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MMF/Moriarty Claimform - old PDL statute barred***Claim Discontinued***


mongol99
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Hi All,

 

I have a very similar case to the others here and using this and other websites I defended.

 

They then went as far as mediation but could not do mediation as they had not provided me with all the information I needed.

 

After 3 months today I receieved a letter saying they are dropping the case.

 

Moriarty and MMF Motormile Finanace seem to chance with CCJ claims and go as far as possible but drop the case.

 

Thought I would update as I am sure others are in similar situations so it is worth defending!!!

 

Thanks

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Please defend - MMF/Moriarty Law who pretend to be based in London Old Bailey (to scare you I guess) went as far as accepting my defence and stating that they would proceed.

 

They then wait to the very last minute to drop the case.

 

I think they chance it with unenforceable debts

 

Just putting it up here so people don't lose hope and defend any claims properly.

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I basically used this forum - I defended based on the fact it was statute barred and they had not at all followed process etc. Also worth checking any copies of letters they send to you saying it was previously sent etc. They really just try and scare you into paying. Guess £50 punt on issuing a CCJ claim to try and get a few hundred back is what they thinking....

 

Below is what I used from this forum I think - just adapt it to suit. People here will help. As long as you file a defence and stick it out they will hopefully give up.

 

Here is a form of limitation defence to a claim based upon a simple contract. There may be other grounds of defence in this particular case, but this defence alone will serve to defeat the claim assuming the facts stated in it are true.

 

 

 

1 The Claimant's claim was issued on (date).

 

The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

3

 

2 The Claimant defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

Do not allow denial as you know it to be true, change last sentence to ' the claimant should already be aware more than 6 years have elapsed between cause of action accrued and the court claim by their court submission.'

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Be more assertive and disallow doubt to appear, change 'believe' to 'am absolutely certain'

Signed:

 

Dated:

 

x20

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makes no odds to you Finargh

we know yours is not statute barred

that's why mongol won, as we have on those that were statute barred.

 

it would be better if they started their own thread rather than posting on several others involving these players that are either old and dead or an SB defence is not relevant.

 

 

dx

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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