Moriarty Law have issued proceedings in Northampton County Court against me for a debt from 2013 from Mortomile Finance/Wage Day Advance.

Now i probably do owe this debt but should i challenge that they actually have all the right paperwork to make this enforceable. The debt looks to me roughly 350 pound higher than it should be.

What do you think the best thing to do should be. Notei have just got off holiday and came back to this so only have a few days to respond, so if anyone could reply quickly that would be great.

thanks all

Thread moved to the appropriate forum.

Please read the following link and then copy and paste the Qs and your responses back here for further advice on how to proceed with the claim.

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**

Send the appropriate CCA and CPR request and follow the instructions for acknowledging the court claim.

Regards

Andy

Shame you didnt get those IRL claims moving a bit quicker............

Name of the Claimant ? Motormile Finance UL Ltd (MMF)

Date of issue – 31/05/2018

Particulars of Claim

What is the claim for – the reason they have issued the claim?

1.The defendant owes the claimant £822.95 under a regulated loan agreement with Curo Transatlantic Ltd T/A Wagedayadvance dated 28/09/2012 and which was assigned to the claimant on 21/01/2013 and notice of which was given to the defendant on 21/01/2013(debt)

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

and the claimant claims £822.95

and further claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year to the date here of at the rate of 8 percent per annum amounting to £65.83

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

What is the value of the claim? £1018.78

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

When did you enter into the original agreement before or after April 2007? 28/09/2012

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. Moriarty Law

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure, I had lots of pay day loans from ths time

Did you receive a Default Notice from the original creditor? Not sure

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? don’t think so

Why did you cease payments? Had about 12 pay day loans couldn’t pay any of them

What was the date of your last payment? These were rolled over loans, so for this particular loan I did not pay anything

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 ? possibly

Thank you.....

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

Please read the following...its important to your defence.

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

Regards

Andy

i dont understand this question. i dont think i have been sent this.

Am i just filling in the court claim form advising that i am disputing it because i need to see a copy of all the relevant documents.

then send a CCA and CPR18?

you don't use the forms and you don't use CPR 18

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.

cool thanks, on the part where i am contesting the claim is there anything i should be writing in particular.

e.g i dont think i owe this etc i would like to see signed consumer agreements?

you follow 7

the rest will be in your defence that you need to file by day 33 but not yet

there are 100's of moriarty claimform threads here already

go read them get upto speed.

ok cool i have done all that then.

so when should i defend it then, what is my next step?

thanks for all your help

already told you that it post 9...

The process is you have in total 33 days to deal with the claim.....19 days to acknowledge service from and including the 31st May and then another 14 days to submit a defence = 33 days.

Acknowledge service and state you plea...which you have done.

Send CCA and CPR 31.14 next.

Submit defence by 2nd July 2018.

Read similar threads in the meantime and look at examples of the standard defence.

Andy

thanks

Motormile/Lantern have returned everything they have on me and it seems all they have is an "copy agreement information" for a loan of £220 from December 2011. Yet they are claiming i owe £880.

What's my play here?

Isn't it statue barred anyway?

Scan ...redact ...upload...everything you have received

I have now attached

as one

Lantern1.pdf

Thats your signature on the agreement ?

What date did you last make payment/acknowledge the debt ?

Thats your signature on the agreement ?

 

What date did you last make payment/acknowledge the debt ?

And ?

its not my signature just my name typed out.

At a guess i never paid anything towards it but i couldnt say for definite.

When did you enter into the original agreement before or after April 2007? 28/09/2012

Well it cant be statue barred...still has another 3 months to run.

well thats the date it said on the court forms but on the paperwork they sent me it says 2011

Okay well we can only go off what information you provided above from your summary...so yes its statute barred

well that's useful info then:

you can file this

The following defence is all you need if it is SB

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

2 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.

.

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.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

is that definitely ok yeh? It clearly states 2011 on the forms they have sent me. Should i say anything about the loan being for 600 quid less than what they are claiming?

No ...you either go with the SB defence......or defend it with arguments.