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Everything posted by NottinghamLad

  1. So, in a nutshell; 1) I have a letter telling me that the debt is passed to MMF - but with neither my address nor their address, and which therefore as I understand it is invalid? It could have been printed this month for all I know. 2) I have never been provided with statement of account outlining what I owed, and that the value of the original agreement does not correspond with what has been claimed for? On these matters alone, do I have sufficient grounds to challenge them in court - and would this likely strike their application out? I am happy to mediate and discuss amicably but not take half-heartedness as gospel.
  2. They have only produced a copy of my original bank statement which was proof when it was set up back in 2010. I had definitely paid and then took out subsequent loans within 6 years - of that I am sure - but can’t find out when, and so I cannot categorically prove that this was paid off. In all honesty, I just don’t know. Mediation is coming soon - how would you recommend I approach it? I just want the thing finished and off my back - even if I begrudgingly offered a small cost, would this be better than bearing additional court costs if I lost? What would the costs look like??
  3. Yes, the Account Number is the same in the credit agreement as it is on the corresponence.
  4. Hi all Just to say - I got a letter through from Moriarty Law (I am due for mediation call this week), but they have again sent this to a wrong address but thankfully it has made its way to me! It included the following; 1) They have sent me a copy of a letter - which I have never received - which states that the debt has been transferred to MMF but it is not a CC or a photocopy. It is printed on plain paper, so could have been knocked up yesterday for all I know. 2) I have a signed copy of my credit agreement dated 2010 and original direct debit - but which relates to the original smaller loan which I rolled on, and increased subsequently on several occasions (No details of this). 3) A copy of my bank statement which I provided back in 2010. Is this sufficient for them to progress folks - and claim the debt? Thanks in advance!
  5. Sorry folks - my internet's been down for the last 3 days. Just sorted yesterday. Virgin Media Andy & dx - thanks again for coming back to me. I will contest as per previously, on the grounds of them being unable to substantiate their claim and having not provided any documentary evidence to support this. I'll have a go at the letter - seems fairly straightforward. I'm just not used to any of this, as I've always kept my nose clean so anything involving courts is a bit daunting to be honest. You guys are a great help. It is hugely appreciated. If I'm not sure on something - I will ask if you don't mind. Once all sorted - either way! - I will also make a paypal contribution to the site - and would recommend that anyone else who reads this, does this too.
  6. Hi folks Well, I got a reply - I have been issued with a Notice of Proposed Allocation to the Small Claims Track.............so it looks like they are contesting it. Positively terrifying!!! I have still never received a copy of the correct Section 77 request as I had requested - no copy of the signed agreement etc; is this grounds to defend alone? Would the court details also be published online/publicly? I really don't want this in the wider public domain. Am I best negotiating a settlement out of court? If so, what kind of % do the buggers usually accept?
  7. Andy, many many thanks to you and to dx100uk for you help. As an aside, this old Swift Sterling account that they have sent through. This is probably bona fida - I did offer to repay on a structured plan and they had my card details but heard nothing back (I do most of my comms through email) as it's over 6 years since their last communication to me on this, and they didn't respond to me. To be honest, I had totally forgotten about this. Do I tidy up the loose ends and advise them separately that this is statute barred now, or do I do the honest thing and re-engage a payment plan?
  8. Thanks Andy - apologies, I did not mean to be lazy. You are right. Just a bit in awe of it all. Now, to add to things - I have had a letter in this morning from MMF. Interestingly, they have provided details on something totally unrelated to this Uncle Buck claim, but another account going back to 2011!!! This was for a claim for an old payday loan from Swift Sterling - which I offered to clear up and settle in 2011 with Clarity and a payment proposal but heard nothing since then. I'll be honest - had clean forgotten all about it. I assume MMF then bought the debt? On 2 points; and I ask the question only - as I have not heard from Swift/Clarity for over 6 years is this now statute barred? Also, because they havent been able to send me the correct details - is my court claim with Uncle Buck likely to be kicked out now? Should I upload a copy of the incorrect details from MMF to the MCOL site? my stab at things would be as follows - have amended some of the more sensitive details in case anyone from there is looking!! 1. The defendant owes the claimant £350 under a regulated loan agreement with Uncle Buck Finance LLP. Dated 2010 2. Which was assigned to the claimant on 2013 and notice of which was given to the defendant on the Same Date 2013 (Debt). 3. Despite formal demand for payment of the debt the defendant has failed to pay the claimant claims £XXX 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 £28. What is the value of the claim? c.£450 #######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 Uncle Buck. I do not recall the precise details of the agreement that this claim relies upon and have sought clarification from the claimant and as of this date has failed to comply. 3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served in 2013 from either the Claimant or Uncle Buck. 4.It is therefore denied with regards to the Defendant owing any monies and 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 with regards to this specific claim but has provided details of an unrelated agreement from 2011 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
  9. Hi, sorry - am just back from the Continent. I did update my address - thank you very much for asking - on the MCOL site. FYI - I have not received anything in the post from Moriarty Law/MMF. I have proof of delivery - the MMF one is fine, but the Moriarty Law one says it was either delivered or to a neighbour....?? I have a name of someone who signed - but am I to assume this is ok? Now, I have noticed that I have Response Forms to fill in on the MCOL website. I assume that the form I fill in is the Start Defence form. Would one of you lovely people be able to give me some pointers please? Do I claim that I have paid it or that I am not due and fill in the 122 word claim, and if so what should I write?
  10. That is great - thank you so much. I really appreciate your help. Have registered online and done the MCOL stuff as you said. Going to post office tomorrow - haven't bought a postal order in years Will keep you in the loop - thank you again.
  11. Thank you Andy - hugely appreciate your time taken on this. Have done this and will go and send these recorded delivery tomorrow. To check, the CCA Section 77a goes to MMF, and the CPR 31.14 goes to Moriarty Law? Just a couple of quick queries; and I would be grateful for your help. Time is a precious factor in all this for me, as I won't be able to do anything for a fortnight as of this weekend with work. In the long run, if the debt is valid - by doing this am I likely to forfeit the opportunity of a quick settlement & removing the involvement of the courts? Will I not just get Moriarty Law/MMF's backs up? What do I do with the court claim form - do you recommend that I respond to the claim form online on the moneyclaim website link on the Court Claim Form? Is that sufficient? What else do I have to do? I'm sorry - it's all rather new and a bit daunting and I just want to do things properly. Many thanks.
  12. Name of the Claimant ? Motormile Finance Date of issue – . 24th August 2017 What is the claim for – 1. The defendant owes the claimant £350 under a regulated loan agreement with Uncle Buck dated 01/11/2010 and which was assigned to the claimant on 01/02/2013 and notice of which was given to the defendant on the 01/02/2013 (debt). 2.Despite formal demand for payment of the debt the defendant has failed to pay 3.and the claimant claims £350 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 £28 What is the value of the claim? c.£450(including costs) 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 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. motormile Were you aware the account had been assigned – did you receive a Notice of Assignment? No, first I was aware was a letter from Moriarty Law dated 24th August 2017 same date as Claim Form from County Court Did you receive a Default Notice from the original creditor? I am not aware of having received one. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? I was not aware that I had - I had a rolling agreement and the same bank account What was the date of your last payment? Not sure, possibly 2012 Was there a dispute with the original creditor that remains unresolved? Not from my perspective Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? No Thank you everyone for your kind replies.
  13. Hi - thanks for the reply. I have done absolutely nothing as I got it this morning. Went straight online - am trying to keep this away from my wife as she'd fret like anything about it. Will do shortly - thank you!
  14. Hi there all New to the site - but would welcome some urgent advice. I had a payday loan with Uncle Buck back in 2010, which I had to rollover on several occasions because of debt problems. I thought everything had been paid off, I moved home a couple of times, got married, changed banks, got on a better financial footing etc. All ok in the world. My postman has handed in 2 letters today - both are for addresses which do not exist (it's using the area as a street name which is wrong), and which I have therefore never lived at. The postcode & house number is right, but the address is plain wrong. He has tried my address as the other people on other streets have no idea where it's meant to be. by sheer luck - I have received a letter from Moriarty Law, on behalf of MMF (an old Uncle Buck debt) saying that despite earlier letters advising of x, y, z they are issuing proceedings in the County Court against me. And, he has also handed me a claim form from the County Court from MMF for the debt of £350 plus over £100 of costs! The court claim form is also for a wrong address (not just that I have never lived there but it does not exist). Here's the rub -IF , I do owe the debt I have no problem paying it off. I have no problem facing up to my responsibilities, and happy to pay. I am also in a fortunate position of being able to pay it off (although it will hurt to do so in one fell swoop), which I know not all are. However, I do not want a CCJ, AND, I cannot see how it is fair that I pay over £100 of costs and interest when I have never heard of a single thing for years from anyone until now. What's worse, is that I am going abroad with work next week for 2 weeks so won't be able to do anything and time is ticking (forms issued on 24th August). Moriarty Law are telling me to call them to amicably resolve the matter - but I have been reading online today that this seems an ill-advised course of action. I just want things sorted this week - even if I just take it on the chin. 1) How do I get the court action stopped? 2) The claim form/admission form - I ideally don't want to fill that stuff in, as I don't like the idea of someone holding my personal information somewhere. 3) If I just offer to pay Moriarty Law say £250 now, will they likely accept and cancel everything with the court? I don't want to pay even more interest when I paid the buggers a load of interest 5 years ago!! 4) How best do I communicate with Moriarty Law - and what's the best way to contact the court? I have worked hard to get myself onto a firm financial footing and an old CCJ is about to be removed from my file in the next year, I cannot have another one tagged on after all I have done. Please, can someone advise me - I would be eternally grateful. Many thanks NL
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