Link/Kearns Claimform - old Barclaycard debt - Now N244

[dx100uk]

eh?

how can they have a judgement? theres been no hearing?

unless you didnt file that defence on MCOL by the 18th?

go check claim history.

 

dx

 

[Newdogg06]

I filed the defence on Friday the 19th May early in the morning.

I received a letter from HM Courts and Tribunal Service dated the 19th saying they had received my defence and it was being served on the claimant. 

Will post a copy later and check MCOL.  

[dx100uk]

i think kearns have made a mistake if thats the case.

[Newdogg06]

This is my MCOL history so far:

Recent Transactions for Defendant

 

Claim Status

A claim was issued against you on 18/04/2023

Your acknowledgment of service was submitted on 04/05/2023 at 19:38:50

Your acknowledgment of service was received on 05/05/2023 at 08:05:19

Your defence was submitted on 19/05/2023 at 06:35:57

Your defence was received on 19/05/2023 at 08:05:31

 

Could it be down to the fact it wasn't served to Kearns in time? I'm assuming it goes by the above receipts date and time.

[dx100uk]

i doubt it, and them not getting it by the minute is immaterial.. you are a Litigant in person (joe public against the system) a certain leeway is always given,. if there were judgement, it would show.

i think kearns (as they do) are pulling a fast one to scam you. 

they can see mcol too. so..

nothing unusual for link/kearns...worst scammers/ fleecers out there,

if you wish you could ring northants bulk and check.

 

dx

 

[AndyOrch]

Quite clearly states....

Your defence was received on 19/05/2023 at 08:05:31

Impossible for them to have judgment ...ignore or save to attach to your statement and refer to their intimidation and bring it to the courts attention.

[Newdogg06]

I’ll call Northants Bulk to see what they’ve recorded. Then best to add a thread on my MCOL records? 
I know if I did pay it off within a month the CCJ is taken off the record so how do I play it from here? 

[dx100uk]

see what they say 1st eh?

dx

 

[Newdogg06]

Today, after 4 wasted lunch-hours (Why does HMCTS only open normal office hours when we are all trying to earn money at the same time to pay off the debts?!!!) I finally got through.

They confirmed no such action has been entered against me, no CCJ and all I have done so far is above board and recorded.

Kearns have yet to respond to my defence.

So, scammers/fleecers they seem to be then.   

[AndyOrch]

And to day is the 28th day since you submitted your defence ...the claim is now stayed.

[dx100uk]

oh that was so unexpected...

thats Paul and Selina Burdell, for you...

 

 

 

 

[BankFodder]

Open

 

[Newdogg06]

Hi All, 

Hope everyone is well. It's been a while, but just had an A4 envelope thud on the doormat today. 

Looks like the game's up and I will have to sort out a repayment of some sort.

Kearns have considered my defence which I 'filled' (and they spelled that wrong twice!) and their client "does sympathise with my situation", but they have kindly "offered me the opportunity to settle the matter without the need for further court action"

In response to me requesting copies of the original documentation, they have also sent those. I don't seem to have the original Notice of Assignment which is unusual as I am careful with filing my documents. 

So, short of paying the full amount owed, plus costs accrued so far, is there any other avenue I can explore?

[dx100uk]

why do you keep thinking your game is up everytime you get a threat-o-gram.

have you not been reading up during the quiet periods so you get an overview of how low Link will go to frighten you and their tactics...we are sELF HELP TOO.

 

what you have is a very std letter sent for every claim.

scan up everything to one mass PDF let US decide NOT YOU. 

the claim is stayed  and will cost them upto £275 to lift the stay....

dx

 

[Newdogg06]

Here's the file. I hope it's worked as it was not easy to collate.

 

Kearns CPR return 66200000 + Base Agreement Copies.pdf

[dx100uk]

they say they enclosed:

a Credit Card Application and Terms and Conditions  - NOPE they have NOT.

all they have done is included 2 sets of Terms and conditions with your name and address (is this the correct address for 18/07/2006?) at the top.

there's no dates on either of them, no signature from you on either and no signature or stamp from BC accepting the agreement on either  even if they were agreements...

they could have come out of Links filing cabinet and they inserted your details themselves . but eitherway neither are an enforceable Consumer Credit Agreement.

from page 12 there are two 2 pages of the well known 6620000000 T&C's which lost Hoist Uk lost SOOO many court claim over, that are well documented here , 30+ pages are missing but that is irrelevant.  type in 66200000 or claimform hoist barclaycard here and you'll see why.

Hoist UK are another DCA that raised so many BC claimforms that failed that their main group owner sold the uk branch off to another DCA as they lost so much money for the group in buying a portfolio of old BC debts they could never win on as NO paperwork ever existed. BC do not keep signed agreements and never have. 

see. PRA Letter of Claim - now Fast Track claimform - old barclaycard debt - now n244 - Page 6 - Financial Legal Issues - Consumer Action Group

.....

just like the below stunt.  

On 06/06/2023 at 20:41, Newdogg06 said:

"Dear Mr Newdogg06,

Thank you for taking the time to contact us regarding your previous Section 77/78 request, as part of the Consumer Credit Act (CCA) 1974.

Following a further review of the account in question, I can confirm that a County Court Judgement (CCJ) has been obtained in May 2023 and therefore the account is considered enforceable.

As such we are not required to comply with your more recent request.

If you have any further queries, please do not hesitate to contact us.

Yours Sincerely,

Brinda Mauree Complaint & Dispute Resolution Team"

i see they've included their already filled 'confession letter' to try and convince you even further they are the almighty...sorry Paul Burdell you are NOT. 

.............

dx

 

[FTMDave]

Open.

[Newdogg06]

Hi All,

I've just had the inevitable N24 and other paperwork arrive. I've read other examples on here and I think I understand the steps to follow. I have until the 28th May to return the N180 Small Claims Direction Questionnaire, I also have an N244 Application notice copy.

I read an update on a case you kindly put a link in for me to read. Turns out they lost in court and are now struggling. I really don't want to get to that stage and am thinking mediation may be the way forward? Thoughts please?

Pretty sure I've missed the 7 days to have the order set aside. 

For reference, this is what I received:

Dated 8th May

Before Deputy District Judge Baker sitting at the Civil National Business Centre, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northampton, NN1 2LH

 

The Court will deal with the application to lift the stay without hearing under CPR 23.8(c)

 

It is ordered that:

 

The Application to lift the stay and for direction questionnaires to be issued is granted.

 

Because this Order has been made without a hearing, the parties have the right to apply to have the Order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order. If the application is one which requires a hearing, and

 

a) the party making the application is the Defendant; and

b) the Defendant is an individual,

 

then upon the filing of the application the claim will be transferred to the Defendant's home court. In all other cases requiring a hearing the claim will be transferred to the preferred court.

 

[dx100uk]

we need the full n244, their witness statement and ALL exhibits to one mass PDF please

we do not need statements or blank forms or info leaflets.

that case you refer too was a case of judge lottery. means nothing toward your good chances

dx

[AndyOrch]

On 15/05/2024 at 19:54, Newdogg06 said:

Pretty sure I've missed the 7 days to have the order set aside. 

You cant really oppose an application to lift the stay only be stayed for 11 months....claim is proceeding.

 

 

[Newdogg06]

FYI I've had a copy from Kearns arrive today of the DQ from the claimant agreeing to referral to the Small Claims Mediation Service and without a hearing.

I am a bit wary of the two replies above from you both.

Which is the most relevant and most urgent to action?

I'm away from Sunday the 19th to Wednesday 22nd working abroad and am conscious there's a bank holiday the day before the deadline so it doesn't give me much time to collate and post relevant paperwork either to you or the parties involved.

Do I just fill in the N180 and post? 

Apologies for my ignorance, It's out of my comfort zone!

Also my case seems to be over the £10k barrier?

 

[puzz1ed1]

Need to get your DQ in - it's your opportunity to have a say in what happens next!

It should then transfer to local court, who will look at the DQs and determine next actions.

Fairly self-explanatory and there are guidance notes on the site here.

My Asset/Link/Kearns case was reviewed a couple of weeks ago after transferring to local court and they have been ordered to provide a new CPR-compliant Particulars of Claim, Original Agreement, Deed of Assignment and Notice of Assignment. They have six weeks to comply or it's struck out. As with your case they are relying on a generic print out of an agreement with no personal details or signature.

Don't give the courts a chance to make any decisions without your input and get that N180/N181 in!

Your call as to whether you want mediation - given the lack of evidence from them there is probably no point as you can't mediate an account that appears not to exist.

[dx100uk]

sorry but we need the full n244, their witness statement and ALL exhibits to one mass PDF please to properly advise.

we do not need statements or blank forms or info leaflets.

if Kearns have sent you their N180 then....

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

.................

if they've sent an N181 please advise here.

dx

 

 

 

[AndyOrch]

3 hours ago, Newdogg06 said:

Do I just fill in the N180 and post? 

Yes

[Newdogg06]

Thank you. 

I have filled them out, about to post. D1 answered as 'No' as per dx100uk's reply.

Does it make any difference that Kearns haven't filled any of my copy of the N180 out other than the 'CNBC' and the claim reference, out of interest?