Jump to content

 

BankFodder BankFodder


robinjw

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

Recommended Posts

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


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 thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.


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 thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

Have read of this thread -

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

  • Like 1

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

 

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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?


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.

 

 


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

 

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

Share this post


Link to post
Share on other sites

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.

 

Share this post


Link to post
Share on other sites

So what if the fleecers see it!!

 

Dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

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?

 

Share this post


Link to post
Share on other sites

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.

 

 

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

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?

 

edits.png

 

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.

Share this post


Link to post
Share on other sites

did you not email me them?

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


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...