Court claim kearns solicitors

Timpg

Hi

apologies if I have posted this in the wrong thread. 

Basically I received a claim form for a debt with link financial/kearns. 

I rang them last Monday to explain my situation etc and offered a repayment plan if they agreed to not pursue the claim through court. 

They agreed the payment plan and said a letter will be sent out to reflect the discussion/ agreement. 

Unfortunately I haven’t as of yet received this letter, so I called them to confirm an update. 

They said the plan is in place as discussed and a letter was sent yesterday. I asked for an update on the claim, has it been discontinued. 

They stated that the claim has been postponed to insure I stick to the agreement. 

Is this correct, can they do this? I haven’t got a problem as I intend on paying the agreement. 

Brie

Yes as far as I'm aware they can keep a claim open because lots of people do exactly as you have done but don't follow through.  

Timpg

Okay that’s fine. Is this a Tomlin order or is this something else? 

Brie

Timpg said:

Okay that’s fine. Is this a Tomlin order or is this something else? 

no idea about that. 

just that I've seen this numerous times where someone agrees a payment plan and the creditor (or solicitor acting on the creditor's behalf) will happily put things on hold for as along as the debtor pays.  They might check in occasionally if the payments are particularly low (£10 a month on a debt of £3k for instance) to see if they payments might be increased due to the individual's financial situation improving.  

fatbelly

In the absence of a Tomlin Order (which Link would send you to sign) you must respond to the claim to avoid getting a judgement in default

You can do this online but must keep to the timescale

Timpg

Okay thank you. 

So from the sounds of things would you suggest they are intending to issue a tomlin order? 

Or can they simply just postpone a claim? 

If I do get a tomline order, do I still need to AOS? 

fatbelly

I suspect there is a Tomlin Order coming. If you get one in place it suspends the court claim while it is being complied with.

If you are getting to the 14-day point without one i'd still do the aos. Costs nothing.

Timpg

Okay understood. 

When I spoke to them, they said I should hopefully receive the letter tomorrow but latest Monday. 

The claim form was issued 24th feb so I worked out i have until Friday 14th march to respond. 

Although I’m not entirely sure what to respond lol!! 

sourcrates

Fill in the form, agree the payment plan, tick the box for more information as well.

Never trust what these people tell you over the phone, you must always watch your back, this is one way a CCJ by default can be registered and then they will play dumb with you.

Timpg

Hi 

have spoke to them to enquire the details of the agreement, but the person I spoke to said she’s not legally trained therefore couldn’t answer wether I’m being sent a tomline order or not. 

With the clock on my claim ticking away and having not yet received the letter/form from them… 

iv now acknowledged the service, just in case

Timpg

Hi

so i received a letter from kearns last Tuesday, it was acknowledging a complaint I made when I received the court form. 

Basically complaining that I didn’t felt I didn’t receive adequate correspondence before they filed for court, not responding to my emails etc. 

the email acknowledges that we have entered into a payment plan and that they are holding off on legal action as long as I stick to the payment plan. 

I still haven’t received anything else from them in way of  either a Tomline order or anything to sign setting out the agreement we have. 

MCOL doesn’t show any agreement or any hold or anything, the last update being when I AOS. 

I contacted the person who sent the letter and she explained that they will contact the court and will apply for a ‘stay’ on the claim. And that I will receive an email outlining this and the agreement.. 

this was last Tuesday, still no more updates though and no emails.