@BankFodderfair point, thanks for the feedback. Will do so.

Hi All, I am hoping for your help, advice and wisdom. Ideally, we are looking for advice on how to best proceed. Early August 2022, a Wren representative came out to our home to take all measurements from our kitchen to Wren in loading them into their system which in turn aided us in the design for our kitchen. 20th August 2022, my partner and I attended Wren Kitchens, got a rough quote and rough 1st design. They had huge discounts on, and we put down a deposit to guarantee the price, being advised if the costs went down or a better deal was available, it would replace the existing deal. We did so and this was correct and true. After a further 4 visits to wren and in January 2023, we finally settled on our design and layout. We had separate builders come in to fit the kitchen and complete the works required as Wren were too expensive and could not complete all the work required in order for this kitchen to be fit. We had walls needing knocked down, piping moved, electrics moved etc. During the fit of the kitchen, our builders pointed out that the cornice would not fit on top of the units, due to not being enough space between the top of the cabinets - ceiling. We called the store immediately, they agreed this was an issue and would contact HQ and come back to us next day as this was quite late in the day. Following day, the GM dealing with this, was on a day off and had not told anyone to deal with this, as such we had to speak to the deputy GM and go through it all again. He checked in his system and confirmed to us, the designer (whom since has been sacked, they confirmed) at some point throughout the design process, had changed the measurements of our kitchen within their system, so that the final design fit the kitchen. Only, it did not fit OUR kitchen, it fit the kitchen measurements they had in their system, so now we have a number of units and items too big for our kitchen and items do not fit, due to the designer changing the measurements of our kitchen within Wren's system and we do not have what we agreed and paid for. We were told these calls to the store were recorded and asked for a copy of the recordings to be sent to us, to which the deputy GM told us he would do and that he had contacted his IT dept twice to ask them to send over a copy of the recordings. Originally, Wren tried to argue that we have signed a "pre fit check" and should have gone through this with our builders prior to fitting. It turns out, the designer took it upon himself, on the 21st August to go through tick all the boxes (we were not even present in store) to say we had agreed to this and emailed it all over to us including the contract (not even informing us on the email to read through and check the pre fit). But we had not even designed the kitchen and did not decide on our final design until January 2023, so how could we have gone through a "pre fit check" with our builders on the 21st August as we didn't have any builders or a kitchen designed at that point. (I have uploaded these documents) Wren customer care team arranged to send out a smaller kitchen (with much less storage space, and likely a lower price tag, due to being smaller units, we were told at this point, no compensation would ever be discussed until all works had finally been complete and that they would not as an organisation compensate for the time, off work, the extra cost associated with us contacting them, the delay in completing the work from the builders, the emotional stress and mental stress we were put through upon realising our dream kitchen had turned into the nightmare all due to the error of Wren's own designer, by changing the measurements of our kitchen within their design system and not telling us or anyone else) we then had to wait over a week for this to be made and delivered, still not 100% sure this would fit either. We also at this point found out from the customer care team that in store calls are not recorded, so we were again lied to as above by the store deputy GM. In the meantime our builders said they may be able to turn the cornice on its side, cut it and it will then fit. But this is not final appearance we and finish we have paid for. We agreed for them to try and it we could over judge the outcome once fitted which Wren agreed. They began only to find one of our double wall units was then too wide (900mm) and needed replacing for 800mm as spacing was off between the cupboards and the splashback would have a big gap on one side and no gap on other between wall units. Wren once again agreed to send out the cabinet however this one would arrive after the smaller kitchen wall units. As a gesture of good will we were refunded delivery costs of £99, this is yet to reach us, although confirmed it was transferred and put in writing to us last week. The larger kitchen now needed to be stored in our garage while we await the final cabinet this coming Thursday, if this does not look suitable then (ie the cornice being turned to fit) the current kitchen needs to be removed (wall units, fridge/freezer unit, wine rack, side panelling) and the smaller kitchen fitted, this will also include our own original coving needing to be replaced as this was cut into to fit the taller (900 cabinets) wine rack and FF tower (all being replaced as mentioned above) Wren asked us to supply them with a quote from our builders as they would not send out their own fitters to complete this work. Accordingly, our builders sent an itemized quote to remove current kitchen, fit new kitchen, cornice and replace/paint coving. They averaged 1.5 day for two persons, @ just over £1300. Wren ran this through their "local calculator “which in turn estimated £608 (For fitting only, not considering the other works needing doing) which we rejected. When I asked them to consider the works in the quote, we were advised this isn't something they can do however they will run it through the system again! (Which will just result in the same outcome, the customer care supervisor could not comprehend the pre work needed, prior to fitting the newly delivered smaller kitchen. i.e uninstalling, painting, cutting coving, re fitting, painting, removal of current wall units etc etc, this all takes time) The customer care manager then went on to discuss compensation, which from the start of all conversations with Wren we have been told that compensation will not be discussed until we are happy and our kitchen is signed off, she expressed that we would be offered £50 per extra delivery (even though the last delivery was £99 that we was given as a good will gesture) that we had equalling £200, when i expressed that i am not discussing compensation at this stage she continued to offer the £200. Once again, the customer care manager argued that we signed a pre fit, which i expressed she clearly hasn't read through the notes before taking my call. She informed that she would run the quote through the 'system' again and be in contact by Thursday, to which our builders were supposed to be here Thursday to finish the works by half day Friday. We were told that the complaint has a named manager (Jamie) who is currently on leave this week, he had handled the issues reasonably well and it is now felt that we are passed to anyone who happens to be available, zero hand over from one agent to another and zero understanding to history of this case. We're now at a stage where we are not sure what is the best position to go down, any advice would be greatly appreciated. I know it is long and drawn out, but ultimately, we now have a kitchen that is not what we paid for due to the Wren designer changing the measurements of our Kitchen within their system. Pre Fit checklinst.pdf

Perfect, thanks DX. As I suspected, but thought it wise to double check

Hi all, I have received calls and texts today from Link regarding this account again. Thoughts?

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!

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.

Amusing how they have waited until a week after it's stayed to write to me rather than just going in for the kill if they truly believe it is not statute barred surely they would have just gone for it, right?

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!

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

12th September filed, received 13th September dx

hahahaha dx! ok so I do nothing, just ignore?

Sorry, attached wrong PDF, please find letter below from Kearns stating they claim is not SB They also attach a letter they want me to sign and return to the courts saying m defence should be withdrawn, no way am I doing that! It's def SB! Kearns Response to defence.pdf

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

Don't, suffered with terrible "roids" the past few days. I have only just returned to normality! hahaha ok TMI.

ok defence filed. Sit tight and wait I guess.

So may as well just file my defence then?

today I received a response from Kearns to my CPR request. Uploaded as PDF for you. Thoughts please? I've yet to file my defence as I was curious to see what they came back with and I still have quite a bit of time to do so. kearns no documents.pdf

ok I have the SAR info for this. So far I can see the following information. Date HBOS closed the account 04/01/2012 Account Overdraft was only £100 limit They have the bank account application form made with my sig and date on it but nothing else. No default notice, no notice of assignment, no prescribed terms or agreement with overdraft facility mentioned. The application form does mention services offered only and mentions the overdraft facility here, but it does not mention how much and the T&C's of that facility or anything whatsoever included in the SAR info supplied. If there is anything else I should be specifically looking for, please let me know and I will.

Will do so, thanks dx will also staple this time as you suggested last time! haha

thanks UB. Will do. Hrm... they did respond to my CCA sent in November, claiming there was no postal order enclosed. I have the proof of purchase of the postal order along with the proof of postage for this. I reckon they are going to show a summary of a payment made recently which was the £1 PO and reject my defence that it is Statute Barred. I am reading that this is very common for Link Financial to do this also unsure how to set that out in my defence. Will await any more thoughts and just acknowledge my intent to defend for now.

Name of the Claimant ? Link Financial Limited Date of issue – 23 / 08 / 2017 What is the claim for – 1. The claimant claims the whole of the outstanding balance due and payable under an agreement referenced ***** and opened effective from 25/08/2006. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant. 2.The Defendant failed to make a payment as required and by 30/08/2008 a default was recorded. 3.As at 18/09/2008 the Defendant owed MBNA Limited the sum of £5786.25. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 18/09/2008 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter. 4.And the Claimant claims- 1. £5338.47 2. Interest pursuant to section 69 County Court Act (1984) at a rate of 8 % per Annum from 07/06/2011 to 22/08/2017 of £2489.68 And thereafter at a daily rate of 111 to date of judgement or sooner payment. Date 22/08/2017 What is the value of the claim? Amount Claimed £7728.15 Court fee £410.00 Legal Rep Cost £100.00 Total £8238.15 Is the claim for - credit card When did you enter into the original agreement before or after 2007? Before 2007 actual date is 25/08/2006 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Link Were you aware the account had been assigned – did you receive a Notice of Assignment? Was a long time ago, it's possible but in now way would I have a copy of it as apparently was back in 2008 and I have moved twice since that time, though I have sent 2 x cca requests and neither have been acknowledged or responded to. Did you receive a Default Notice from the original creditor? Unaware of such, would have been in 2008 if done and moved twice since then. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No 100% not the case. Why did you cease payments? the last payment made was 2nd June 2011, I ceased paying further due to no response from CCA requests and account was put into dispute. What was the date of your last payment? 2nd June 2011 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, I entered a DMP through Payplan and the last payment made by them on my behalf was 2nd June 2011 as informed by them when I queried this back in November 2016. I still have the proof of posting and payment for CCA and Postal Order from November 2016. I sent a CCA request in 2010, no response. My last payment through my DMP was 2nd June 2011 due to not ever receiving a response to my 2010 CCA request. Link have not had any further acknowledgement since that point or anything since that point from me I sent a CCA request in November 2016 due to receiving a LBA in November 2016. No response. I have now received in the post a Claim Form. It is my understanding this is now Statute Barred as the last payment made and any acknowledgement made toward this debt was June 2011. My view here is that the numbers they have entered are also wrong... what sort of figures are these they are claiming on the particulars?.. . I am figuring just send a statute barred defence, could you advise if this is how it should be approached. I am currently reviewing threads like this on the site too and looking up statute barred defences.

Thanks dx

Not had a response yet and doubt I will as 30th August will be the 33 days so currently looking liken it will be stayed. Should Arrow still be sharing defaults every month on my credit file and also they changed the amount on the credit file to now include the court fees etc. Is this correct and is there anything I can do about this?

Thanks dx. I am reading quite a few in the legal success section too. I just wanted to get clarification / peace of mind really. Makes sense now thank you.

ok. So if it does get auto stayed. What happens then? nothing, it just hangs there?.. Trying to understand.