Claim form received from Kearns Solicitors

waakyegirl

Hi Forum, 
I have received a claim form from Kearns Solicitors acting on behalf of LC Asset 2 SARL. This concerns a hire purchase agreement for a vehicle I took out in 2016 but due to unfortunate circumstances I had to default in 2019. The original debtor was Moneybarn but I think the debt has changed ownership a few times. Kearns are demanding £2852.82 including court fees etc. I am seeking guidance for my next steps & from what I have read these should be:
1 acknowledgment of the claim 
2 CCA request letter-I presume to Kearns?
3 CPR 31.14 Request letter-also to Kearns??.
I am also certain that this debt is statute barred (this will be my defence)or is almost coming to 6 years, I defaulted in 2019(searching for the exact date)
I would be grateful for any help

Brie

Have you checked your credit history to see if there's anything there regarding this?  

This may be better on the debt board but I'll leave it here for now to see what the parking tribe have to contribute.  

waakyegirl

I know have a default for Moneybarn in 2019(I am trying to reactivate my checkmyfile so I can access my full credit report). This is is the last time I made payments towards the hire purchase

waakyegirl

Brie said:

Have you checked your credit history to see if there's anything there regarding this?  

This may be better on the debt board but I'll leave it here for now to see what the parking tribe have to contribute.  

Brie said:

Have you checked your credit history to see if there's anything there regarding this?  

This may be better on the debt board but I'll leave it here for now to see what the parking tribe have to contribute.  

I know have a default for Moneybarn in 2019(I am trying to reactivate my checkmyfile so I can access my full credit report). This is is the last time I made payments towards the hire purchase

Brie

I'm more concerned in case there's a CCJ on your file which makes it a bit more complicated.  Hopefully you don't but let us know. 

And when the last payment was and whether you have every admitted to the debt in writing to them since then.

waakyegirl

Brie said:

I'm more concerned in case there's a CCJ on your file which makes it a bit more complicated.  Hopefully you don't but let us know. 

And when the last payment was and whether you have every admitted to the debt in writing to them since then.

There isnt a CCJ, last payment was in 2019 & I have not admitted the debt in writing to them or anyone. 

Brie

Then likely it's a case of them just being all nasty and threatening because the statute barred date is approaching and they are trying to get you to react and reset the clock for them.  Snail mail is the answer  - you might want to submit a CCA request - basically asking them to confirm that there was any agreement for you to pay anything back to whomever.  Do it by post, that delays the response and tell them that you need their response by post. 

Meanwhile track down the last payment you made.  That might help as well.  

Moving this to debtfree wannabe for traction......

waakyegirl

Brie said:

Then likely it's a case of them just being all nasty and threatening because the statute barred date is approaching and they are trying to get you to react and reset the clock for them.  Snail mail is the answer  - you might want to submit a CCA request - basically asking them to confirm that there was any agreement for you to pay anything back to whomever.  Do it by post, that delays the response and tell them that you need their response by post. 

Meanwhile track down the last payment you made.  That might help as well.  

Moving this to debtfree wannabe for traction......

Brie said:

Then likely it's a case of them just being all nasty and threatening because the statute barred date is approaching and they are trying to get you to react and reset the clock for them.  Snail mail is the answer  - you might want to submit a CCA request - basically asking them to confirm that there was any agreement for you to pay anything back to whomever.  Do it by post, that delays the response and tell them that you need their response by post. 

Meanwhile track down the last payment you made.  That might help as well.  

Moving this to debtfree wannabe for traction......

Thank you, I will acknowledge the claim, submit CCA request by mail, will follow the thread on debtfree wannabe

ManyWays

I am also certain that this debt is statute barred (this will be my defence)or is almost coming to 6 years, I defaulted in 2019(searching for the exact date)
A claims form from the court (please double check - this is an N1 claims form?) stops the statute barring time clock. So if this is not already statute barred, it will not become statute barred in the next few months. 

So finding out the last payment to MB and the date of the default is urgent. 

In this situation, asking for a CCA by post will result in you getting a CCJ by default unless you have also submitted a defence.

What documents did Kearns mention on the claims form?

Did Kearns ever send you a Letter Before Action?  

sourcrates

I have to agree with ManyWays here, the title of the post is: 

"Claim form received from Kearns Solicitors"

So this requires an urgent response from the OP.

However, if the exact default date can`t be established, then a statute barred defence may still be a good bet.

These companies can be very, very incompetent at times, a lot of the time they may not have the information to counter a defence of that nature, and might be simply relying on bluff to win through.

So in the absence of a better defence, I would run with your plan, minus the CCA request of course, and hope for the best.

Worst case outcome would be an affordable payment plan, best outcome you might just win, or they may simply stay the case and it all goes away..

waakyegirl

ManyWays said:

I am also certain that this debt is statute barred (this will be my defence)or is almost coming to 6 years, I defaulted in 2019(searching for the exact date)
A claims form from the court (please double check - this is an N1 claims form?) stops the statute barring time clock. So if this is not already statute barred, it will not become statute barred in the next few months. 

So finding out the last payment to MB and the date of the default is urgent. 

In this situation, asking for a CCA by post will result in you getting a CCJ by default unless you have also submitted a defence.

What documents did Kearns mention on the claims form?

Did Kearns ever send you a Letter Before Action?  

Kearns did send a Letter of Claim, giving me 30 days to fill in either admitting the debt or not, dispute it or get legal advice etc, they also attached a form to fill in my finances like income and outgoings. There was also a statement of account showing the date of debt assignment(01/04/2025) and the balance of £2657.82. There is no specific mention of documents by Kearn but there is a reference to the CCA under the heading of Particulars of Claim on the Claim Form.
NB I DID NOT RESPOND TO ANY CORRESPONDENCE