Letter Of Claim from Kearns Solicitors

Grumpelstiltskin

ZoeB23 said:

Grumpelstiltskin said:

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. 

OK so it isn't near being Statute Barred so you can't use that so you need to ask them for a CCA.

ZoeB23

Grumpelstiltskin said:

ZoeB23 said:

Grumpelstiltskin said:

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. 

OK so it isn't near being Statute Barred so you can't use that so you need to ask them for a CCA.

Ok, so instead of sending them a letter about it being Statute Barred, I should return the form they provided tick the box disputing the debt and the under the section 'I need more documents or information' I shall simply put I need a CCA? 

Grumpelstiltskin

The CCA has not been produced would do

ZoeB23

Grumpelstiltskin said:

The CCA has not been produced would do

I have since received what I am assuming is the CCA. They have sent me a cover letter telling me I have 14 days to make an offer. The documents they have provided are the signed loan agreement from when I took it out in 2011, then a statement from Lloyd's with the payments, the last date a payment was made directly to Lloyd's was January 2015. Then I believe it was Wescott who took over the account and then Link Financial. I'm not sure what my next step is? Any help greatly appreciated! 

RAS

The last payment was in January 2015? 

When did the debt default?

Have you had any written communication regarding this debt after January 2015? On what date?

ZoeB23

RAS said:

The last payment was in January 2015? 

When did the debt default?

Have you had any written communication regarding this debt after January 2015? On what date?

So I last paid towards the debt to Wescott in March 2021. The statement they have provided me doesn't show this though, it shows January 2015 being the last payment with Lloyd's before it was given to Wescott. 
The debt defaulted 6+ years ago.
I have had written communication from Link financial who took the debt on after Wescott. It's been a yearly statement kind of letter. 

RAS

Written communication from Link is irrelevant. 

The payment in January 2021 is relevant. 

ManyWays

Does the current balance take into account the payment you made in 2021? 

sourcrates

ZoeB23 said:

RAS said:

The last payment was in January 2015? 

When did the debt default?

Have you had any written communication regarding this debt after January 2015? On what date?

So I last paid towards the debt to Wescott in March 2021. The statement they have provided me doesn't show this though, it shows January 2015 being the last payment with Lloyd's before it was given to Wescott. 

It could very well be that Link are unaware of Wescott`s involvement in this matter, they buy debts in bulk and have absolutely no idea of the previous history of any of the accounts they purchase.

I would be tempted to use the information they have given you against them, call their bluff, and inform them that according to their own statements they have provided, the debt was last paid in January 2015, so its now statute barred under sec 5, limitation act 1980.

You actually have nothing to lose by adopting this strategy, should they agree, that will be the end of the matter, however if they then produce evidence of the 2021 payment, you are still in the same position as you are now, so its worth a punt in my opinion.

Never underestimate just how stupid these legal companies can be!!

ZoeB23

Link financial wrote to me last month saying that since the debt was taken over by LC Asset 1 Sarl in 2018 they haven't received any correspondence from myself therefore they are instructing Kearns Solicitors. But why are LC Asset 1 Sarl not writing to me telling me this if they own the debt?