Hi All,

My partner took out a pay day loan agreement with Peachy on 31.10.2013 for £662.

She has had sporadic bouts of employment through the following years and the debt was assigned to

MMF on 3.01.2014 of which they allege they sent notice.

She has been bullied by Moriarty Law and has this very week been sent a letter from them saying she has 14 days to come to an arrangement or they will apply to Northampton for a CCJ.

This weekend, she has received the paperwork from Northampton CC.

The solicitor has filed for the original debt of £662 plus interest of 52.96 plus their own costs bringing the total to £844.96.

Currently she is claiming ESA, although she is trying to start a small business herself and would rather avoid a CCJ, she has no other debt apart from the mortgage and a car loan that is finishing this November.

Do I now log on and file an AOS and then have 28 days from then to present a defence? If so, what sort of defence (I am reading through this site as I write)?

Would it also be prudent to send a letter disputing the procedures followed by Peachy/MMF for providing the initial loan without taking into account all of her circumstances?

I know she buries her head in the sand with these types of things and does not know which way to turn (that's not to say I am a legal expert either!).

Many thanks for your help and guidance on this.

PB

HI PB

Welcome back to CAG

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

Copy first post - Answer questions and post back here...Then we will have a look and see what we can do... We are seeing more and more of these PDLs going to court and it is disturbing, but we will see if we can help

Also once done - Please search the forum for MMF and see how others are dealing with them

Name of the Claimant ? Motor Mile Finance (Originally with Peachy Payday Loans)

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Date of Issue 19th September

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIM FORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

What is the claim for – the reason they have issued the claim? The defendant owes the claimant £662.00 under a regulated loan agreement with Cash on the Go Ltd T/A Peachy dated 31.10.2013 and which was assigned to the claimant (MMF) 3.1.2014 and notice of which was given to the defendant on 3.01.2014 (debt). Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £662 and further claims interest thereon pursuant to section 69 of the County Court Act 1984 limited to 1 year to the date hereof at the rate of 8% per annum amounting to £52.96

What is the value of the claim? £844.96

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? The claim is for a 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. It is the Debt purchaser who has issued the claim

Were you aware the account had been assigned – did you receive a Notice of Assignment? I cannot recall a letter stating that the account had been assigned

Did you receive a Default Notice from the original creditor? I cannot recall having a default notice from the original creditor

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No i have not received any statutory notices

Why did you cease payments? I was under immense financial strain and even had to stop paying the mortgage

What was the date of your last payment? I cannot recall

Was there a dispute with the original creditor that remains unresolved? No dispute was entered into

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I did explain to the original creditor the circumstances but nothing ever came of it.

Have you acknowledged the claim on MCOL?

HB

Hi honeybee,

I have acknowledged the claim on MOL and I have also sent a recorded letter (from the templates on here) to both MMF (who have only sent back the agreement and no statement) and to Moriarty Law who are their legal representatives I have sent the CPR request (they have not returned anything as of today).

Thanks for your help

PB

Does anyone have an idea of what I do next?

Nothing.,..... apart from read and read and start looking at examples of other users defences....your defence submission is your next task.

Andy

Hi Andy,

Many thanks, I have looked around the site and have seen a few posts that I hope will help me out.

Do you know of anyone on here who is good at writing the defence?

Cheers

PB

Hi Andy,

 

 

Many thanks, I have looked around the site and have seen a few posts that I hope will help me out.

 

 

Do you know of anyone on here who is good at writing the defence?

 

Cheers

PB

Oooh Im not sure you will have to ask around