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

[AndyOrch]

Its easier if you wait until you get the claimant's statement...then you can use this as a guide on the points they will rely on and then simply respond by refuting or agreeing or offering alternative argument.

 

Problem is they tend to leave it to the death and you dont have time..or they wait for yours first then counter your points.If they fail to serve a statement at all then thats a good sign that they are getting ready to discontinue the claim....

 

Here is an example...and I stress example ....no use to you apart from showing you the usual layout into and conclusion.

 

Witness statement Lob.pdf

[robinjw]

ok I will wait, maybe do a basic copy now and rewrite nearer the time to add any further points. One last question; their statement-will they send that direct to me with a copy sent to court, or will it come via a court document direct?

thanks again for your help.

[AndyOrch]

It states in your directions...each party must file and serve (file with the court and serve on the other party) by the dates stated.

[robinjw]

hi all, Ive been wondering what is happening with the court systems in these crazy times? 

I have a court case looming in early June for this debt and have had no contact from the court or Kearns etc since December.

 

Are the courts still running-if so, is my case likely to be delayed a month or two?

Ive checked my local court web site and they say they are closed for face to face hearings but no other info is given.

[FTMDave]

Have read of this thread -

- I imagine a lot will change between now and June.

[Crolthtroll]

Has anyone been through the remote hearings process yet? I would like to get a heads up on how it went so I know what to expect. Thanks

[robinjw]

Hi, can someone remind me how long I have to submit some kind of witness statement?

Kearns have paid the fee to continue the court case and the case was due to be heard in early June.

 

I have tried to ask the court what the situation is, but have not received an answer yet.

Ive not had anything other than a statement (with added charges etc) from the solicitors.

 

Their statement now states nearly £2k more than the original figure on the court claim form.

 

Thanks in advance.

[dx100uk]

what ever the last court allocation letter said..court date when?

typically 14 days before any hearing.

 

matters not what link adds to their 'bill'..... totally willy waving to try and intimidate you.

[robinjw]

if I read you right, then unless the date is changed due to COVID etc, then I only have two weeks to submit a WS.

 

I looked through he papers yesterday but can't find where it states when the WS has to be in by.

Ive still no idea what to write in that.

The case was stayed previously.

 

Just re-read the docs and I have 14 days as you say to file to court and to K's the WS.

Ive not received anything from them yet, but I remember somebody here stating that K's will leave it to the last minute so Im at a disadvantage.

 

This has been going on so long I dont know where to start with a WS in the hope of winning.

[dx100uk]

we'll andy put up the format earlier.

and you've had 5mts now to get one sorted...….

how many like threads with witness statements have you bothered to read in the last 5mts to self help?

[robinjw]

Ive read a few, but non seem relevant to mine and I still have no clue.

 

I was waiting to do one just in case some freak of nature made them not submit the fee!

 

I downloaded one a couple of months ago ( from above as stated) but it does not seem to have anything to do with my case.

 

Does the stay previously on the case mean anything or not

- for example?

 

How can it be stayed by one judge then resurrected by another just because one solicitor is more aggressive than an other? They are accusing me of lying about not getting to docs, do i respond to that?

 

Other than that I dont know what my 'defence' is supposed to be or what to quote in the hope of it going my way.

 

Forgot to say, that I do appreciate the help, however, my father recently passed away, so my head has not really been in the game as such.

[FTMDave]

Use your defence on the first page as the basis for your WS.  Flesh out the points and add evidence, in the style that Andy has shown.

 

Obviously cut out the points that no longer apply and add any new ones.

 

When you're ready put a draft up here and we'll help you to tweak it.  You have two weeks, if you get started straight away that's ample time to prepare something decent.

 

 

[robinjw]

I have been trying to sort out the 2 inch thick pile of paperwork into chronological order.

 

Ive written a bulleted list of the dates of documents back and forth.

Im trying to prep the WS from this as advised.

 

Id like to post it here but it contains a lot of specific items re dates and paperwork.

 

I am worried about posting as Kearns have stated many times that posts are read and they are attempting to use posts as proof that the alleged debt is admitted to, and hence liability.

 

As I cant set out a WS yet in response to their claim, and, the WS I have as a template is in relation to a response, should I just list the bulleted items (above)underneath the formatted 'response' bit?

 

Could I please request that someone read it privately first, as I do not want to incriminate myself or put my case at a disadvantage by stating full details in the open.

 

[dx100uk]

So what if the fleecers see it!!

 

Dx

[robinjw]

No offense, but its me that will have to face them in court and their letters are very intimidating in nature.

[dx100uk]

eh?

why do you think they sent those letters then?

to make you do exactly what you are doing...

 

we've seen this soooo many times before here

 

they wont be seeing anything they wont see as you'll have to fwd it anyway.

 

link/kearns have always done this for the last 20+yrs 

just that you are falling for it.

 

dx

 

[robinjw]

To be clear,  the letters accusing me and linking 'me' to alleged posts cannot be used in court?

If I read you right, they have tried to intimidate with stalking forums before- is that correct?

 

Sorry if Im being thick, but I dont understand what you mean by this

"they wont be seeing anything they wont see as you'll have to fwd it anyway"

 

Revealing so much in public always bothers me anyway tbh. Its why I dont use social media.

 

Looking at papers today I didnt realise it had been 18 months in between the stay and the lift, and some previously requested paperwork from them was not sent during that time, only after lift, to cover their backside.

Is that usable in the defense?

 

[dx100uk]

link/kearns do this to everyone and always have.

just that most people don't pay attention to it..we call it willy waving to intimidate a defendant.

and as noted in post 1 you already came here being frighten of them and to date we've always advised otherwise.

 

you are filing a witness statement bolstering what you said in your initial defence.

 

 

 

[robinjw]

OK thanks. Its hard to stay sane sometimes when so many are chasing you and other personal stuff is going on alongside. I'll work on it again tomorrow see if I can hone it down more.

[robinjw]

OK, I think I have a WS prepped. Ive added it here. Could someone cast an eye over it to see if it's compliant or needs more work etc please?

Many Thanks

Kearns: Barc WS.pdf

[dx100uk]

not too bad but a lot of repeats of the same issue and unnecessary ramblings in there.

your point 6 is not correct..kearns are not the claimant..
 

you need to expand upon what they have failed to comply with in their docs i'e what is wrong not just one line.

xxx is non complaint because..

one its an application form

devoid of the prescribed terms & condition required under the act

 

the additional T&C's do not contain any of my details and could have come from anyones filing cabinet or downloaded from the same website that I have used for advice and received threatening email over seeking help about such from kearns (INC those as your exhibits!!)

 

no default notice

 

I have attached their docs

 

 

 

docs_by_email.pdf

[robinjw]

Thanks DX, I will dig out  the emails as suggested for the proof of harassment.

 

Ive edited the doc and reformatted the 2019 section- see upload.

 

Ive also corrected the claimant name to Arrow as suggested.

 

Please can you tell me what I may need to delete that you think is repetitive.

 

One last thing, the docs you sent back, do I need to print those as proofs for the court & Kearns to include with the WS?

 

 

Ive come across a problem. I cant find the emails from Kearns re their threats. I had a major crash around that time with tech and I think they may have been deleted.

[dx100uk]

did you not email me them?

+ goto your webmail portal, they should still be online..

[robinjw]

nope. I was advised not to, and I didnt keep a copy :-(

[dx100uk]

can you access webmail?

 

no-one said delete them??

specifically says in your thread keep a log etc etc they WILL be useful when it comes to witness statement time.