Jump to content


  • Tweets

  • Posts

    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. 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. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

MMF/Moriarty claimform - old Peachy***Claim Struck Out***


Kingsbest
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1997 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Name of the Claimant ? MMF

 

Date of issue – 28th March 2018

What is the claim for –

 

 

The defendant owes the claimant £385 under a regulated agreement with cash on go limited t/a peachy dated 27/11/2012 and which was assigned to the claimant on 07/01/2014 and notice of which was given to the defendant on 07/01/2014 (debt).

 

 

Despite the formal demand for payment of the debt the defendant has failed to pay and the claimant claims £385 and further claims the interest thereon pursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £30.80

What is the value of the claim? 500.80

Is the claim for - 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. mmf

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

Did you receive a Default Notice from the original creditor? Possibly

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure

Why did you cease payments? could no longer afford payments

What was the date of your last payment? DEC 2012

Was there a dispute with the original creditor that remains unresolved? no

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

Link to post
Share on other sites

  • Replies 69
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Thread moved to Financial Legal Issues.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

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 start 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.

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... 

Link to post
Share on other sites

Good Afternoon all,

Around 5-6 yrs ago I got myself into a lot of debt with 2 credit cards & numerous payday loans mainly due to a gambling addiction.

I was using them to pay each other off & finally I couldn't go on paying them as i had nothing left & knocked them all for which I am not proud.

I dug my head in the sand & literally ignored every letter, email, phonecall & door stop etc etc.

When the **** hit the fan i did not pay any one of them.

I have done what i have done & I am not proud/ happy about being irresponsible many years ago but it seems they have caught up with me.

I recently had letters from Moriarty Law :

 

Timelime : 7th Feb 2018 Moriarty Law fishing letter -ignored

21st Feb 2018 Moriarty Law Letter of Claim-ignored

9th March 2018 Moriarty Law Letter Final Demand before Proceedings-ignored

17th March 2018 Moriarty Law Letter Another Warning-ignored

28th March 2018 Moriarty Law Letter Issued Proceedings Northampton CC

A claim was issued against you on 28/03/2018

Your acknowledgment of service was submitted on 10/04/2018 at 19:14:26

Your acknowledgment of service was received on 11/04/2018 at 08:02:09

I sent a CCA Request to MMF on 17/4/2018 signed for received by them 18/4/2018

CPR 31:14 request to Moriarty Law on 17/4/2018 signed for received by them 18/4/2018

 

Today 23/4/2018 letter dated 20/4/2018 I received a letter from Lantern / MMF with a COPY AGREEMENT INFORMATION for a completely different Pay Day Loan (Cash Genie) £200 which they say has been transferred to BPO.

 

And you couldn't make it up but they sent my wife who was issued with a CCJ very recently by Moriarty/MMF also my £1 postal order back!!!!!!

 

To date i have heard nothing from Moriarty Law.

 

The question is what do i do next please?

 

From reading numerous threads on here I presume i have to produce a defence by 29/4/2018

 

Because Lantern sent me a reply to my CCA but for a completely different debt is that classed as not receiving anything?

 

I would appreciate any help given please regarding this

 

Regards & Thankyou

Link to post
Share on other sites

plenty of MMF/PDF defences here already

have a go post it up and we'll help.

 

when you get this sorted

get irresponsible lending claims off to every PDL company you've ever used.

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... 

Link to post
Share on other sites

If you could take a look @ the below Defence it would be appreciated

 

1.the defendant owes the claimant £385.00 under a regulated loan agreement with cash on go limited t/a peachy dated 27/11/2012 and which was assigned to the claimant on 07/01/2014 and notice of which was given to the defendant on 07/01/2014 (debt).

 

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

 

3.and the claimant claims £385.00

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 £30.80

 

 

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 Claimant claims £385.00 is owed under a regulated loan agreement with Cash On Go Limited T/A Peachy. I did not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a Section 77 and CPR 31.14 request who are yet to fully comply.

 

3. The Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on X from either the Claimant or Cash On Go Limited T/A Peachy.

 

4. It is therefore denied 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; and

(b) show and evidence any cause of action and service of a Default Notice

© show how the Defendant has reached the amount claimed for; and

(d) 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 Claimant's particulars in order to establish what the claim is for. To date the Claimant solicitors, Moriarty Law, have failed to fully comply with this 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 crediticon 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.

Link to post
Share on other sites

If this defence is ok I also have a couple of other questions:

1. Would you wait until the actual date the defence should be filed to submit on MCOL or just do this straight away?

2. MMF/ Lantern having replied to my CCA request with a completely different debt does this need to be mentioned or by saying failure to comply simply good enough?

Regards

Link to post
Share on other sites

If this defence is ok I also have a couple of other questions:

1. Would you wait until the actual date the defence should be filed to submit on MCOL or just do this straight away?

2. MMF/ Lantern having replied to my CCA request with a completely different debt does this need to be mentioned or by saying failure to comply simply good enough?

Regards

 

Nothing to be gained by filing early..just file on time and yes you should make mention that in an attempt to comply with your section 77 request the claimant has sent a copy of an agreement unconnected the claim.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi Andy, have I inserted in the correct place on the defence, regards

 

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 Claimant claims £385.00 is owed under a regulated loan agreement with Cash On Go Limited T/A Peachy. I did not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a Section 77 and CPR 31.14 request who are yet to comply.

 

3. The Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on X from either the Claimant or Cash On Go Limited T/A Peachy.

 

4. It is therefore denied 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; and

(b) show and evidence any cause of action and service of a Default Notice

© show how the Defendant has reached the amount claimed for; and

(d) 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 Claimant's particulars in order to establish what the claim is for. To date the Claimant solicitors, Moriarty Law, have failed to fully comply with this request. The claimant in an attempt to comply with my section 77 request has sent a copy of an agreement which is not connected to this claim.

 

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.

Link to post
Share on other sites

Andyorch

I have entered my defence as above on the Defence Particulars page & saved.

Just ready now to sign & submit.

Just because I am paranoid about dates do you agree the submit time is before 4pm 29th April 2018 (this is a Sunday I presume still ok??), the issue date was the 28th March 2018.

regards

Link to post
Share on other sites

Submit by Fri 27th before 4.00pm or now...system closes over the weekend so any defence submitted will be treated as submitted Mon 30th

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

ONE multipage PDF ONLY please read upload

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... 

Link to post
Share on other sites

where the rest of iT?

 

no T&C

no online sign tickbox

no default notice..

 

bogroll without those

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... 

Link to post
Share on other sites

Wait Wait Wait... They are adding Interest to this? Or so they say in their letter in your first attachment.

At the interest rate set out in the Agreement? Has the debt increased since being in their hands?

 

Wait also they are charging £301 in penalty fees etc? Thats more then the original debt?!?!?!?

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

Is this everything? There is a whole load of stuff missing!

No DN which is bad enough. Also what does their "Penalty" break down as... It isnt clear...

 

Oh wait i see they did a balance adjustment and its been inflated with legal costs.

Edited by Andyorch
edited

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

These are all taken from email demands from Peachy & at this time I probably had 6-8 payday loans & ignoring them all burying head in the sand :

 

29/10/12 Loan £220

28/11/12 Loan extended

24/12/12 payable £284.40

25/12/12 payable £311.60

27/12/12 payable £313.80

29/12/12 payable £332.40

31/12/12 payable £334.60

2/1/13 payable £353.20

7/1/13 payable £362

7/1/13 payable £376.20

11/1/13 payable £385

14/1/13 payable £389.40 21 days overdue

17/1/13 payable £410.20

21/1/13 payable £428.80

21/1/13 payable £431

25/1/13 payable £439.80

28/1/13 payable £456.20 35 days overdue Offered a full & final settlement for £324.35

30/1/13 payable £462.80

4/2/13 payable £483.60 42 days overdue

4/2/13 payable £485.80

7/2/13 payable £539.20 Final Warning

8/2/13 payable £543.60

15/2/13 payable £559

22/2/13 payable £574.40

26/2/13 payable £583.20

27/2/13 payable £585.40

6/3/13 email Marshall & Partners

18/3/13 final notice

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...