link/kearns letter of claim - old Halifax Card debt

[Northern86]

Evening all

 

I’m hoping for some advice on next steps for my current position.

 

i had a number of CC’s that were defaulted and sold to various DCA’s.

After lurking the forums for a while during that period I haven’t paid anything towards them and ignored all letters. 
 

However, I received a letter of claim from Kearns solicitors on behalf of Link financial who took over my Halifax CC (£3,975.15). 
 

I knew I had 30 days to reply which I did.

I didn’t accept the debt was mine but opted for Box C stating I don’t know if the debt is mine and requested information back from them (having since revisited the forum I can see I probably should have opted for Box D and disputed the debt). 
 

i requested the following information:

1. A copy of the written contract for the debt; 
2. A full statement of account, including details of all interest and charges included on the outstanding balance of the debt, explaining how they have been calculated, and any payments already made toward the debt; 
3. a calculation of the interest claimed; 
4. the annual or daily rate of interest;
5. a description of the nature and amount of any administrative charges included in the debt; 
6. a copy of the notice of assignment of the debt.

 

I received a letter of acknowledgement back from Kearns and then received all the requested information.

 

The letter stated 

 

“We refer to previous correspondence regarding the above.

Please see enclosed the documentation you have requested.

We have also enclosed a financial statement for your completion, please return to the above address along with an offer of repayment.

 

If we do not hear from you within the next 14 days, we anticipate receiving instructions to commence legal proceedings.

 

If you want to discuss the content of this letter, please do not hesitate to contact us on the above telephone number.”

 

so I just don’t know what my next move is really and would appreciate any advice.

The 14th day is less than a week away so I obviously need to act quick in order to avoid any CCJ? 
 

Many thanks 

 

 

 

 

[Andyorch]

Welcome to the forum.

 

If they did issue a court claim would you wish to defend it ? or would you rather enter into a payment plan with LInk ?

 

If you could post further details of this Halifac CC account ...age amount date of default etc last payment.

 

Andy

[Badtimes123]

Hello and welcome to CAG,

 

Was the letter you received from Kearns a letter of claim? it sounds like it but please confirm. If it was then the process would have been to click this --> letter of claim, and follow post 2

 

There would be no harm in doing the above again as you haven't acknowledged the debt and need to see adequate proof before proceeding.. Note the words in their reply letter "we anticipate..." not "we will"

 

You state a 'number of cc's' - list them out please as per most of the threads you said you've lurked in:

date you opened them

date they defaulted

when you last paid

 

More knowledgeable people will be along in time also to guide you further based on the above answers you give

 

BT

 

[Northern86]

Hi Andy 

 

thanks for replying. I want to avoid court at all costs. 
 

halifax account opened in April 2019, £3,975 on it and defaulted in November 21. Last payment was probably June 21. 

 

Evening @Badtimes123mate

 

Thanks for taking the time to reply.

 

it was 100% a letter of claim yes. 
 

Would a reply from post 2 on your attached link be acceptable after I have already replied to say I don’t know if the debt is mine? I need to reply within 14 days regardless anyway? 
 

I haven’t listed the other Cc’s / defaults simply because I didn’t think it was relevant to this specific case. I’ve had no correspondence from the others, just Link financial / Kearns in this instance. I can of course share this info (first thing tomorrow - currently at work) 

 

Interestingly when I looked on my credit report earlier Link Financial are down as a credit card account. Is this because they now own the debt? I found it strange given they’re not the original creditor. 
 

thanks again, I really do appreciate the effort people make in replying and offering support 

[dx100uk]

typical kearns / link pap reply, does say they WILL be taking you to court READ IT PROPERLY.

 

can you scan up everything they have sent back to you bar statements please

lets see what cards they ARE actually playing with and if its even enforceable.

 

 

[Andyorch]

Quote

 I want to avoid court at all costs. 

 

Then in reality you have already stated your intentions. With the age of the agreement I suspect it will be watertight and Link will be able to provide all the valid docs to support a court claim. Link/ Kearns are quite litigious and I would expect a claim to drop through your letter box. 

 

So your next move would be to respond to their letter and thrash out an affordable payment plan...dont let them call the shots though it must be affordable and manageable ...factor in for the cost of living energy and fuel from October.

[Badtimes123]

You're welcome,

 

No no, you're spot on, let's deal with the urgent one.

 

EDIT: removed my advice because dx and Andy got here

 

I wouldn't pay without seeing enforceable paperwork though by way of a CCA to Link..

 

Good luck

Edited June 9, 2022 by Badtimes123

[Northern86]

Hi @dx100uk

 

exact quote taken from latest letter following pap reply:

“We refer to previous correspondence regarding the above.
Please see enclosed the documentation you have requested. We have also enclosed a financial statement for your
completion, please return to the above address along with an offer of repayment.
If we do not hear from you within the next 14 days, we anticipate receiving instructions to commence legal
proceedings.
If you want to discuss the content of this letter, please do not hesitate to contact us on the above telephone number”

 

I will do my very best to get stuff scanned first thing. 
 

many thanks 

 

Thanks @Andyorch
 

I think due to the potential threat of court I sort of imagined this would be the logical step. If it was standard letters from DCA I wouldn’t engage, but this is different. But the expertise and knowledge on these forums is incredible. 
 

In respect to the income/expenditure form sent out, does this need to be completed on their form? Or could I literally leave it blank but on payment offered on the final section just weird x amount of pound per month? 

[Andyorch]

I wouldn't complete an I&E...ring them up and ask for the appropriate person that is dealing with the account and make an offer...catch them off guard with no script........none of their business your financial position......if you offered £25pm they will probably snatch your hand off.

[Northern86]

Ring Link or Kearns is that Andy? 

[Andyorch]

Kearns.......but upload the docs first thing in the morning before you contact them.

[dx100uk]

i know you say at the start you are a long time lurker, so are probably quite savvy, but, i warn you, kearns will LIE to you on the phone, lost count of the number of times even i helping people have personally witnessed this. they'll say and try anything to scam you out of more money with all kinds of threats they would never put it writing.

 

you've 2 choices,

stick to your offer don't waiver whatever they say.

tell them you are recording the call after they start start messing you around, you don't have to at all tell them at the start, but i've had some amazing deals out of kearns for people if after a while of their crap, i've turned around and said the call is being recorded and i'd be quite happy to forward a copy to the relevant authorities over the threats and untruths your told me during this call.

 

one good result was £35PCM payment on a £22k debt they held all the cards on, agreement everything for the loan. after the 12mts agreed review of those payments came about, they started again to harass the debtor by demanding £560PCM with over 40 phonecalls before they ever sent a letter.

 

complained, reminded them that all calls were logged and recorded and i still had a copy of the org call. they wrote the debt off!!

 

dx

 

 

 

[Northern86]

12 hours ago, Andyorch said:

Kearns.......but upload the docs first thing in the morning before you contact them.

Just trying to sort this now. My original file was 30mb and I have been able to compress it to 6.5mb but it’s obviously still too large a file. I’m using my iPhone to sort this, i don’t really use a laptop at all. Just an iPad and my mobile device. 
 

a lot of what I have on the PDF is repeated month to month. Worst case I will remove some from pages and add in the text field what was there 

[dx100uk]

We dont need statements.

 

Dx

[Northern86]

Along with statements from Dec 20 up until June 21. 

Kearns info-compressed.pdf

[Andyorch]

So the agreement look's standard and valid contains the tick box on line at time of entering the agreement.

The other 3 are Notice of Arrears (Notice of defaults)....not Default Notices...I assume this is showing on your credit files ?

[Northern86]

yes that’s right, it shows as link financial and states it is in default. 
 

 

[Andyorch]

As it ever shown under Halifax as a Default from Dec 2020 ?

[Northern86]

Halifax is on there but there’s a note saying the lender has sold the debt to another member of information sharing scheme. The old account will have been closed and the new active account will show in the name of the lender who has bought the debt (now showing as link). 
 

on the report it is showing Halifax as opened April 2019 and defaulted June 21. 

[Andyorch]

Okay well I see Dec 2020 the arrears started and they recorded it June 21.  Cant see any loopholes in the docs so go with plan A in post# 9 get the ball rolling on Monday...come back if you are unsure of anything and dont agree anything until advised here.

[Northern86]

Last one from me this evening Andy (I promise!). 
 

with regards to the “if we do not hear from you within 14 days . . . “ statement on the Kearns document. Is this any form of contact I.e would a phone call on Monday mean they have ‘heard from me’ or does this have to be via means of mail? 
 

Thanks again mate 

[dx100uk]

Matters not.

 

[Andyorch]

Well your ringing them as discussed so that's irrelevant as its irrelevant even if you did write.

[Northern86]

Just a quick update.

 

spoke to Kearns yesterday who weren’t great really. Explained I was wanting to offer a monthly payment for the debt. The handler or whoever it was on the phone said she the income and expenditure form needed to be complete (can be done over the phone). I didn’t have all info at hand / knew it off the top of my head so explained I would need to call back.

I can get the info required of course but wondered if there will be any benefit in ringing link financial to offer the repayment?

 

Thanks all 

[Andyorch]

You are not legally obliged to divulge that information .....you wish to make an offer and set up a monthly payment their refusal is frustrating your attempts to settle the debt. I would now put it in writing so you have evidence (papertrail) that they are refusing to cooperate.

 

Copy your letter to Link and mark on the CC Link