How does this look: 1.The defendant owes the claimant £370 under a regulated loan agreement with casheuronet LLC T/A Quick Quid dated xx/xx/xxxx 2.And which was assigned to the claimant on xx/xx/xxxx and notice of which was given on the xx/xx/xxxx (debt). 3.Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £370. 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. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 2. Paragraph 1 is denied .The Claimant claims £370 is owed under a regulated loan agreement with Casheuronet LLC T/A Quick Quid on xx/xx/xxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 77 request who are yet to fully comply. 3. Paragraph 2 is denied 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 xx/xx/xxxx from either the Claimant or Casheuronet LLC T/A Quick Quid. 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 of Claim to establish what the claim is for. To date the Claimant's 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 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.

As far as I am aware I haven’t received anything like that

I think I received the usual threat-o-gram saying may take you to court, is that what you mean

Thank you very much for your patience, I’ll see what I can do when I get back in this evening as I’ll need to submit it tonight as I won’t be home in time tomorrow

To be honest with you I haven’t got a clue what I’m doing really, even after reading the other threads it might as well be in a different language, I just don’t understand it. I thought I’d sort of got it right with my defence but I’m just even more confused then ever. I understand that you are all very busy and trying to explain this to me must be very trying, all I can do is apologise, I’ve tried my best and I don’t want to waste anymore of your time. Thank you all

I’m sorry I’m getting very confused now, I posted the defence in post 15 using the details from the claim against me. I didn’t add the text in red. Sorry if this appears clear to everyone else but it doesn’t to me.

Hi Andy, thanks for the help. I’ve had a look through other threads similar to mine but I’m struggling to find what I need to put down for point 3.

How does this look for my defence. What is the claim for – 1.The defendant owes the claimant £370 under a regulated loan agreement with casheuronet LLC T/A Quick Quid dated xx/xx/xxxx 2.Which was assigned to the claimant on xx/xx/xxxx and notice of which was given on the xx/xx/xxxx (debt). 3.Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £370 4.and further claims interest thereon pursuant to section 69 of the county courticon act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £30 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 denied .The Claimant claims £370 is owed under a regulated loan agreement with Casheuronet LLC T/A Quick Quid on xx/xx/xxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 77 request who are yet to fully comply. 3. Paragraph 2 is denied 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 01/12/2016 from either the Claimant or Peachey. 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 Claimants particulars 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.

That was hard work, attached is the Letter and agreement from MMF attach.pdf

Thanks for the reply dx, unfortunately I don’t own a scanner or computer just a tablet. I’ll start looking at the other threads. What are your thoughts on the discrepancy’s with my noodle report?

Hi guys, finally got a reply back from one of letters. It’s from MMF and it’s just a copy of the agreement even though I asked for any other documents relating to the account. It really doesn’t tell me a lot, it’s just 20 pages of agreement blurb with my name and address in the signature box. What is strange though is on the accompanying letter from MMF where it says Your Balance the amount there is about £200 more than on the claim form, also the date that’s in the agreement signature box doesn’t relate to any dates on my noodle report. I’m still none the wiser which debt they are claiming for as none of the amounts that they are claiming for are on my noodle report and MMF are not named on any of them either, could my noodle report be wrong? It’s getting near for me to submit my defence as well and I haven’t got a clue what to put down so any help with this as well would be greatly appreciated.

Thank you, I’ll keep you updated once I know more

Name of the Claimant Motormile finance uk LTD (MMF) Date of issue – 12 Jan 2018 What is the claim for – 1.The defendant owes the claimant £370 under a regulated loan agreement with casheuronet LLC T/A Quick Quid dated xx/xx/xxxx and which was assigned to the claimant on xx/xx/xxxx and notice of which was given on the xx/xx/xxxx (debt). 2.Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £370 3.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 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not sure What is the value of the claim? £370 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. The debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? I think so 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 ? Not sure Why did you cease payments? Couldn’t afford them What was the date of your last payment? Not sure as the date and amount from MMF don’t match any on my credit report 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

Hi all, you’ve helped me out in the past so I’m hoping you can help me again. Like a lot of people I got caught in the payday loan trap, a lot of these have been cancelled by the companies themselves due to the fact they shouldn’t have loaned me the money in the first place however, just recently I’ve been receiving letters from MMF chasing a pounds to pocket payday loan. Maybe stupidly I just thought they were trying it on and so ignored them, today though I’ve now received court papers from Moriarty Law. The strange thing is I’ve checked my noodle report and not only are MMF not on any of the lender lists but the pounds to pocket ones that are there in both the open and closed accounts don’t match the amount claimed nor does the date that the claim form states the agreement was made match any of the dates on my credit report. So my questions are: 1) Do I still send of the court papers to defend my case? 2) If MMF aren’t on my credit report can they still chase the debt? 3) Why is the amount claimed and the agreement date different? 4) Could I still try and get the amount owed written off as an irresponsible loan as my others have been? Thanks in advance for any help.

Thanks to everyone who helped out. Through the mediation I've now got the amount reduced by about £200 and manageable monthly payments.

Ok, doesn't it matter that I've not had the statements yet? Also, and this might sound a stupid question, but what what outcome should I be expecting out of this?

All I've had from Lowell is what I've posted above, I've yet to receive any statements from them yet

I've now got my mediation appointment for next week which is making me feel quite nervous. Has anyone got any advice on what I should say during the phone call? Also I'm guessing the best outcome may be a reduced amount.

I've finally had a reply back from Lowells and they want to go through mediation. I've also now received the documents from the courts for either going through the small claims court or mediation. What do you recommend I do next?

Thank you, I'll email it as soon as I get home. Let's just hope I'm not too late

It says claim number or password incorrect. I had auto-saved all of them including the first log page which works but not respond. Unfortunately I can't check the details as they're written down at home and I'm away till the beginning of the week.

I've logged into the MCOL website but all it shows is Begin a new claim and Respond to a claim against you, that's all.

Thanks Dx, I just got a bit confused. Does this sound ok? 1. Paragraph 1 is accepted. I have, in the past, entered into a contract with O2, however I do not recall the exact details, nor do I recall any outstanding balance. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has refused to provide me with a copy of the agreement, stating he is not obligated to do so by virtue of the consumer crediticon Act 1974. To date, no statement of the alleged account has been received. 2. Paragraph 2 is noted, again I do not recall any breach and I have never received the stated Default Notice. The Claimant has stated, by letter, that he is not obligated to provide a copy of the Default Notice, again by virtue of the Consumer Credit Act 1974. 3. Paragraph 3 is denied.I do not recall having received a Notice of Assignment, as stated by the Claimant and despite my request for a copy of said document, under CPR 31.14, the Claimant has failed to provide me with such to date. 4. Paragraph 4 is denied in regards that the claimant is misleading the court in its pleadings and has never made contact or made requests prior to issuing this claim. Its sole purpose in purchasing this debt was to litigate and secure a county courticon Judgment and therefore Pre Action Protocol was never attempted and should be considered in deciding the outcome of their claim Therefore the Claimant is to provide strict proof to: (a) show how the Defendant has entered into a Agreement/ Contract; 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. The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant. 6. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed. 7. 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. 8. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 9. 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. Also how do submit my defence? As I said in my previous post when I log into MCOL there's nothing there.

Don't I do that once I know which court it goes too? I've tried reading through the other threads and to be honest I'm not any wiser, it's seems all very complicated. Also I went onto the MCOL website to check the details and after logging in there's nothing there

Yes I did the AOS before the letter. What am I going to use for my defence and will I be notified which court its at ?