Name of the Claimant ? motormile finanace u ltd

Date of issue – 22 nov 2017.

What is the claim for –

1. the defendent owes the claimant £200 under a regulated loan agreement with ariste holding ltd t/s cash genie dated 16/06/14 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 payment of the debt the defendent has failed to pay

3.and the claimant claims £200

and further claims interest thereon persuant to the 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 £16

What is the value of the claim? £300 rounded figure

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

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. - debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? no

Did you receive a Default Notice from the original creditor? no

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

Why did you cease payments? no knowledge of debt

What was the date of your last payment? not applicable

Was there a dispute with the original creditor that remains unresolved?

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no, first I knew of the debt was a letter from Moriarty law 2 weeks ago.. I sent them the prove letter via email to their official email address and got no response

Hi,

I received a county court claims form this morning for an alleged payday loan debt...

The OC was Cash Genie, the claimant Motormile Finance and the solicitors are Moriarty Law....

.I did take out a couple of payday loans back in 2013, but have no genuine knowledge of this one.....

....I received an LBA (or what I thought is one) from Moriarty Law a couple of weeks ago,

I emailed them the 'no knowledge of debt/prove it' letters but received no response from them until the claim for arrived this morning.

.....I'll acknowledge later on today and will be defending all

If you could also upload a copy of this " LBA " suitably redacted...newdad.

Regards

Andy

will do, cheers Andy

can't get the scanner working so I'll type it out into a text document and copy and paste here if it's ok

Mr xxxx

16th October 2017

Our ref: xxxx

Account Number xxxxxx

Client: Motormile Finance UK LTD (MMF)

Originator: Ariste Holding Ltd t/a Cash Genie

Dear Mr XXXX

We have been instructed on behalf of Motormile Finance UK ltd (MMF) to recover from you the sum of £xxx being the sum owed by you to our client full particulars of which are set out hereunder.

Please note that we are writing to you by Letter of Claim persuant to the provision of the Pre-Action Protocol for Debt Claims. Motormile Finance UKl td (MMF) wishes to resolve this matter without the need to start court proceedings, including agreeing a reasonable repayment plan or considering using an Alternative Dispute Resolution (ADR) procedure.

You borrowed the sum of £xxx from Ariste Holding ltd t/a Cash Genie under an agreement which started on 16/06/2014 and which contained provision for you to pay interest and charges which are not continuing. We can let you have a copy of the agreement if you require the same.

The debt owed of £xxx was assigned by Ariste Holding ltd t/a Cash Genie to Morormile Finance UK ltd (MMF) on 27/04/2016 and notice of the same was given to you on 27/04/2016

You can discuss payment options or arrange payment by calling 0203 126 4544 or using one of the methods detailed overleaf. I fyou wish to send us the enclosed financial information form and information sheet and reply form you should send it to the above address and we are content to receive the by email at the address listed below

Motormile Finance UK ltd (MMF) now hope that you will conclude a settlemwnt of theis debt or enter into ADR and in that regard should you not do so or indeed respond to this letter within the next 30 days then Motormile Finance UK ltd (MMF) will be in a position to instigate proceedings against you in the County Court

Yours sincerely

Moriarty Law

I emailed them the 'no acknowledgment of debt/prove it' letter to their official email address on 14/11/2017 but received no response. I've forwarded the original email to them again this morning

Now take a look of the following link and see what they should have done before issuing this claim.....

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

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

.

type your name ONLY

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

Now take a look of the following link and see what they should have done before issuing this claim.....

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

wow, that's some bed time reading!....will have a good look when I finish work

Thanks DX as always

wow, that's some bed time reading!....will have a good look when I finish work

Isnt it just...and is applicable to all claims from 1st October 2017...if you take a read of similar threads they do not comply with PaP on any claims.....if you defend it....they send you a discount offer letter requesting you withdraw your defence and it proceeds to trial...they wont attend and hide behind CPR 27.9

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

Andy,

they did enclose the reply form shown in the link you posted..

.I've just checked the package they sent on the 16th November 2017..

..it was the letter I quoted, a couple of 'in house' income/expenditure forms and the pre-action protocol reply form..

..My fault on this as I'd never seen this form before and wrongly presumed it was Moriarty's own generic threatagram form because it had their letter head on it (therefore I didn;t think it was an official form I had to reply to....oops!)

Andy, they did enclose the reply form shown in the link you posted...I've just checked the package they sent on the 16th November 2017....it was the letter I quoted, a couple of 'in house' income/expenditure forms and the pre-action protocol reply form....My fault on this as I'd never seen this form before and wrongly presumed it was Moriarty's own generic threatagram form because it had their letter head on it (therefore I didn;t think it was an official form I had to reply to....oops!)

Well they still wont respond....as you have found out to your recent attempts...sending the forms out is one point...complying is another

as I didn't reply to this protocol (my fault) does this have any bearing on the defence I submit?....in this case, I didn't reply to the protocol form but did email them the 'prove it' letter

16th Nov or Oct ?

their letter was dated 16th October, I replied by email on the 14th November

Thats fine you did make contact within the 30 days...they failed to respond.

Wont affect your defence...they either disclose the documents or withdraw the claim.

cheers Andy, in the mean time, I'll acknowledge the claim and formulate my defence....Once completed, can i possibly pop it on here (minus indentifiers) for perusal?

Of course...

don't forget CCA/CPR....

there are 100's of identical MMF/Moriarty claimform threads here to follow

yes, thanks DX, I'll fire off a CCA today....that's to go to Motormile?

an update....Moriarty emailed me the following docs..

.. CCA, statement of account and notice of assignment..

.....I've noticed they've dated the SOA and NOA but I did not and have not ever received them until the email from moriarty....

.defence (if used) needs to submitted by the 19th...

.can anyone advice me on my next step please?

(personal identifiers removed)

CCA.output.pdf

noa.pdf

SOA.pdf

I noticed in their POC's there is not mention of a default notice (not that I ever had one)...................................

.I'm struggling formualating a defence as it stands as they seemed to have complied with my paperwork request...

...I'm going to fire off a cpr31 request to them anyway....

.Should I just contact them and make some kind of arrangement to pay or go down the court mediation route (presuming it goes down that route)?

Make a start on your defence and post here for finalising.

Andy

defence draft:

Particulars of Claim:

1.The defendant owes the claimant xxxx.xx under a regulated loan agreement with Ariste Holding Ltd trading as Cash Genie dated 16/06/2014

2. 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).

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

and the claimant claims xxxx.xx and further claims interest thereon pursuant to Section 69 of the County Court Act 1984 limited to one year to the date hereof st the rate of 8.00% per annum amounting £16.00

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. The first paragraph is denied as I am unaware of any financial dealings with Motormile Finance UK Ltd (MMF) in the past therefore I am unaware what the claimants refer to, particularly in this instance there is no account number of reference to refer to .

3. The first paragraph is also denied as I have never been contacted by Motormile Finance UK Ltd (MMF) with regards to any alleged outstanding monies. It is also denied I have been served with a Default Notice pursuant to the consumer credit Act 1974. As the assignee of this alleged debt the claimant would not be aware whether one had been served or not.

3. The first paragraph is also denied as I am unaware of any alleged assignment purported to the alleged regulated loan agreement referred to nor ever served any Notice of Assignment.

4. The Claimant has not complied, as far necessary, with any pre-action conduct practice direction.

5. Notwithstanding the above a request was made under the customer credit Act 1974,by way of a section 78 for a copy of the agreement, the Claimant is and remains in Default of said s78 request. Any Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default by reason of Section 78 of the Act.

A further request made via CPR 31.14, after the claim had been issued, requesting disclosure of documents on which the Claimant is basing their claim. The Claimant has not complied fully with said document disclosure

6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

a) show how the Defendant has entered into an agreement with Motormie Finance UK Ltd; and

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

c) evidence any nature of breach and provide proof of any Default

Notice and Notices of Sums in Arrears

d) show how the Claimant has the legal right, either under statute

or equity to issue a claim;

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

8. 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 82A of the Consumer Credit Act 1974.

9. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act.

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

a couple of quick points of interest

1) there is no account ref number or loan agreement number on the POC's

2) re. defence paragraph 3, I have made reference in my defence that no defult notice was ever sent to me....Moriarty haven't referenced a default notice in the POC's so should I leave that part out of my defence?

cheers