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Letter Of Claim from Kearns Solicitors
ZoeB23
Posts: 90 Forumite
Hi,
After some advice on my next move. I've received a 'Letter of Claim' today from Kearns Solicitors for a loan I originally had from Lloyd's in 2012 but was then assigned to Link financial in 2018. They have provided a reply form which has 4 sections. The first section being 'Do I owe the debt'. I know had the loan and admittedly I did come into financial difficulties, stopped paying it buried my head and hoped that was it once I got the default on my credit file.
I'm not sure now how to fill this form out? Do I admit to the debt, or dispute it because I believe it's statute barred?
After some advice on my next move. I've received a 'Letter of Claim' today from Kearns Solicitors for a loan I originally had from Lloyd's in 2012 but was then assigned to Link financial in 2018. They have provided a reply form which has 4 sections. The first section being 'Do I owe the debt'. I know had the loan and admittedly I did come into financial difficulties, stopped paying it buried my head and hoped that was it once I got the default on my credit file.
I'm not sure now how to fill this form out? Do I admit to the debt, or dispute it because I believe it's statute barred?
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Comments
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isn't it up to them to prove you owe the debt rather than you admit to it?0
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That's irrelevant.
If the debt is statute barred, the debt still exists, but the only defence you need is that it is statute barred.
However, you don't want to be admitting this debt if it is become SB in three weeks time.
We are seeing a LOT of Letters before Claim from Kearns atm. Maybe just trying to frighten people into paying, or confusing them into re-setting the limitation period.If you've have not made a mistake, you've made nothing0 -
When did you last pay it?If you go down to the woods today you better not go alone.0
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Honestly, I can't remember. It's definitely a few years I believe because I had a payment planGrumpelstiltskin said:When did you last pay it?0 -
I wonder if it is getting close to 6 years ( assuming you live in England or Wales ) and this is their last attempt before it becomes Statute Barred.If you go down to the woods today you better not go alone.0
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Should I then maybe consider ticking the box that I dispute the debt with the reason being I believe it is statute barred?RAS said:That's irrelevant.
If the debt is statute barred, the debt still exists, but the only defence you need is that it is statute barred.
However, you don't want to be admitting this debt if it is become SB in three weeks time.
We are seeing a LOT of Letters before Claim from Kearns atm. Maybe just trying to frighten people into paying, or confusing them into re-setting the limitation period.0 -
That's exactly what I'm thinking. I'm thinking to answer with 'I dispute the debt' with statute barred being tm reason?Grumpelstiltskin said:I wonder if it is getting close to 6 years ( assuming you live in England or Wales ) and this is their last attempt before it becomes Statute Barred.0 -
Also ask them to produce CCA agreement for the loan, as well as asserting that it is statute barred.1
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I've just found some paperwork, and I last paid in March 2021 to Wescott before Link Financial were assigned it.Grumpelstiltskin said:When did you last pay it?0
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