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Everything posted by compilerz

  1. Thank you Andy. You're correct I just received papers from court Notice of proposed allocation in the small claims track. It says I have to complete and return by 6th of Feb small claims directions questionnaire (form N180). This means they wish to proceed while they're trying to contact me daily. The form speaks about mediation service as well. Shall I continue to ignore their calls? Fill the form and return it? I've never been in this situation before and am clueless. Many thanks lads! Angela
  2. Thank you Andy! I just find it strange they decided to proceed despite the fact they never responded to cca request. Now they're emailing and trying to call me. I'll follow your advice and ignore So normally I'd hear from the court right?. Many thanks! Angela
  3. After receiving a letter from moriarty law they're proceeding with case I've been waiting to hear from court but so far nothing. Moriarty Law has been calling my phone many times but I didn't answer them. I understood from reading posts it's better not to talk to them so Should I answer their calls? Thank you dx! Angela
  4. I received the following from Moriarty Law We write to acknowledge receipt of the Defence filed by you with the Court and in that regard we confirm that our client is proceeding with their claim. Yours faithfully, Moriarty law. Does that mean the court will look into their claim or should I do now? can they win a case without providing any documents to me about the debt ?? Thanks guys! Angela
  5. I've submitted the form on mcol. How will I know the result ? Keep logging into mcol? Many thanks! Angela
  6. Am really grateful dx! Seriously without your help lads i wouldn't know where to start even. Thank you! It's asking me if I want to make a counter claim on mcol My guess is no right ? Angela
  7. Happy New Year! I have edited the names of creditor and solicitor. The POC response seem to be suitable for my case so I didn't change much. Just not sure about section 77/78 bit is that correct or needs amending ? 1.The defendant owes the claimant £105 under a regulated loan agreement with Ariste Holding LTD T/A Cash Genie dated 10/12/2011 and which was assigned to the claimant on 27/4/2016 and notice of which was given to the defendant on 27/4/2016 (Debt). 2.Despite formal demand for payment of the debit the defendant has failed to pay and the claimant claims £105 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% per annum amounting to £8.40. Here is my defence 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. Paragraph 1 is noted and accepted I have in the past had financial dealings with Ariste Holding LTD t/a Cash Genie. I do not recall the precise details or agreement and have sought verification from the claimant who is unable to comply. 3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served last year from either the Claimant or Ariste Holding LTD t/a Cash Genie 4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, and remains in default of my section 77 request, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © 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 77/78 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77/78 request and their solicitors, Moriarty Law, have stated in relation to my 31:14 request that they are under no obligation to disclose any documentation on which the claim is based. 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 creditAct 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. Is that ok to post tonight? Many thanks! Angela
  8. You're very kind! So once I edit this send it to Moriarty? What about the mcol deadline? Can't thank you enough luv Angela
  9. I really hope am not too late. I've read posts about credit card defence or overdrafts but I didn't know if I can copy the same You mentioned I should look for loans. Should I write in my defence that I neve received any letter of assignment from them or default? Sorry am just not good with these things.
  10. Merry Xmas! Am sorry my child was very ill. I tried to read and search for a holding/ defence through the search as you suggested. I realised there is no template for defence and I really don't know what to do! Saw some defence to particulars but not similar to mine as payday loan. The claim form date was 1st of Dec and I acknowledged it on mcol. Please what sections or policies should I refer to in my defence? Many thanks luv Angela
  11. Thanks dx I've looked into the defence but am not sure what to write. Today I received letter from Moriarty law and I attached a pic after removing identifiables. Also received a letter from Motormile finance stating they outsourced my account to Moriarty law and I should contact them and they returned back my postal order! I really don't know what to do next or how to defend Any help is appreciated! Angela
  12. I haven't heard anything from Moriarty law or Motormile finance. I did go online and chosen to defend all. How long do I have or what should I do ? Thanks lads! Angela
  13. Forgive me that was a dumb blonde moment. I've defended all and submitted response to the service. Your instructions is water proof. Many thanks dx!
  14. So far no reply from either solicitors or creditors. Furthermore, I've been trying to login for days to mcol site with my claim number and password sent on country court letter but it's says error Indicating info is incorrect. So I can't defend all online Am supposed to login not register right? I'll call the county court help line tomorrow. Dx ta luv Angela
  15. Yes I moved since I took it out. its possible that letters might've been addressed to old address. Only letters I got in my current address since 2012 is from Moriarty law. It was a single loan and if I remember correctly only £75 or so was my blance when I stopped paying. Does that weaken my defence dx? I don't even know what to write to defend myself Angela
  16. I don't mind paying them back in instalments but I didn't like their bullying. I will defend all but also try to save up in case I lose. I've got the cca request to claimant and cpr letter to solicitors. Am just not sure what defence to write later on as I did owe the money but never received any default notice letter or demand in my current address. Am really grateful lads you put my mind at ease and I didn't sleep for days! Should I just send those letters now and deal with defence later? Many thanks! Angela
  17. Thank you Andy Yes I want to defend but I don't know what to say. 1- Go online and defend ? Say I defend all? 2- Send 2 letters to moriarty law CPR 31.14 and CCA request. Shall I send them by recorded delivery to confirm they got it? What if I lose Does that mean CCJ is automatically logged against my name? My employer would sack me. Thanks for your advice! Angela
  18. Name of claimant Motormile finance. But their solicitors called Moriarty law Date of county court letter is 1/12/2016 Amount owed is Particulars of Claim: 1.The defendant owes the claimant £105 under a regulated loan agreement with Ariste Holding LTD T/A Cash Genie dated 10/12/2011 and which was assigned to the claimant on 27/4/2016 and notice of which was given to the defendant on 27/4/2016 (Debt). 2.Despite formal demand for payment of the debit the defendant has failed to pay and the claimant claims £105 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% per annum amounting to £8.40. It's a payday loan from Cash Genie Th agreement for the loan was in 2011. Last payment made through step change was in 2012. I had some separation problems at the time and extra costs I had to deal with so i defaulted on payment plan. I didn't get letters from Motormile and never was told they assigned Moriarty Law or letter of assignments from them. In summer I received letter from Moriarty demanding payment which I ignored then next thing is a letter dated 1/12/2016 stating they took me to county court. I never received any default letter or statuary notice from Motormile finance in my address. The only communication I used to get from time to time is text message to call them which I ignored. No there was no disputes about the payable sums with original creditor prior to this letter but am sure it was less than £105 Oh dear!! I didn't know it shows identifiable details thank you for removing it! Thanks for your help! Angela
  19. I was gong through bad time financially few years ago and I built up some debts using payday loans such as Cash Genie. Or Motormile finance. I received a letter from Moriarty Law saying they're sending me county court papers for £105 I still owe Cash Genie from 2011. I also received county court claim form and I attached a copy. My main problem that I work for financial institution so if I get CCJ I'll be forced to quit my job. Can they really take you to county for only £105??? Now they increased it to £188 with court fees and theirs. This is looks serious and I'm worried! Any advice is appreciated guys! Thanks in advance Angela.
  20. Thank you Pelham9 So i should just fill in the admission form offering a repayment plan? i was hoping for 5 months plan and not sure what is reasonable but CCJ means termination of my employment
  21. Hello Guys I am in the same boat as jimbo and i searched the whole website looking for any similar case with Yorkshire water county court claim form i received. Is it too late to try and setup an arrangement with Yorkshire water at this stage? as i am willing to pay to avoid the CCJ but i cant just pay the full amount in one go. When i looked for their reminders i only found one letter only threatening with county court..is that enough? So if to avoid the CCJ if i asked for a repayment plan (including sols fees £50) will that still means i get CCJ? Many thanks guys Morgan
  22. I have been reading as many threads as possible before posting my thread looking for some answers. I have a barclaycard that i am still paying for and despite my effort to discuss an arrangment with BC they just have add late payment charges of £12 + another £12 for being over the limit. so thats £24 + VAT while i am struggling financially but still wanting to clear the excess but no one in BC would suppress the charges to help me pay the excess which is mostly charges! Now i understand the CCA or Subject access but i am not entirely sure how can that help me to suppress the charges or even claim them back and if i do claim charges would they close my account or what would happen? Please advise! i hate BC! Mark
  23. I am still waiting for the subject access request from NPower where they alleged i agreed to take full resposnibility but i am not sure what i can do what the information? I mean i was only attempting to pay a bill i shouldn't have paid so i wouldn't live in darkness so what can i do with their record ? please advise Thanks Ozzywizard and CK
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