Kearns Solicitors Letter of Claim & Link Financial Court Defence (Don't Pay Yet)

Overview: Why Kearns Solicitors Is Writing to You

If you have received a Letter Before Claim, Pre-Action Protocol Letter of Claim, or an official N1 County Court Claim Form from Kearns Solicitors (registered at 36 Park Place, Cardiff), you are dealing with the captive debt litigation law firm operating alongside Link Financial Outsourcing Limited.

Kearns Solicitors almost exclusively litigates bulk consumer debt portfolios purchased by Link Financial's Luxembourg and UK investment vehicles—most frequently listed on court paperwork as:

• LC Asset 1 S.à r.l. or LC Asset 2 S.à r.l.
• IDR Finance UK II Limited
• Link Financial Outsourcing Limited (trading as Asset Link or Thesin)

These portfolios consist of older defaulted credit cards, personal loans, motor finance shortfalls, and overdrafts originally issued by MBNA, Barclaycard, Lloyds Bank, Halifax, Virgin Money, Creation Financial Services, and zensar/subprime lenders. Because Link Financial acquires thousands of accounts via digital data tapes—often through offshore Luxembourg securitisation vehicles (`LC Asset 2 S.à r.l.`)—Kearns Solicitors routinely issues pre-action letters without holding the original executed credit agreement or a compliant chain of assignment.

3 Critical Statutory Defences Against Kearns Solicitors & Link Financial

graph TD
    A["Kearns Solicitors / Link Financial Action"] --> B["1. Pre-Action Protocol 30-Day Statutory Freeze"]
    A --> C["2. Section 77/78 CCA Request (12-Working-Day Bar)"]
    A --> D["3. LC Asset S.à r.l. Chain of Assignment & CPR 31.14"]

    B --> E["Return Annex 1 Box I Within 30 Days -> Blocks Court Issue"]
    C --> F["No Original MBNA/Barclaycard Agreement -> s.78(6) Unenforceable"]
    D --> G["Must Prove Deed & Written Notice of Assignment Under s.136 LPA 1925"]

1. The 30-Day Pre-Action Protocol Freeze (If You Received a "Letter of Claim")

Before Kearns Solicitors can lawfully issue a County Court Claim Form in England and Wales, they must comply with the Pre-Action Protocol for Debt Claims (Ministry of Justice Practice Direction):

• Your 30-Day Window: You have 30 calendar days from the date at the top of the Letter of Claim to return the enclosed Annex 1 Reply Form.
• How to Trigger the Mandatory Court Freeze: Complete Section 1 (Box D: "I dispute the debt") and Section 4 (Box I: "I need more documents"), demanding:

1. A true copy of the executed credit agreement and all variation terms under Sections 77–79 of the Consumer Credit Act 1974;

2. A copy of the Section 87(1) Default Notice served by the original lender;

3. The complete Notice of Assignment and proof of transfer to LC Asset 1 / LC Asset 2 S.à r.l. under Section 136 of the Law of Property Act 1925; and

4. A full itemised statement of account showing how the balance was calculated.

• Legal Effect: Under Paragraph 5.2 of the Pre-Action Protocol, Kearns Solicitors cannot start County Court proceedings while they are retrieving those documents, nor until at least 30 clear days AFTER they have provided them to you.

2. The 12-Working-Day Section 77/78 Consumer Credit Act Bar

Simultaneously with your Pre-Action Reply Form, serve a formal Section 77/78 CCA Request enclosing an endorsed £1.00 Postal Order directly on Link Financial / LC Asset (via Kearns Solicitors).

• Under Section 77(6) and Section 78(6) of the Consumer Credit Act 1974, if Link Financial fails to supply a compliant copy of the executed credit agreement within 12 working days, the debt is legally unenforceable in any UK court while the default continues.

3. Challenging Offshore `LC Asset S.à r.l.` Assignments & Statute-Barred Debts

Because Link Financial frequently holds legal title inside Luxembourg special purpose vehicles (LC Asset 1 S.à r.l. or LC Asset 2 S.à r.l.) while servicing accounts through Link Financial Outsourcing Ltd in Caerphilly/London, their Particulars of Claim often suffer from defective pleading:

• Chain of Assignment (s.136 Law of Property Act 1925): Put the claimant to strict proof that valid written notice of absolute legal assignment was served on you for every transfer from the original bank to LC Asset.
• 6-Year Limitation Audit (s.5 Limitation Act 1980): Link Financial is notorious for chasing legacy accounts that defaulted 6 to 10+ years ago. If 6 consecutive years (or 5 years in Scotland under the *Prescription and Limitation (Scotland) Act 1973*) have elapsed without a payment or signed written admission, the claim is statute-barred and legally dead.

Verified Kearns Solicitors & Link Financial Corporate Profile

What If Kearns Solicitors Has Already Issued an N1 County Court Claim Form?

If you have received an official blue/white Form N1 Claim Form from the Civil National Business Centre (CNBC / Northampton CCBC) naming *LC Asset 1 S.à r.l.*, *LC Asset 2 S.à r.l.*, or *IDR Finance* as Claimant and *Kearns Solicitors* as Address for Sending Documents:

graph TD
    A["Receive N1 Claim Form From CNBC (Day 0)"] --> B["Step 1: File Acknowledgement of Service Online Within 14 Days"]
    B --> C["Step 2: Serve CPR 31.14 Request on Kearns + s.78 Request on Link"]
    C --> D["Step 3: File Holding / Statute-Barred Defence Before Day 28 (33 From Issue)"]
    D --> E["Kearns Must Discontinue or Apply to Lift Stay With Full Proof"]

1. Extend Your Deadline to 28 Days Immediately (CPR Part 10): Log into Money Claim Online (MCOL) within 14 calendar days of service (19 days from the Issue Date printed on the form) and file an Acknowledgement of Service ticking *"I intend to defend all of this claim"*. Do not type your defence into the box yet—filing the Acknowledgement automatically doubles your defence window from 14 days to 28 days from service (33 days from the Issue Date).

2. Serve a CPR 31.14 Disclosure Notice on Kearns Solicitors: Send a formal request under Civil Procedure Rule 31.14 to Kearns Solicitors at *36 Park Place, Cardiff, CF10 3DP* demanding inspection within 7 days of every document mentioned in their Particulars of Claim (the Credit Agreement, the Default Notice, the Deed/Notice of Assignment, and Statement of Account).

3. Serve a Section 77/78 CCA Request on Link Financial / LC Asset: Send a separate statutory CCA request with an endorsed £1.00 Postal Order via Royal Mail Signed For.

4. File Your Written Court Defence Before Day 28: If Kearns Solicitors fails to produce the compliant credit agreement, Section 87 Default Notice, and Notice of Assignment before your 28-day deadline, file a formal Section 78(6) & CPR 31.14 Non-Compliance Holding Defence (or a Section 5 Limitation Act Defence if over 6 years old). Once filed, if Kearns cannot find the paperwork within 28 days, the claim is automatically stayed (frozen) by the court!

Frequently Asked Questions

Unlock the Complete Kearns Solicitors, CPR 31.14 & Court Defence Pack

Facing a 30-day Letter of Claim or a 14-day County Court Claim Form from Kearns Solicitors? Unlock instant access to the UK Credit Secrets Private Members Area (£29.99)—including our Pre-Action Protocol 30-Day Freeze Bundle, CPR 31.14 Solicitor Disclosure Notice, Holding & Statute-Barred Court Defence Templates, and Form N244 CCJ Set-Aside Masterclass.