Letter Of Claim from Kearns Solicitors

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? 
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Comments

  • DE_612183
    DE_612183 Posts: 3,467 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    isn't it up to them to prove you owe the debt rather than you admit to it?
  • ZoeB23
    ZoeB23 Posts: 86 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    DE_612183 said:
    isn't it up to them to prove you owe the debt rather than you admit to it?
    I'm assuming they know this already though? They included the amount due and the account number etc
  • RAS
    RAS Posts: 35,007 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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 nothing
  • Grumpelstiltskin
    Grumpelstiltskin Posts: 5,282 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    When did you last pay it?
    If you go down to the woods today you better not go alone.
  • ZoeB23
    ZoeB23 Posts: 86 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    When did you last pay it?
    Honestly, I can't remember. It's definitely a few years I believe because I had a payment plan 
  • Grumpelstiltskin
    Grumpelstiltskin Posts: 5,282 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    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.
  • ZoeB23
    ZoeB23 Posts: 86 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    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.
    Should I then maybe consider ticking the box that I dispute the debt with the reason being I believe it is statute barred? 
  • ZoeB23
    ZoeB23 Posts: 86 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    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.
    That's exactly what I'm thinking. I'm thinking to answer with 'I dispute the debt' with statute barred being tm reason?
  • ManyWays
    ManyWays Posts: 1,074 Forumite
    1,000 Posts Fifth Anniversary Name Dropper
    Also ask them to produce CCA agreement for the loan, as well as asserting that it is statute barred. 
  • ZoeB23
    ZoeB23 Posts: 86 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    When did you last pay it?
    I've just found some paperwork, and I last paid in March 2021 to Wescott before Link Financial were assigned it. 
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