Claim form received from Kearns Solicitors

waakyegirl

sourcrates said:

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..

The default date is 16/10/2019.

sourcrates

They have got the claim in just within limitation then, so it won`t go statute barred now.

Will a CCJ be a problem for you?

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?  

I have question here, regarding CCJ by default. The claim form issue date is 30 Sept 2025 & there is instructions specifying that service date is regarded as 5 days after the issue date, thereby making it 05/10/2025. I have to respond within 14 days from the issue date & this takes the deadline to 19/10/2025 as I mentioned in an earlier response, the default date on this account is 16/10/2019. Am I not able to get away with statute barred if I respond to the courts anytime after 16/10/2025 but before 19/10/2025

waakyegirl

sourcrates said:

They have got the claim in just within limitation then, so it won`t go statute barred now.

Will a CCJ be a problem for you?

Yes this will be a problem for me, 

RAS

 Because Kearns initiated court action prior to 16 Oct 2025, you need to respond 19 October. Otherwise Kearns will get a CCJ by default.

Given your preference to avoid a CCJ you will need to submit the other paperwork. I'd suggest you share your income and expenditure here because some posters will be able to spot valid items you've missed or advise on elements above or below the "allowances." 

Brie

Frankly it doesn't sound like a claim that would go to a CCJ to me but I could be wrong.  Maybe the OP could post a copy of the "claim" form so we know for sure?  I agree being cautious is the best plan.

sourcrates

waakyegirl said:

sourcrates said:

They have got the claim in just within limitation then, so it won`t go statute barred now.

Will a CCJ be a problem for you?

Yes this will be a problem for me, 

Ideally it would have made sense for you then to respond to the original letter before action, and come to some kind of arrangement that avoided legal action, as you will now get a CCJ registered against you, as I do not think a court will accept a statute barred defence due to the fact Kearns initiated legal action within the limitation period.

You may choose to use that as your defence and roll the dice, it all depends on how the court views the facts of the case on the day, you have nothing to lose now by doing so.

ManyWays

waakyegirl said:

I have question here, regarding CCJ by default. The claim form issue date is 30 Sept 2025 & there is instructions specifying that service date is regarded as 5 days after the issue date, thereby making it 05/10/2025. I have to respond within 14 days from the issue date & this takes the deadline to 19/10/2025 as I mentioned in an earlier response, the default date on this account is 16/10/2019. Am I not able to get away with statute barred if I respond to the courts anytime after 16/10/2025 but before 19/10/2025

As I said, my understanding is that issuing a claims form stops the limitations clock. It was not statute barred (we are assuming) on 30 September so it will not become statute barred.
I don't think the timescales to respond to the claims form have anything to do with the Limitations Act, they are just court procedures.

You either need legal advice saying that is wrong (I am not a solicitor and I dont know if anyone who posts here is) OR you need some other defence.

Do you think the amount claimed is accurate?

What are the rest of your finances like? Can you stop paying other debts to allow you to clear this within a month of getting the CCJ, that would mean it is removed from your credit record? 

Brie

Ah yes - that definitely needs a response!

If you provide them with a income and expenditure form that shows you can only afford a smaller amount than £500 they will likely agree to it on the basis that it's better they get something rather than nothing.  My guess only of course.  But I agree that if you submit the details here we can help you make sure everything is covered.  

If you get a CCJ maybe nothing further will happen even if you don't pay a penny.  But you won't know until something happens.

sourcrates

The payment set by the court will be based on your available disposable income, according to the budget you provide them with.

Can I just clarify that you live in England or Wales, and not Scotland?

I only ask as the limitation period in Scotland is only 5 years, whereas in the rest of the UK its 6.