provide the documents before the date I am required by the court to file my defence (28 days from date of service)?

[echat11]

Thanks again for your advice. What happens if they fail to provide the documents before the date I am required by the court to file my defence (28 days from date of service)?

Your requests have extended the 28 day timeline, they'll take no action until you've got the requested documentation and been given an opportunity thereafter to lodge your Defence with the Court. Post 12 is pretty clear.

[johnjohnson]

Good morning, here's an update which may be of interest..

Link Financial have replied with two separate letters-

1. returning my £1 postal order stating they no longer require a fee for section77-79 request.

2. A new statement of account with added interest (charged from the date the debt was assigned to Link, up to the present), summons fee and solictors costs included in the total balance.

Am I correct in assuming that interest can only be charged after a judgement of the court? For example, if I entered into a repayment arrangement with Link before the court case, they wouldn't be able to charge me interest,summons fee or solicitors fee?

No reply yet from MBNA in regards to SAR request.