Letter of Claim

presario05

Hi
Kearns have sent me a letter of claim today.
The debt in question becomes statued barred in early July
What should I do?  I cannot send the statued barred letter yet as not yet statued barred, but I need to delay until then without saying I agree to this debt.
Please advise what I should do.  In this letter of claim says 30 days to reply and that they can supply the original agreement.
Help needed pls..

Brie

Well you could send them a letter (by post of course) to ask what the debt is about or that you don't recognise it.  And ask them to ensure they have deleted your email address and any phone numbers as all correspondence has to be by post.  

That should buy you a few weeks.  Then you could ask for a copy of the credit agreement.

And after that you could say you believe the date is statute barred. You should just about be in July by then if they are very quick with their responses.  

sourcrates

You cited a 30 day response time, so I`m guessing its a letter before action you have received.

You should tick the box for more information, but in all honesty I don`t think you can rely on this becoming statute barred any longer, as this is the first step in the legal process, and that`s all Kearns have to do to remove the limitation act as a defence to this.

Once legal action has started, that`s it, they have got the claim in, or likely will do, just in time.

fatbelly

Yes, agreed. Tick Box C and I and ask for everything.

https://debtcamel.co.uk/letter-before-claim-ccj/

presario05

The letter is titled   Letter of Claim

It only states if unable to pay debt return forms & financial statement with 30 days

Tick box c  ?  I do not know what i would be tickiing on this form as C, is not explained on this form see image.

Cannot I not ask for cca to delay tactics?

Last payment made was 11th July 2019   so  ecomea stated barred on 12th July 2025 

Please help 

presario05

Just to note,my son got the same letter and his was stated barred and send a letter to that affect to link and kearns and link wrote back acknowledging letter and saying will be in touch, heard nothing since from Kearns but his was statued barred at that time 

ManyWays

That is either an error or very naughty.

I suggest you print off the entire reply form from the gov.uk site here: https://www.justice.gov.uk/documents/debt-pap.pdf, that is pages 10, 11 and 12. And send those back completed, with an attached note saying you got them from the gov.uk website as the version you were sent by Kearns seemed to be incomplete. 

If you feel strongly about it, you could also lodge a formal complaint by emailing Tim Johnson at complaints@kearns.co.uk and saying you have been sent an incomplete version of the Pre Action Protocol for Debt Claims reply Sheet. But also return the completed full form.

sourcrates

@ManyWays

What`s incomplete about it?

presario05

So, if I do the as mentioned above do I also ask for a cca? 

ManyWays

sourcrates said:

@ManyWays

What`s incomplete about it?

Box C seems to just be a label, nothing in there to tick, unless I am misreading this? 

ManyWays

presario05 said:

So, if I do the as mentioned above do I also ask for a cca? 

Yes, also complete Box I and ask for the CCA agreement.