Link finance and Kearns solicitors

Buzzardbreeze

I have four debts that Link finance have been persuing for the past 10 years that amount to £27,000. I have made numerous offers to settle the debts for around 50% of the full amounts over the past 10 years but Link always demanded no less than 85%.

So I have paid £1 per debt per month since 2014 as token payments until around 8 months ago when I stopped paying. The reason I stopped paying was because I wrote and asked for the original credit agreement for each debt, (three with Barclays and one with The bank of Scotland). I received a reply for each with both a letter from the original creditor and also from Link. All four of the letters from the original creditors stated that the variable terms and conditions where not available and the debts are currently not legally enforceable, and so did the replies from Link apart from one, the smallest which they said was legally enforceable, even though the original creditor said it wasn't.

When I stopped paying the token payments I received offers from Link to settle the debts at 50% of the original amounts and silly me countered with an offer of 40%. my offers were declined and so after a month or two I sent Link letters suggesting that the debts could now be statute barred as they are so old. But they said I'd acknowledged the debts with my counter offer so they are not statute barred!.

Now after 8 months of not paying them anything and many unanswered phone calls and letters from Link I have received a text which told me that I had received a letter telling me about their intent on legal action regarding the Bank of Scotland debt and to contact them otherwise my case would be handed over to their solicitor. I didn't actually receive that letter, but a few days ago I did receive a 'Letter of claim' from Kearns solicitors giving me 30 days to contact them to settle the £7000 Bank of Scotland debt in full or risk 8% per annum interest added.

As I have already stated both The bank of Scotland and Link have stated by letter that this debt is currently unenforceable.

Any advice on how to proceed is welcome.

Littlemissyme

This is a tough one as you’ve recognised the debt. I’m no expert but would ask Kearns to supply all docs relating to the debt, signed agreement, default notice, statements etc. the fact that both the creditor and link have said it’s unenforceable makes me think you have grounds to challenge. I’m going through something similar but I know the debt is statute barred. I’d suggest getting advise on the Consumer Action Group, which is what I’ve done. They’re much more likely to be able to help with legal requests etc. Read all the posts you can on there, might be worth joining, which I did, so I could get the links. I’m also waiting for a call back from citizens advice so give them a ring too. Hope this helps and you get it resolved x

Buzzardbreeze

Littlemissyme said:

This is a tough one as you’ve recognised the debt. I’m no expert but would ask Kearns to supply all docs relating to the debt, signed agreement, default notice, statements etc. the fact that both the creditor and link have said it’s unenforceable makes me think you have grounds to challenge. I’m going through something similar but I know the debt is statute barred. I’d suggest getting advise on the Consumer Action Group, which is what I’ve done. They’re much more likely to be able to help with legal requests etc. Read all the posts you can on there, might be worth joining, which I did, so I could get the links. I’m also waiting for a call back from citizens advice so give them a ring too. Hope this helps and you get it resolved x

Thank you for taking the time to read my post and reply. I'll follow up the points you've made x