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    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
    • J, I just numbered them like that; once the witness statement is made, I'll add it to the pages.   The court date has been set as 02 July 2024. Please find attached V6. I will send an unredacted to the email.  claim budle_V6.pdf
    • I'm afraid that I have tried downloading it three times and each time I am getting an error message. Would you mind scanning it again please and uploading it again. I understand that JK has managed to open it but others may not. Thanks
    • I can see that.   In this case, I'd email both that receipt and your tracking label to evri's small claims email and say that is the information you have.   They'll figure it out from there I'm sure
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MMF/Moriarty - Does a complaint stop a DCA persuing a debt?


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Hi,

 

Just wondering if I make a complaint about irresponsible lending will that halt any action being taken on a debt?

 

Had 3 letters from Moriarty Law re Motormile for old payday loans with Northway Broker Ltd to my ex's mums house. This was in June!

 

Have only just been told by ex's mum that she opened these letters and that she told them I dont live there anymore.

 

The letter states 'In the event we do not hear from you within the next 14 days we have been instructed to issue proceedings without further reference to yourself.'

 

Now as I say this was in June. They havent been in touch since but worried about them going to another previous address and trying to do a ccj there.

 

There are three separate loans -£286.47 £218.75 and £318.96

 

Not sure how to move forward with them any ideas would be great thank you.

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They would have to issue a court claim to the last address you provided. So if you don't want a court claim to go to an old address, you need to provide your new address to them.

 

If you submit a complaint, then yes they should respond to that, before they can chase the debt further or issue a court claim.

 

How old are these loans ?

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moved to the MMF forum

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Im not entirely sure tbh, round about 2012-2013 I think. I stopped paying them all years ago to leave the PDL cycle but seems a few are starting to catch up with me now :oops:

 

Im trying to pull my head out of the sand and get them all dealt with before they all turn into CCJs. And hoping for a few refunds in the process.

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A complaint about the DCA's behaviour (on its own) won't stop them persuing.

 

A complaint about the original lender's behaviour that might lead the alleged debt to be for an incorrect sum (such as irresponsible lending) should stop them : there is a real dispute as to if the sum (or any!) is owed.

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yes have you put in an IR complaint to peachy was it?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

They would have to issue a court claim to the last address you provided. So if you don't want a court claim to go to an old address, you need to provide your new address to them.

 

If you submit a complaint, then yes they should respond to that, before they can chase the debt further or issue a court claim.

 

How old are these loans ?

 

Mmmm not sure about that UB.

 

Andy

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Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 3 weeks later...

Sorry I never came back to this was without internet and quite ill with kidney issues :(

 

Thanks for the advice given so far.

 

Im trying to tackle all payday loan debts before I have another CCJ to deal with.

 

This one wasnt peachy original lender was swift sterling.

 

I have not heard from them again since they were told I dont live at the address ..

.. Not sure what to do about them.

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irresponsible lending complaint

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I had a couple of emails from MMF advising that they would be pursuing an outstanding Lending Stream debt and register a default asap. As I have started Irresponsible Lending complaints with Lending Stream and another 16 Payday loan providers, I emailed them and they replied that they would suspend all action for 30 days. After 30 days, they require an update on the progress of the complaints for the debts they are chasing for.

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I had a couple of emails from MMF advising that they would be pursuing an outstanding Lending Stream debt and register a default asap. As I have started Irresponsible Lending complaints with Lending Stream and another 16 Payday loan providers, I emailed them and they replied that they would suspend all action for 30 days. After 30 days, they require an update on the progress of the complaints for the debts they are chasing for.

 

Thanks for the info. I havent heard from them since but thinking maybe I should get in touch with them. As worried about back door CCJ happening. Only problem is I dont actually have an address at the moment ...

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care of address?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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