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Link/Kearns Claimform - MBNA card debt - +6YRS old***Claim Discontinued***


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If its statute barred I would have filled the defence at the same time as acknowledging service.

 

 

Andy

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Not too tight..you might get cramp waiting:wink:

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  • 2 weeks later...

Hi Guys,

 

 

Have received response from Kearns regarding my statute barred defence. I have attached to this post the PDF's, one is the letter from Kearns telling me it is not statute barred and the other is the "transactions / statement of account" from Link showing no payments made by me after the 6th June 2011. The only thing it shows after this are fees and interest added on in 2017 by Kearns and Link.

 

 

Am going to conduct research on other threads, but I fail to see how this is not statute barred, they issued the Claim on the 23 Aug 2017 an admit the last time I paid or acknowledged was June 2011.

 

 

Thoughts please, it seems as though they want to proceed on a statute barred debt?

Kearns CPR response.pdf

Link Statement in response to defence.pdf

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Section 69 interest also included in your statement from 2011 to 2017...bit presumptuous considering its at the discretion of the court and no way would they allow 6 years worth or even 8%

 

Cant see were they state its not statute barred ?

 

So last payment 6th June 2011... 30/08/2008 a default was recorded. ........claim issued Aug 2017...6 years 2 months no activity payment or acknowledgement.

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so link cant count to 6 then

nothing unusual for them.

 

 

too busy fleecing people with bogus bailiff phonecalls to put it down and use two hands to count to SIX.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yep

what date did you file the defence?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

so they have 33 day from that date to do something

bar willy waving

else it gets autostayed

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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So if I do not hear from the courts by the 17th October, it is autostayed and I should only act if I hear anything from the courts, just ignore anything Kearns or Link send to me as it is SB

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yep

it will be an N180 from THE COURT

IF it even moves forward

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
  • 1 month later...

I have today received another letter from Kearns.

And it's absolutely hilarious.

 

It's a "response" to my CPR request and also another pleading letter to ask me to remove my defence because it's not statute barred as they've provided evidence of payment made in the last 6 years.

 

Hahaha

 

They've sent me the same statement that they've sent with the previous letter showing last payment made was 6th June 2011.

They've sent me account history showing transactions from 2006 - 2008.

 

They've sent me a b/s "credit agreement" with no signature from me on it anywhere and it's about 10 pages long with a couple of boxes ticked in a few places where it says "signature of customer" tick here in this box and a tick is inserted.

 

They go on to say they'll be applying for the stay to be lifted within 14 days.

 

Assuming I should just let them do whatever they want and wait to hear from the court as this is definitely statute barred!

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burks as they usually are

doesn't matter if they hold the signed agreement

even if it was done online by tickbox!!

 

doesn't change the fact they issued the claim after more than 6yrs had elapsed from the lsat payment.

 

ignore

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

bottom line is as with all DCA's the issue speculative claimforms hoping people panic and simply pay..

..they never expect people to defend a claim..[which regardless to if you think you might owe it - you ALWAYS defend all]

 

its a numbers game

some 800'000 speculative claimforms are issued every year.

85% are never contested.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

They have now sent me a "statement of account" and the amount has increased from the original amount they have set out on the original claim. Oh this is fun.

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that's plink for you.

we'll still add all our court costs even though we arnt going anywhere with it

as you didn't panic and wet yourself and blindly pay up as many do when the get a claimform

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
  • 1 month later...

Well... Update time.

 

 

I have today received in the post a notice of discontinuance of the legal proceedings from Kearns.

 

 

YAY!

 

 

A massive huge thank you firstly to dx. You sir are a hero and your knowledge and time was invaluable and greatly appreciated.

 

 

Also to Andy and UncleBulgaria for your help too. Greatly appreciated!

 

 

Donation made!

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Well done BonM...delighted for you.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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:yo::yo::yo:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 year later...
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