We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
Claim form received - CCJ incoming Kearne Solicitors

riddochno1
Posts: 5 Forumite

hi wondering if anyone can help
i have received a claim form from Civil National Business Centre, it all seems legit.
the particulars are saying its from a CCA from 2012 and defaulted in 2014 the agreement was passed to a DC agency intrum UK, its for £3141 and now has court fee costs and representative costs of £285 on top.
now i have called Kearnes this morning who tell me the last payment i made to intrum was in May 2019 ( i can not check this as i have a new bank account since then) this is the first im hearing of this after all these years, the debt could very well be mine as i was in a lot back then but im in a very good place financially now and have a very good credit rating and im going for my first mortage with my wife and child but im worried now this is going to ruin it with a CCJ.
i asked the gentleman at 'Kearnes solicitors that i wanted proof that this was indeed mine to which he replied because it was dated back in 2012 that would be very hard and probably not be able to provide. i told him i was going to send the defence section back on the claim form disputing it until i have proof it is mine and then if it is then i can hold my hands up and start to get it paid but then he advised if i go on defence and they prove me wrong then they will add a lot more charges on top and also will recieve the CCJ, although he did offer me to pay the debt off in 5 months without a ccj but that works out nearly £800 a month for something that i not certain is mine.
anyone have any advice on what do to or been in same predicament? last thing i need a CCJ when im trying to sort a mortgage?
i have received a claim form from Civil National Business Centre, it all seems legit.
the particulars are saying its from a CCA from 2012 and defaulted in 2014 the agreement was passed to a DC agency intrum UK, its for £3141 and now has court fee costs and representative costs of £285 on top.
now i have called Kearnes this morning who tell me the last payment i made to intrum was in May 2019 ( i can not check this as i have a new bank account since then) this is the first im hearing of this after all these years, the debt could very well be mine as i was in a lot back then but im in a very good place financially now and have a very good credit rating and im going for my first mortage with my wife and child but im worried now this is going to ruin it with a CCJ.
i asked the gentleman at 'Kearnes solicitors that i wanted proof that this was indeed mine to which he replied because it was dated back in 2012 that would be very hard and probably not be able to provide. i told him i was going to send the defence section back on the claim form disputing it until i have proof it is mine and then if it is then i can hold my hands up and start to get it paid but then he advised if i go on defence and they prove me wrong then they will add a lot more charges on top and also will recieve the CCJ, although he did offer me to pay the debt off in 5 months without a ccj but that works out nearly £800 a month for something that i not certain is mine.
anyone have any advice on what do to or been in same predicament? last thing i need a CCJ when im trying to sort a mortgage?
0
Comments
-
You need to defend the claim, as strict time limits apply, stay off the phone, that time has passed.
Read this advice very carefully -
What to do if you get a Claim from the county court about a debt (debtcamel.co.uk)
I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter1 -
And stop talking to the other side.
Acknowledge service
Cca request to the creditor
Cpr request to that solicitor
Template defence here
https://legalbeagles.info/library/guides_and_letters/court/example-defence-for-consumer-credit-court-claims/
They actually have a very weak case if the can't provide the agreement and can't prove the 2019 payment, which is probably a fiction2 -
Hi,
so the courts came back giving Kearns a deadline to get the signed credit agreement but they didn’t, I’ve had no further correspondence from the courts re the matter but today I have received another letter from Kearns solicitors saying they will settle outside of court so I don’t get a CCJ.. are they just trying their luck?All they have sent is a copy of a letter dated 06/02/2023 from Link financial saying they were taking over the debt from Intrum, then another letter from intrum dated the same sayings it’s being assisgned to Link financial. With another letter attached with what looks like a statement of payments up to the date of 20/07/2014
I’ve also had another letter from link financial “subsequent notice of sums in arrears” basically just adding costs on for solicitors and basically upping the balance I owe.I’m in 2 minds to just call and set up a payment plan but also at same time not sure if the reason they are “willing to settle outside of court” is because they don’t have a case?But what I don’t want is to ignore with more costs added and then il be forced to pay further down the line.Anyone had anything like this ?0 -
Sounds like panic has set in at Kearns, of course they are trying their luck, hoping you lose your nerve and cave in, its all about who can bluff the longest, they know without the copy credit agreement the claim is dead in the water, hence the offer to settle outside of court, everything is done for a reason in this game.
Hold your ground, let it all unfold, its quite likely the case will be struck out soon.
These companies mainly go to court with the flimsiest of evidence, they hope you are so traumatised by the whole affair you won`t question what they tell you, its all a big con, they sail so close to the wind they are always on the verge of disaster.
They are on the ropes with this one, and clutching at straws, don`t give them one.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter4 -
Thanks for informing and updating us about Kearnes, what a bunch of chancers.
There are so many out there
Years ago they used to pretend to be Solicitors, now they buy up or start firms of Solicitors.
It is the same M.O. Fake a micro payment, no CCA and pressure on a debt older than a decade.
I would advise you to make a formal complaint to the SRA for their conduct and to the FOS too.
For others, never talk to these leeches, just the statutory replies if it has got a claim form.2 -
Just thought I’d give an update, I’m holding strong but have had another letter from Kearnes.
“we write with reference to our letter on the 10th July and note we have yet to receive a response. Provide us with your offers of settlement to avoid the need for the claim to continue at court”
I’m going to send a complaint now to the FOS and SRA but again listening to everyone’s comments I will still stay radio silent towards Kearns1 -
Keep holding strong, it sounds like they know full well they won't get anywhere in court and are trying to wear you down.
0 -
They can`t provide you with evidence of the debt, or provide proof of this 2019 payment, which means the debt would otherwise be statute barred, so its unenforceable on at least two counts.
They keep sending you begging letters to please settle now to avoid the possibility of legal action, when what they really mean is we have absolutely no case against you whatsoever, all the evidence is in your favour, and there is a genuine fear that we will be laughed out of court, so please give us your money.
I`d take those odds any day of the week, they would have to present all this to the court if they took it that far, they don`t have it, so its going know were, its all over Barr the shouting, they know it, we know it, they just won`t admit it.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
received another letter today looks like a copy they’ve sent somewhere (doesn’t say where) but I think it’s a court, it says it’s an enclosed “application to lift the stay”
they are also saying in a dialog box that where I requested the signed agreement that I also put I wanted to attempt a settlement (which is a complete lie)
I’ve never heard of a “lift of stay” but all I can find is that it’s in relation to a bankruptcy but I have never been bankrupt….
Is this just another scare mongering tactic ?
0 -
A stay is a temporary hold on proceedings. If this is genuine then you may hear from the court.0
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 348.2K Banking & Borrowing
- 252.1K Reduce Debt & Boost Income
- 452.3K Spending & Discounts
- 240.7K Work, Benefits & Business
- 617K Mortgages, Homes & Bills
- 175.6K Life & Family
- 253.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 15.1K Coronavirus Support Boards