Name of the Claimant - Motormile Finance

Date of issue – 28/04/2017

Date to acknowledge - 16/05/2017

Date to defence - by 4pm 30/05/2017

What is the claim for?

1.the defendant owes the claimant £100.00 under a regulated loan agreement with ariste holding ltd t/a cash genie dated 30/05/2014 and which was assigned to the claimant on 27/04/2016 and notice of which was given to the defendant on the 27/04/2016 (debt).

2.despite formal demand for the payment of the debt the defendant has failed to pay

and the claimant claims £100.00

and further claims interest theron pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at

the rate of 8.00% per annum amounting to £8.00

What is the value of the claim? £183.00

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Payday loan

When did you enter into the original agreement before or after 2007? After 2007

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? Motormile Finance

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that she remembers.

Did you receive a Default Notice from the original creditor? Not that she remembers.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that she remembers.

Why did you cease payments? Couldn't afford the repayment

What was the date of your last payment? No payments ever made.

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? No

I am assume its another case of Acknowledge service and send out a CPR and CCA?

Ahoy,

Well, after fending off two Lowell cases this year already she has now had one for Motormile Finance.

Not a good year for her.

I wonder what has made them all come out of the woodwork and try shenanigans.

She claims to have no recollection of this particular debt

although she had a few payday loans and I know the same companies trade under various different names

said she had a letter or two from MMF and it made no mention of the original creditor.

I looked into this one (Cash Genie) and see they ceased trading 3 months before this debt was assigned and there are a lot of debtors making claims against them and getting refunds from them (the website for them listed how to claim).

I struggle to see how anyone with a degree in Law can have such bad grammar and presentation when it comes to these claims or if its done by random spods how they can allow them to do so in their name.

yep

they would have purchased the old debt.

dx

Not sure why you think a DCA would have or require a degree in law to issue a claim...its just some random back street office in Bradford:-D

Andy

Moriarty "Law" might be owed my a non-lawyer as an ABS Law Firm but they do have them employed to do the legal work. I make no comments about the type of person that would do that kind of work though

please note your revised dates in post 1

They dont need any legal representation/solicitors/lawyers/paralegals unless you defend a claim...then its rent a solicitor time who will have 5 mins to study the claim before the hearing.

Motormile are not known to go legal as they normally do payday loan dubious debts.

Or are they simply doing a scatter gun approach hoping to get judgements by default?

scatter gun

several here already

please note your revised dates in post 1

Thanks for that, I have managed to get those wrong one every one of these so far haha.

CCA and CPR both sent off.

She had a letter from Moriarty on Saturday stating they had started proceedings at county court but she could resolve the matter by phoning them, heh good luck.

On a separate note,

on the two previous Lowell claims the CCA was not followed up on and they just kept the pound.

Obviously she doesn't want them to follow up on it but I was just wondering if most of these cases are the same in that regard? Anyone ever get the documents or the pound back?

Quite a few threads here ( in particular Arrow) that return the fee and state its not required...assuming that this avoids their legal responsibility to comply with the request...which it does not.....simply attach a copy of their letter refusing payment...the request is still legal and they remain in default until compliance.

Well, an actual response, unlike the two lowell claims.

A letter from MMF returning the £1 postal order and including a copy of the consumer credit agreement, which has her name and address at the top.

It then states "Unfortunately, Your account has now been transferred to our legal department Moriarty."

So, MMF have actually done what what requested it seems. Just wait and see if Moriarty respond?

Scan and upload the agreement (redacted)

Andy

Here you go.

CCA reponse MMF.pdf

So on line application.

Letter from Moriarty Law with the following documents -

guess that they are not just going to go away so time for a defence?

Whats the play?

Looks like Moriarty provided the same copy of the agreement as MMF but there is no Notice of Assignment or Default notice from Cash Genie.

There is an email from MMF telling us they have purchased the account and a statement of account from MMF but nothing from Cash Genie who are the original creditor.

ML Docs.pdf

Of course they're not going away they have paid to issue a court claim.....only a defence will stall/stop it.

As long as one of them have informed you of assignment.....thats legally acceptable.

Andy

Is E-mail a legal form of assignment? Is the Statement of Account the same as Default Notice or can it serve as such?

What should I be basing the defence on?

It can be yes as long as the Notice of Assignment contains all the prescribed points.

No a statement of Account is not a valid Default Notice served pursuant to sec 87 (1) and 88 CCA1974

http://www.legislation.gov.uk/ukpga/1974/39/section/88

What are the prescribed points for a notice of assignment.?

Section 136 and 137 of the Law of Property Act 1925.

http://www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/137

Ok, so I think its valid even if the spirit of the law seems to be a written letter rather than an e-mail(cant really blame them as there were no e-mails in 1925).

Whats the basis of defence for the claim?

Well you will have to do a little legwork John and read other similar threads where a defence has been submitted.

We will guide you but this is a self help forum.

In this case they seem to have supplied the documents asked for, so cant really go down that route.

Or can I?

They seem to have complied with the CCA and CPR, but does the lack of a default notice mean they are still in default of the section 77(?) request?

I also saw on the Court paperwork they list they make no mention of a default notice being served, is that something to look at?

Looked on her Clearscore and MMF are listed as a closed account as of August last year,

does that make a difference?

According to that she was making regular payments on it from May 2014 to May 2016(she was not).

What other avenues of defence should I be looking into?