Cheers for the reply dx. I don’t have anything to show I posted the letters, not even the PO stub, in fact the more I think about it I don’t even remember buying the PO. As I said I had an awful lot of personal things to try and deal with at the time and it appears that the letters fell by the wayside.

I’ve now received a letter from Reston’s acknowledging my defence and if I’m reading it right they seem to be dismissing everything. I’ve attached the letter for you to look at and would appreciate your input on what it all means. They also state that they haven’t received any letters from me requesting more information, the bad news is on looking back over my files there is a possibility that I didn’t actually send them as I can’t find anything that would prove that I did. Unfortunately at the time this all started I had a major family crisis which required all of my attention and I was trying to fit this in when ever I could and it may have slipped my mind to send them. reston letter.pdf

Thanks again dx. The card was only a few years old so I’ll help them with the n245 form

Thanks for the reply dx. I’m afraid I don’t know much more about the debt, these were all the letters they could find and I didn’t want to pressure them to much. I’m trying to do this as careful as possible without upsetting them further. What’s a n245?

Hi, you’ve all helped me out in the past and I’m hoping you can help out a friend of mine also. Due to mental health problems they have got themselves into a bit of a mess regarding a credit card debt, it was passed onto Cabot who have then passed in on to their solicitors. I’m unsure of what letters may or may not have been sent but they have told me that they did receive court papers which they responded to on the mcol website however they didn’t post a defence. They have shown me two letters both dated the 14th September, one is from the solicitors saying as there has been no response received to the claim form they have now requested the court grants judgment in default in their clients favour for the full amount payable at £50 a month, but also offering to discuss the amount payable. The other letter is from the county court saying that they have already granted judgment in favour of the claimant for the full amount at £50 a month. My questions are: 1. Did they get judgment in their favour because no defence was filed? 2. How can both letters be on the same date? that makes it impossible to be able to respond to the solicitors if it’s already gone to court. 3. As it now gone to court is that £50 a month binding? My friend cannot afford that much. 4. Does their mental health issues have any bearing on the situation. I hope you can help me help them and tell me what the best thing is they can do because as you can appreciate this is not doing their health any favours.

Their letter is dated the 14th September, they have not supplied the claim number but the a/c number is the same.

Thanks for the quick reply Andy. So it appears they’re just trying it on then. What happens though if I do get official court documents though?

Hi, I’ve received a letter from Reston’s solicitors claiming they’ve had no response to the claim form sent to me and have now accordingly requested that the court grants judgment in default for their client for the sum of £1300. They have also requested the judgment sum payable is £75 a month, they then go on about not having the opportunity to discuss my financial circumstances and to contact them if this is unaffordable. The thing is though I did reply to the claim form, the AOS was submitted using the MCOL website on the 15/08/18 and the defence was submitted on the 13/09/18 and received on the 14/09/18. I also received a letter from the HM Courts and Tribunals Service on the dated 14th September acknowledging the receipt of my defence and informing me that a copy was being sent to the claimant or claimants solicitor. Where do I go from here? Surely when they contacted the court to request the judgment by default the courts would have informed them that I had responded?

Sometimes a post just like a text message can be taken the wrong way and my head is not in a good place at the moment. Sorry if I bit your head off. I appreciate the link you’ve attached and once I feel able to digest its contents properly I will give it a good read, I have lots of old PDL and a few outstanding ones as well as 3 credit cards and provident loans as well So this could be very helpful.

Are you purposely trying to make me feel worse or don’t you really care how your comments may come across?

Hi dx, your comments aren’t really that helpful, offering advice like that after the event just makes me feel worse than I do already, this whole thing has been really stressful and was making me feel ill. By all means comment on my post but please think carefully about what you post and how it might affect the person involved.

Hi Andy, just thought I’d let you know how the mediation went today. Surprisingly MMF actually attended the mediation, the mediator was very good and helpful, and I felt under no pressure to agree to anything. I decided after I had my questions answered and took all the information in that for me the best thing was to agree on a settlement. I managed to get £190 taken off the total and the payments on my terms, so not a complete victory but one that was best for me. Once again thank you all for your help.

Just to let you know as I was going through the letters I received from moriarty law I found the PAPDC, don’t know how I missed it first time. Does that affect my case?

Thank you for you time Andy I really appreciate it. I’m sorry if you felt that you had already answered my question I’m just very worried about how to proceed and just wanted some clarity on the situation.

Sorry for the above post my copy and paste want working properly. My question was, do you think that they won’t attend the mediation even though it’s booked for this Friday and if they do what should I do, see if they make a good offer or proceed to court. I know you can’t really advice me on what to do but I just need to know if it would be worth proceeding to court or not.

Thank you, I was just weighing up the odds if it was worth going to court or agreeing something in the mediation. So apart from the DN would it be worth me going to court just on the fact that they didn’t supply me with a PAPDC?

Thanks Andy, I’ve just a couple of questions. Does it matter that MMF have not sent me a copy of the original creditors default notice and also that they never sent out a PAPDC (Pre Action Protocol) letter?

Well I’ve finally had a reply, surprisingly they’ve agreed to mediation. So my question is where do I go from here? Any advice on what I should say or not say, what should be my opening question? Thanks

Hi, well after not hearing anything for a long while I received the notice of proposed allocation to the small claims track yesterday. It all looks pretty straight forward, I tick yes to mediation, yes to agree to fast track, choose the court I want. Do I do anything with the expert evidence part or just tick no? Thanks

No I didn’t, but looking at the details of the claim I think that it’s more than likely that it could be mine

I had moved the year before I think, but I had taken out so many payday loans that it could be mine, I just don’t remember

Hi, These are the letters that I received from moriarty mmf statement and assignment .pdf

That would explain why I can’t find anything that ties in with what they’ve sent me, also all the documents they’ve sent me, apart from the credit agreement which is the same one that I’ve uploaded, are all headed MMF. None are from the original creditor.

I’ve now had some documents from moriarty which I’ll try an upload tomorrow, I’ve just noticed something that I should have noticed before. The claim is for a quick quid loan but on checking my credit file again I’ve never had a quick quid loan, the only outstanding one is for Instant Cash Loans T/A Payday Uk and a pounds to pocket one (which moriarty have just started chasing) which I assumed was another trading name for eurocash. Is that relevant?

Thank you all for your help, defence now sent