Claim Form Received - Kearns Solicitors - Link Financial - Barclaycard

[MrsH]

Hello,

I am posting on my partner's account as I need some advice quickly and my AAD account has not been approved to post.

I have received a claim form from Kearns Solicitors for an old Barclaycard Debt of 2593.86 that was originally with Link Financial.

I will admit there has been some element of burying my head in the sand with this particular debt as I found Link impossible to deal with, I made multiple attempts to get this debt into a payment plan but the debt seems to have been passed from pillar to post and in all honesty I lost track.

I do have other debts that are in payment plans.

I have been on the 'Money Claim' Portal and requested to extend the period to reply to 28 days.

The issue date of the claim was 30th March 2023.

Some advice would be greatly appreciated as I really need to avoid this resulting in a CCJ.

I contacted Kearns on 7 February 2023 to try and avoid this going to court but had no response.

Many thanks

[The Tech Clerk]

your case have a word with Colin G Quinn

If you need to contact me you can send a message by clicking on my username or by emailing me at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

• Type of account:
• Date commenced:
• Approx balance:
• Date last paid:
• Are you on arrangement or not paying:
• Status: Account default:-
• Account owner :
• CCA received:

[MrsH]

your case have a word with Colin G Quinn

If you need to contact me you can send a message by clicking on my username or by emailing me at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

• Type of account:
• Date commenced:
• Approx balance:
• Date last paid:
• Are you on arrangement or not paying:
• Status: Account default:-
• Account owner :
• CCA received:

Hi Colin,

Thanks for your quick reply, please see below;

• Type of account: Barclaycard
• Date commenced: 14/04/2014
• Approx balance: 3007.70 (this is inclusive of court fee etc)
• Date last paid:27/02/2020
• Are you on arrangement or not paying: No arrangement or plan in place
• Status: Account default:- Default/Claim Form Received on 30th March 2023
• Account owner : LC ASSET 2 S.A.R.L
• CCA received: No agreement received although they are saying they have it on the court form

Many thanks

[The Tech Clerk]

Colin G Quinn

[MrsH]

Colin G Quinn

I have filed the acknowledgement of service with the county court and now have 28 days from the date of service which I believe is 5 days after the claim date of the 30th of March.

Any advice on what I should be doing?

I'm starting to panic a little.

[The Tech Clerk]

did you speak to colin?

[The Tech Clerk]

did you tick defend all ?

[Still Waving]

Best to ask for advice EARLY, and before taking any action. I think you now need to speak to Colin at JCS, with detailed account of this debt (initial advice is free).

You could also send a Subject Access Request to the original creditor (Barclaycard) to see just what information is available to Kearns. However, due to timescales you may not receive the SAR bundle in time to assist, as they have 1 month to provide the information.

[The Tech Clerk]

Enter Date


Dear Sirs,


Reference:


Subject Access Request - S.7 Data Protection Act 1998


Under the Data Protection Act 1984 and 1998 also 2018 in particular to “Article 15 of the UK GDPR 2021.

Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements.


Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and that I am entitled to under section 7(1) of the Act.


If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form. To include any Microfilch records.


Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.


If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.


You have 30 days in which to comply.


Sign and send make sure get free Proof Posting from post office.

Keep a file of everything in date order including and receipts to letters posted.

[MrsH]

did you speak to colin?

I have fired off an email to Colin and I did tick 'Defend All' I only submitted the AOS as a time buying exercise, thanks for all of your advice, I shall update when I hear from Colin.

[MrsH]

did you speak to colin?

UPDATE.

I have spoken to Colin and my defence has been submitted to the court for this matter - I will update people as and when we see where this goes.

On another note who is best to speak to about getting my account authorised to post on the forum I am currently on my wife's account who is now debt free and I intend to get my house in order so I think I need my account and start this debt-free journey of mine.

Thanks in advance

[Still Waving]

UPDATE.

I have spoken to Colin and my defence has been submitted to the court for this matter - I will update people as and when we see where this goes.

On another note who is best to speak to about getting my account authorised to post on the forum I am currently on my wife's account who is now debt free and I intend to get my house in order so I think I need my account and start this debt-free journey of mine.

Thanks in advance

I think you need to contact Niddy (Never in Doubt) at webmaster@all-about-debt.co.uk