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Everything posted by Jobyboy

  1. I've followed the advice on here before, once when a company chased a debt that was over 8 years old - that was very simple. And a second time when Moriarity swooped in at the last minute and lodged a court claim that they eventually lost - thanks in no small part to the advice of you and Andyorch! However, in this instance I believe my last payment/acknowledgment of the debt was 2016 and I would really like to start improving my credit file. Is my only option then to pay in full?
  2. So..... I've been burying my head in the sand about this since I first posted. I've had a look through old documents and emails but can't find my own copies of statements etc so I'm unsure how much I actually borrowed. Every month Lowell are marking a default on my credit file and I feel now is the time to deal with it. They have not been in touch since the latter above. Any advice, I have no idea what to do next? I should add - there was no real reason I stopped paying other than they kept increasing my limit, I missed a payment and the late fees and interest just started piling up and panicked.
  3. Little update on this. It had gone completely silent for over a year now. I had been expecting to hear something initially but then I guess I just put it all to the back of my mind. However, going through some old paperwork this morning i felt inclined to call the County Court Business Centre. They said everything had been passed to my local court, but it does look like back at the end of 2017 an order was issued for Morarity to supply some requested documents within 21 days and they failed to do so. I then called my local court, who now have the file, and they confirmed the same thing. They seemed to feel this was all very unusual that nothing has happened in all this time and they have passed the file to a judge to look at. I asked what normally happens when a claimant does not comply with an order and she informormed me that that the cause would *usually* be thrown out - so fingers crossed.
  4. I've received 'Notice of Transfer of Proceedings". Set to take place at my local court which is conveniently next door to my office. Is it likely to get to that point?
  5. Haha! In the end they came back with a settlement offer of £220 (amount they're claiming is £259.80). I said unfortunately, as it is unclear that they even owned a debt of mine, I could not pay them anything. It is now proceeding to court. The CPR request was completely ignored. I did receive a reply from MMF to the CCA. However, the documents they sent back were for a completely different account. Following earlier advice in this forum I did not disclose this. Unsure if information from the mediation is passed to the court at all, I was exceptionally careful about my wording. I stated "I have not received any of the information I requested regarding this account". I would like to add here for any other users reading this, during the second phone call the mediator said "Morarity believe you are following online advice on this". I believe Morarity had said this to the mediator to try and intimidate a little. I ignored that statement.
  6. Just had the first two calls with the mediator. He didn't ask any questions about my having the information I needed but I stated it. He is saying that they don't have to provide the information I requested (CPR & CCA) until a court date is set. I have stated that until there is proof this debt exists it would be illogical to enter into a mediation agreement. Is this correct?
  7. Ok thanks. They told me the mediation would be a back and forth of phone calls. If I state that they have failed to send the correct documents do they terminate the mediation at this point and continue on to court?
  8. I have read other forums and the court have also confirmed a date and time for telephone mediation. I accepted the date they said (Nov 10th). My understanding now is that I participate in the mediation phone call but state that I have not received the documents I requested from MMF. Is that correct?
  9. Perhaps I had picked a strange selection but I had been expecting them to say No to mediation. I will hunt for some more
  10. I wasn't expecting this after reading other threads but I have just received an email from the 'Small Claims Telephone Mediation Service' It reads: Parties: MOTORMILE FINANCE UK LTD (MMF) v *****ME***** The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation. Provisional Appointment Time & Date The small claims mediation team can offer a one hour telephone mediation appointment between 08:00 and 13:15 on 10/11/2017. Please note that this is not a confirmed appointment and you will receive a further letter/email to advise if mediation is going ahead with the specific start time. Mediation appointments are limited and can only be re-arranged under exceptional circumstances. Any help/advice?
  11. Thanks Andy, That has now arrived. It seems pretty straightforward but is there anything I should be aware of? I’ve seen from other posts that’s it’s in my best in my best interests to say Yes to meditation so I will do that. It says on the cover letter that I must complete and return the form to the CCBC but it also states “and serve copies on all other parties” Does this mean I have to send a copy to the claimant?
  12. Today I received a letter from Moriarty Law. It simply read: "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." I'm assuming I just wait to hear from the court again now? My MCOL login has stopped working so I'm having to correspond with the court just via letter and email.
  13. Hello! Sorry for the (very) delayed reply. Been a crazy few weeks. I managed to get my defence in with just 4 minutes to spare, I was so busy at work I lost all track of time. I added a point denying their point 3 but it was very basic. I received a letter a couple of days later saying they has received my defence. I’ll keep you guys updated when I next hear something. Thanks for all of your help this far!
  14. Thank you Andy! I'll amend to include their paragraph 3. When I submit this defence, should I include their POC numbered for context or just my response?
  15. Ok, using the example defence, I have edited to this: 1. The defendant owes the claimant £171 under a regulated loan agreement with PDL Finance LTD T/A Mr Lender. Dated 15/09/2011 2. Which was assigned to the claimant on 27/10/2012 and notice of which was given to the defendant on the 27/10/2012 (Debt). 3. Despite formal demand for payment of the debt the defendant has failed to pay the claimant claims £171 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 £13. What is the value of the claim? £260 #######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 , I have in the past had financial dealings with Mr Lender. I do not recall the precise details of the agreement that this claim relies upon 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 Mr Lender. 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 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 request and their solicitors, Moriarty Law, have failed to comply to my CPR 31.14 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.
  16. Also, the POC that Moriarty have set out are not numbered like they seem to be with most people. Do I still respond with numbered points?
  17. I've sat down this morning to have a really good read through other examples of the no paperwork/holding defence and create my own. If I am not disclosing at this point that the agreement date and number don't match, am I right in thinking that the main basis for my defence is the fact that they have not responded to the CPR request?
  18. Well that was exactly my thought. However as the CCA went to MMF and the CPR to Moriarty I figured there could just be some confusion? Is my next step to create a defence? I have to submit one a week yesterday I believe and don't have a clue where to start :/
  19. Hi, I've been corresponding with Lowell, who have bought a debt that I had with Shop Direct. They have sent me the following documents which I have uploaded as a PDF. Is this enforceable? Many thanks. Edited DocPDF.pdf
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