Link/kearns claimform - old barclaycard debt - N244 to lift stay received

[robinjw]

Hi, I have today received a message (after a missed call-as my phone thought it was a spam caller! ) from Kearns litigation dept want to speak to me as I ticked the 'mediation yes' box. Email sates:

 

"I write in relation to the above noted matter, further to receipt of a copy of the Directions Questionnaire filed at Court and contact from the Small Claims Mediation Service regarding a provisional mediation appointment.

 

We are yet to receive confirmation of the appointment however given your indication to attempt resolution via alternative dispute resolution as opposed to trial, I attempted to call you this morning to discuss our respective positions and explore settlement of the matter off the record.

We are yet to receive confirmation of the appointment however given your indication to attempt resolution via alternative dispute resolution as opposed to trial, I attempted to call you this morning to discuss our respective positions and explore settlement of the matter off the record.

 

I would be grateful to hear from you with confirmation of whether you would like to pursue the opportunity, either by telephone  asking for myself, or via E-mail on a without prejudice, or without prejudice save as to costs, basis."

 

Frankly I'd rather not speak to them as I feel they will try to pin me down to paying some ridiculous sum I can't afford for doing nothing more than sending a few letters and starting a court case. I have no idea what to say ( or if I should answer them)  re this case. Can someone advise me?

Thanks in advance

[AndyOrch]

Let the court mediation services deal with mediation.

[robinjw]

So it's better to wait for the court to reply and ignore their contact requests?

[dx100uk]

links etc ...block their text and messages and email.

how did they get your details?

 

and oh yes you ignore the fleecers.

 

[AndyOrch]

7 minutes ago, robinjw said:

So it's better to wait for the court to reply and ignore their contact requests?

 

think you already answered that yourself....

 

" Frankly I'd rather not speak to them as I feel they will try to pin me down to paying some ridiculous sum I can't afford for doing nothing more than sending a few letters and starting a court case. "

[robinjw]

Ha ha! Thanks for that Andyorch. I assume they got them my details from the court documents as I left them off their ones. They ave emailed and phoned today from different numbers to usual though.

[robinjw]

hello Andyorch, Ive sent you a private message, please would you mind responding?

thanks

[dx100uk]

Pm advice unless confidential info is not allowed as it helps no-one bar you

Not what cag is about

[robinjw]

I understand, however the information sent is sensitive, hence I cannot post it all in public.

I am being contacted with veiled threats from the solicitors accusing me of not responding to court mediation dates.

I have not had any contact from the court at all yet in any format.

My last contact was info I sent them in return,( as described above) as requested.

 

They state posting on a forum is admitting debt.

This comes over like a direct threat in an attempt to get me to respond prior to court contact.

 

I did not give any permission for them to contact me via phone or email, yet they continue to send threats.

Its clear they have picked the info from court documents to contact me as I specifically did not provide it to them.

The emails are strongly worded, threatening, and designed to get a reaction.

 

Surely anyone has the right to get legal help, via a forum or elsewhere and 'solicitors' should not be using that as a threat to force a reaction?

How would they even prove it anyway?

This kind of contact must be harassment?

They accuse me of failing to comply with an old CPR request

- Ive no idea what that even is let alone if Ive had one and not complied.

[dx100uk]

that's Link and kearns for you.

Restons took over in those threat stakes of recent.

 

its all done to intimidate you to as you guess respond.

 

we all know from YEARS of threads here what Plink are like and kearns came out of ex employees and related people to them, so out the same barrel.

 

how do you think a certain person was able to buy things like this: re post 39 here

 

 

as for the CPR 

that's what you sent them not they sent you.

 

post 'em up

come on give us a laugh..

it helps others too.

 

posting on a forum = admitting the debt...what jokers you are kearns..

 

dx

 

 

[robinjw]

"We have been advised however that they ( the court) received no response from you in respect of their invite to mediate and that as such they have informed the Court and the matter is now to be transferred to your local County Court for directions." ( I asked for it to be transferred to local court in paperwork to court)

 

"Letter Before Claim within the defence,

have failed to comply with the CPR 31.14 request within my correspondence of 2018 to provide copies of the CPR 31.14 request and S78 request alleged to have been made within the defence, instead opting to serve a new S78 request ...2018

 

( Ive never heard from this person prior to the mediation issue and Ive never been asked for copies to be sent to Kearns to my knowledge)

 

"We reserve the right to bring these matters to the attention to the Court at trial, if necessary, together with each of those admissions made concerning the debt, both via payments and via your comments within public internet forums." ( - empty threat IMO)

[dx100uk]

Yep total twaddle

Safe to ignore.

 

Dx

[robinjw]

phew, thanks. Sick of their threats. I blocked their phone, have not manage to block email yet

[dx100uk]

What machine and email client?

[AndyOrch]

Check with the Court Mediation Service and ask has a date been set ?...Obviously it hasn't been set and the above is twaddle.

 

So you can either ignore the above or respond (once you have the answer)and inform them that the court mediation date has yet to be set and you reserve the right to bring a copy of their email to the courts attention at trial as evidence of misleading a defendant in litigation.

[robinjw]

Ive set that particular email to go straight to trash now so I dont see it at least. I tempted to check with court but dont want to push them into doing something. I will keep a copy of the email though as suggested so I can use if needed.

 

[AndyOrch]

Quote

 I tempted to check with court but dont want to push them into doing something.

 

.....You require the truth to prove their lies...its not pushing them into anything...mediation dates will be set anyway cant see how checking will affect it.

[robinjw]

What do I do when they come through?

Ive read your mediation article here but does not say anything about debt mediation or if theres any point to it?

 

I have no idea how to defend myself.

Im only in this mess in first pace because someone ripped me off, stole all my savings, and then manged to close my business.

its been a 7 year nightmare so far.

[AndyOrch]

Are we discussing mediation now or disproving their letter ?

[robinjw]

Hi, quick couple of questions regarding a mediation for a debt issue, as I am still awaiting court notification for this too.

1.what would be the likely outcomes of any mediation?

2.Would the court seek to get you to pay the collection agents?

3.If so, at what potential rate? ( as in a percentage of the debt perhaps?)

 

Im am being constantly harassed.

 

Letters state that folks are being stalked on forums to try and 'prove' the debt is owed by who they think is the person they are stalking.

 

Whilst I see this is probably another scare tactic,

what are the legalities of them trying to prove someone is who they think is,

and is it even possible to use forum posts as a form of 'proof' of admission of debt ownership?

[dx100uk]

34 minutes ago, robinjw said:

Hi, quick couple of questions regarding a mediation for a debt issue, as I am still awaiting court notification for this too.

 

1.what would be the likely outcomes of any mediation? - depends upon if the claimant has sent you enough information to make an informed decision to even enter into mediation.

 

2.Would the court seek to get you to pay the collection agents? - the mediation service is not the court.

 

3.If so, at what potential rate? ( as in a percentage of the debt perhaps?)  - - depends upon if the claimant has sent you enough information to make an informed decision to if you even owe the debt or how much.

 

Im am being constantly harassed. - that's all DCA's can ever do.

 

Letters state that folks are being stalked on forums to try and 'prove' the debt is owed by who they think is the person they are stalking.

 

Whilst I see this is probably another scare tactic,

what are the legalities of them trying to prove someone is who they think is,

and is it even possible to use forum posts as a form of 'proof' of admission of debt ownership?

 

so what?

even if they decide its you posting on a forum

...never seen a case whereby the fleecers rocking up a hearing and claiming it's him judge look, he even says he owes the money, had made a blind bit of difference to the outcome, 

 

we normally finds these intimidation tactics are used on court claims whereby the fleecers know they don't stand a chance of winning, so use every trick in the book to scare the defendant into coughing up before they have to go in front of a judge with the kite they are flying and find there is no wind being blown by the judge to keep it aloft.

 

one of the major players in these tactics happens to be those very players in your case here, LINK,

Mr Paul Burdell has a very long history of doing this dating back to even before the internet existed.

 

 

 

 

[robinjw]

Ok, thank you for that. All the communications consist of threats, accusations of lying, cajoling attempts at sympathy ( usually followed with a threat, and various other stuff.

With regards to the mediation I have read that its a telephone call-is that correct? What would the court objective be- is it to find facts or to get payment for the company bringing the case?

[dx100uk]

the mediation service is nothing to do with the court...

 

if you have not received enough information to make an informed decision to if you wish to arrange a settlement or even converse through the mediator with plink [which you have not - you are still missing the default notice + NOA? if I remember rightly]

when the mediation call to do the mediation

they ask the same questions as on the N180 form.

you say NO to them.

 

 

 

 

[robinjw]

Oh I was under the impression it was part of or sent on behalf of the court.

 

The notice re mediation came from a court address.

Ive not received anything except that paper saying that it would be transferred to my local area for mediation and that I would be notified of a date.

[dx100uk]

mediation is not a local service

it doesn't get transferred anywhere for mediation to take place 

its all done via the court mediation service ...simply a sep dept within the overall UK judicial system,

 

..its nothing to do directly with the claim as such.

- other than an attempt to narrow issues between the claimant and the defendant to try and resolve their differences.

and to p'haps encourage them to settle things avoiding clogging the courts up.

 

I think this local thing is you getting confused whereby on the same form [the n180] you had to specify your local court SHOULD the claim progress to allocation to it should mediation fail or be refused [as you should be doing]