Hi everyone, just received a " Letter of claim " letter from Kearns Solicicitors. They have given me 30 days to respond to a credit card debt I defaulted on last year.

The amount is for £700, but due to ill health I have been unable to communicate with the DCA " Asset Link Capital ( bought from Newday LTD )

My question is this likely to to go to court as threatened ?

I havn't been able to work for a year, and am in massive debt with no income.

Just wondered if I should respond, but I have nothing to offer ?

Thanks in advance for any advice, I do appreciate it really.

Thank you.

Please will you read up about the new pre-action protocol. The fact that they have given you 30 days to respond indicates that they understand the new rules.

Also please will you fill this out and post the results back here

Thank's for the speedy reply, I will try and get all the info but I am not that good at this stuff due to my poor mental health.

Just to clarify this is not an actual court form, but a letter threatening court if I do not respond !

Thanks

What is the claim for –

As per previous correspondence we can confirm that the benefit of the above referenced debt was legally assigned to Aseet Link Capitol(N05) Limited on the **/**/2017 with Link Financial Outsourcing Limited being appointed to administer and recover the account.

We would also like to take this opportunity to confirm that the original agreement was incepted on the **/**/2016,

the original creditor being Newday LTD.

If required you may request a copy of the original agreement.

Due to your default the full balance is due and outstanding.

Link Financial Outsourcing Limited has attempted to negotiate payment of the amount with you but has however not been successful.

In the circumstances we hereby demand payment of the outstanding amount.

What is the value of the claim? £700

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card

When did you enter into the original agreement before or after 2007? Last year.

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Dca has bought it.

Were you aware the account had been assigned – did you receive a Notice of Assignment? To be honest I have been mentally broken for over a year so I cannot be sure, sorry !

Did you receive a Default Notice from the original creditor? Not sure.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Again, for the above reason I am not sure !

Why did you cease payments?

Ill health and loss of employment

What was the date of your last payment? Must have been last year.

Was there a dispute with the original creditor that remains unresolved? Just couldn't pay !

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? I did inform all my creditors ( my wife did it on my behalf ) that we could no longer keep up the payments due to ill health.

hi ya

I think BF must have posted the wrong link

here is what you need to do.

particularly post 6

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

this has been sold very quick

i'll guess this is an aqua credit card?

hi ya

I think BF must have posted the wrong link

 

here is what you need to do.

particularly post 6

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

hi ya

I think BF must have posted the wrong link

 

here is what you need to do.

particularly post 6

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

 

this has been sold very quick

 

i'll guess this is an aqua credit card?

Youd be right there DX - Newday

Can I just confirm . . . . do I fill in the form asking for more information ( which gives me another 30 days ) and send them a CCA request, which has to be replied within 12 days ? Just a bit confused, sorry !!!

If I send both will they have to reply in 12 or 30 days ?

Thank you.

12 + 2 to respond to the CCA request and 30 days to respond to the PaP.

Andy

you follow as post 5

dx