Hi there all

New to the site - but would welcome some urgent advice.

I had a payday loan with Uncle Buck back in 2010, which I had to rollover on several occasions because of debt problems.

I thought everything had been paid off, I moved home a couple of times, got married, changed banks, got on a better financial footing etc. All ok in the world.

My postman has handed in 2 letters today

- both are for addresses which do not exist (it's using the area as a street name which is wrong), and which I have therefore never lived at.

The postcode & house number is right, but the address is plain wrong.

He has tried my address as the other people on other streets have no idea where it's meant to be.

by sheer luck - I have received a letter from Moriarty Law, on behalf of MMF (an old Uncle Buck debt) saying that despite earlier letters advising of x, y, z they are issuing proceedings in the County Court against me. And, he has also handed me a claim form from the County Court from MMF for the debt of £350 plus over £100 of costs! The court claim form is also for a wrong address (not just that I have never lived there but it does not exist).

Here's the rub

-IF , I do owe the debt I have no problem paying it off.

I have no problem facing up to my responsibilities, and happy to pay.

I am also in a fortunate position of being able to pay it off (although it will hurt to do so in one fell swoop), which I know not all are.

However, I do not want a CCJ, AND, I cannot see how it is fair that I pay over £100 of costs and interest when I have never heard of a single thing for years from anyone until now.

What's worse, is that I am going abroad with work next week for 2 weeks so won't be able to do anything and time is ticking (forms issued on 24th August).

Moriarty Law are telling me to call them to amicably resolve the matter

- but I have been reading online today that this seems an ill-advised course of action.

I just want things sorted this week - even if I just take it on the chin.

1) How do I get the court action stopped?

2) The claim form/admission form - I ideally don't want to fill that stuff in, as I don't like the idea of someone holding my personal information somewhere.

3) If I just offer to pay Moriarty Law say £250 now, will they likely accept and cancel everything with the court?

I don't want to pay even more interest when I paid the buggers a load of interest 5 years ago!!

4) How best do I communicate with Moriarty Law - and what's the best way to contact the court?

I have worked hard to get myself onto a firm financial footing and an old CCJ is about to be removed from my file in the next year,

I cannot have another one tagged on after all I have done.

Please, can someone advise me - I would be eternally grateful.

Many thanks

NL

MMF up to their usual tricks i see. File a claim withi the court, then tell you to discuss it with MMF to come to an agreement. Meanwhile the claim is still progressing and they get it by default. They then ignore your talks with them and go for the throat.

Theyve already been heavily punished for doing this, and it looks like they havent learned.

You say you recieved the claim pack, what exactly have you done so far, because you have a strict time limit to adhere to.

following,

is the claim form official at all, or is it a generic from them?

the reason I ask, is that there are time limits to responding if its from Northampton.

If its official ( or looks to be ) can you post up date of filing, so someone can advise the next course of action. (IE, 28 days to file acknowledgement ). then we can look at what to send mmf in regards getting paperwork from them.

Do you know last time you made any payment?

Have you checked your credit history to see if this is on there?

Hi and Welcome to CAG

If you could read the following link which explains the process and also copy and paste the Q,s and responses back here for further advice on how best to proceed with the claim.

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

Regards

Andy

Hi - thanks for the reply. I have done absolutely nothing as I got it this morning. Went straight online - am trying to keep this away from my wife as she'd fret like anything about it.

Hi and Welcome to CAG

 

If you could read the following link which explains the process and also copy and paste the Q,s and responses back here for further advice on how best to proceed with the claim.

 

Regards

 

Andy

Will do shortly - thank you!

Name of the Claimant ? Motormile Finance

Date of issue – . 24th August 2017

What is the claim for –

1. The defendant owes the claimant £350 under a regulated loan agreement with Uncle Buck dated 01/11/2010 and which was assigned to the claimant on 01/02/2013 and notice of which was given to the defendant on the 01/02/2013 (debt).

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

3.and the claimant claims £350

and further claims interest thereon 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 £28

What is the value of the claim? c.£450(including costs)

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Payday Loan

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

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

Were you aware the account had been assigned – did you receive a Notice of Assignment? No, first I was aware was a letter from Moriarty Law dated 24th August 2017 same date as Claim Form from County Court

Did you receive a Default Notice from the original creditor? I am not aware of having received one.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? I was not aware that I had - I had a rolling agreement and the same bank account

What was the date of your last payment? Not sure, possibly 2012

Was there a dispute with the original creditor that remains unresolved? Not from my perspective

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? No

Thank you everyone for your kind replies.

Many thanks...now refer back to that link and follow the instructions to send a CPR 31.14 and CCA (section 77 request) all the instructions are provided within the templates.

Many thanks...now refer back to that link and follow the instructions to send a CPR 31.14 and CCA (section 77 request) all the instructions are provided within the templates.

Thank you Andy - hugely appreciate your time taken on this.

Have done this and will go and send these recorded delivery tomorrow.

To check, the CCA Section 77a goes to MMF, and the CPR 31.14 goes to Moriarty Law?

Just a couple of quick queries;

and I would be grateful for your help.

Time is a precious factor in all this for me,

as I won't be able to do anything for a fortnight as of this weekend with work.

In the long run, if the debt is valid

- by doing this am I likely to forfeit the opportunity of a quick settlement & removing the involvement of the courts?

Will I not just get Moriarty Law/MMF's backs up?

What do I do with the court claim form

- do you recommend that I respond to the claim form online on the moneyclaim website link on the Court Claim Form?

Is that sufficient?

What else do I have to do?

I'm sorry - it's all rather new and a bit daunting and I just want to do things properly.

Many thanks.

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

........................

once you've done the above you are relatively safe until your defence is due

which is 33 days from the 24th august so by 4pm sept 25th.

you do not miss filing whatever happens!!

you don't need the claimform for anything other than reference now

use the on line portal at MCOL website

what you are doing will not upset MMF or limit your options

infact it will probably make them think twice!

just remember its purely a speculative claim hoping for a default non contested judgement not seen by any human being

just for ref

they've issued 1000's of these claims look here for them same forum

we've not lost one yet!

it might be worthy to ensure you update your address on MCOL too so you get any later documents or court letters sent to the right place.

dx

That is great - thank you so much. I really appreciate your help.

Have registered online and done the MCOL stuff as you said. Going to post office tomorrow - haven't bought a postal order in years

Will keep you in the loop - thank you again.

were you able to update your address on mcol ok?

dx

" In the long run, if the debt is valid

- by doing this am I likely to forfeit the opportunity of a quick settlement & removing the involvement of the courts?

Will I not just get Moriarty Law/MMF's backs up "

If you dont defend it..you will automatically get a CCJ...and by defending it will be the only way to ensure opportunity of a quick settlement & removing the involvement of the courts

And to add to the above, thats IF the debt is actually enforceable.

were you able to update your address on mcol ok?

 

 

dx

Hi, sorry - am just back from the Continent.

I did update my address - thank you very much for asking - on the MCOL site. FYI - I have not received anything in the post from Moriarty Law/MMF.

I have proof of delivery - the MMF one is fine, but the Moriarty Law one says it was either delivered or to a neighbour....?? I have a name of someone who signed - but am I to assume this is ok?

Now, I have noticed that I have Response Forms to fill in on the MCOL website. I assume that the form I fill in is the Start Defence form. Would one of you lovely people be able to give me some pointers please? Do I claim that I have paid it or that I am not due and fill in the 122 word claim, and if so what should I write?

Now its time for the self help to kick in..this being a self help forum and start looking at other threads ...preferably same claimant same type of debt and look at other posters examples of defences submitted.

Have a go at drafting your defence and post here .....we will advise if any amendments are necessary.

Andy

Thanks Andy - apologies, I did not mean to be lazy. You are right. Just a bit in awe of it all.

Now, to add to things

- I have had a letter in this morning from MMF.

Interestingly, they have provided details on something totally unrelated to this Uncle Buck claim, but another account going back to 2011!!!

This was for a claim for an old payday loan from Swift Sterling

- which I offered to clear up and settle in 2011 with Clarity and a payment proposal but heard nothing since then.

I'll be honest - had clean forgotten all about it.

I assume MMF then bought the debt?

On 2 points; and I ask the question only

- as I have not heard from Swift/Clarity for over 6 years is this now statute barred?

Also, because they havent been able to send me the correct details

- is my court claim with Uncle Buck likely to be kicked out now?

Should I upload a copy of the incorrect details from MMF to the MCOL site?

my stab at things would be as follows - have amended some of the more sensitive details in case anyone from there is looking!!

1. The defendant owes the claimant £350 under a regulated loan agreement with Uncle Buck Finance LLP. Dated 2010

2. Which was assigned to the claimant on 2013 and notice of which was given to the defendant on the Same Date 2013 (Debt).

3. Despite formal demand for payment of the debt the defendant has failed to pay the claimant claims £XXX and further claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £28.

What is the value of the claim? c.£450

#######Defence#######

1.The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. Paragraph 1 is noted , I have in the past had financial dealings with Uncle Buck. I do not recall the precise details of the agreement that this claim relies upon and have sought clarification from the claimant and as of this date has failed to comply.

3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served in 2013 from either the Claimant or Uncle Buck.

4.It is therefore denied with regards to the Defendant owing any monies and therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for.

To date the Claimant has failed to comply to my section 77 request with regards to this specific claim but has provided details of an unrelated agreement from 2011 and their solicitors, Moriarty Law, have failed to comply to my CPR 31.14 request.

6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief

Fine...just a few amendments which I have made above .

Regards

Andy

Andy, many many thanks to you and to dx100uk for you help.

As an aside, this old Swift Sterling account that they have sent through.

This is probably bona fida - I did offer to repay on a structured plan and they had my card details but heard nothing back

(I do most of my comms through email)

as it's over 6 years since their last communication to me on this, and they didn't respond to me.

To be honest, I had totally forgotten about this.

Do I tidy up the loose ends and advise them separately that this is statute barred now,

or do I do the honest thing and re-engage a payment plan?

if its SB its SB'd. end of

Hi folks

Well, I got a reply - I have been issued with a Notice of Proposed Allocation to the Small Claims Track.............so it looks like they are contesting it.

Positively terrifying!!!

I have still never received a copy of the correct Section 77 request as I had requested - no copy of the signed agreement etc; is this grounds to defend alone? Would the court details also be published online/publicly?

I really don't want this in the wider public domain. Am I best negotiating a settlement out of court? If so, what kind of % do the buggers usually accept?

Hi folks

 

Well, I got a reply - I have been issued with a Notice of Proposed Allocation to the Small Claims Track.............so it looks like they are contesting it.

 

Positively terrifying!!! Why ?

 

I have still never received a copy of the correct Section 77 request as I had requested - no copy of the signed agreement etc; is this grounds to defend alone? Yes Would the court details also be published online/publicly? No

 

I really don't want this in the wider public domain. Am I best negotiating a settlement out of court? If so, what kind of % do the buggers usually accept? Your choice

Andy

doesn't mean its going anywhere

std court form.

nothing to be scare over ...dentist is worse

Sorry folks - my internet's been down for the last 3 days. Just sorted yesterday. Virgin Media

Andy & dx - thanks again for coming back to me.

I will contest as per previously, on the grounds of them being unable to substantiate their claim and having not provided any documentary evidence to support this.

I'll have a go at the letter - seems fairly straightforward.

I'm just not used to any of this, as I've always kept my nose clean so anything involving courts is a bit daunting to be honest.

You guys are a great help. It is hugely appreciated. If I'm not sure on something - I will ask if you don't mind.

Once all sorted - either way! - I will also make a paypal contribution to the site - and would recommend that anyone else who reads this, does this too.

Hi all

Just to say - I got a letter through from Moriarty Law (I am due for mediation call this week), but they have again sent this to a wrong address but thankfully it has made its way to me!

It included the following;

1) They have sent me a copy of a letter

- which I have never received

- which states that the debt has been transferred to MMF but it is not a CC or a photocopy.

It is printed on plain paper, so could have been knocked up yesterday for all I know.

2) I have a signed copy of my credit agreement dated 2010 and original direct debit

- but which relates to the original smaller loan which I rolled on,

and increased subsequently on several occasions (No details of this).

3) A copy of my bank statement which I provided back in 2010.

Is this sufficient for them to progress folks - and claim the debt?

Thanks in advance!