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Everything posted by delman1

  1. I will do that, thanks Andy. I will update this thread after I have had the phonecall so you know how it goes. Thank you everyone for your help
  2. Thank you Andy. I will try and agree something with them tomorrow then. Should I complain separately that they have faked my signature or is that an argument not worth having? I will try and sort it with them tomorrow, but do you think that they will definitely come to court if it had gone that far? I have seen a few threads that say people have discontinued their claims or not gone to court. I am not going to try my luck I am just curious. Thanks everyone
  3. It is very strange. The reference on the direct debit form says WEBxxxxxx I think even that means it was an online sign up. I don't know why they would feel the need to fake my signature, surely they would win the court case by just showing that I had filled an online form out, not need a signature? I really don't understand.
  4. Hi dx, It is definitely not my signature. I have never actually signed for any loan. I am 100% of that (and also it looks nothing like my signature). Since they have my correct bank account number I am assuming that I must have taken the money though.
  5. Hi, I have been into the bank and they were not overly helpful (they said that they couldn't give me old statements), but they did confirm that my account number was the one that Moriarty say it is. So it does look like I did have the loan. Can anyone give me any advise as what to say in mediation? I cant afford to offer to pay the money but I don't want a CCJ either.
  6. The only payday loans that I have taken out have been online. The most I have ever had to do was type my name in a box at the end (not sign anything properly). I am very confused.
  7. Hi Dx, thank you for replying. I will ask my friend to scan the allocation letter and attach it soon. It says notice to proposed allocation to the small claims court: 1. that it is a defended claim, 2. that it appears that the case is suitable for allocation to the small claims track 3. I must complete the small claims directions questionnaire (which I have done and sent back). It is quite possible that I did have the loan (as it looks like the company has changed names, that may be why I don't remember it). However, the signature is definitely not mine either way. I will go into my old bank on Monday and ask if it went into my account. What should I do now? If I did have the money I cant afford to pay it back right now. Should I tell them that when they phone for mediation?
  8. Hi, thank you, sorry it has taken me a while to reply, I had to get a friend to scan the papers as I do not have a printer. The defence that I filed stated: I deny that I have ever had any accounts or services with or from Motormile Finance UK Ltd. Following letters I have received from Moriarty Law, I have replied to them requesting more information regarding their claims for money (I have Royal Mail recorded delivery receipts). I have received no reply, only the same letter asking for money with no further details. I have written to Motormile Finance UK Ltd today asking them for the real information. I stress that I have had no accounts with Motormile Finance UK Ltd and I have copies of all letters sent and received to and from Moriarty Law. In the interest of minimising court costs, I request that the Claimant provide me with proper documentation forthwith to enable mediation. I think I have attached the paperwork that I have been sent after I filed my defence. MMF returns.pdf
  9. Name of the Claimant ? Motormile Finance UK LTD MMF Date of issue – 04 July 2017 What is the claim for – 1.The defendant owes the claimant £260.45 under a regulated agreement with Curo Transalantic LTD T/A Wagedayadvance dated 01/04/13 and which was assigned to the claimant on 31/07/13 and notice of which was given to the defendant on the 31/07/13 (debt). 2. Despite formal demand for payment of the debt the defendant has failed to pay and the claimant and the claimant claims £260.45 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 £20.83. What is the value of the claim? £356.28 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PDL 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 Finance Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? I don't think that this is a loan that I took out. I have had payday loans and I have messed a couple of them about for payments but that is just because I literally could not make ends meet. I have not had a payday loan for about a year now. What was the date of your last payment? There wasnt any. 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 Thank you honeybee, Andyorch and dx100. I have copied and pasted the information above.
  10. Hi, I have received CC papers for a debt owing to Moriarty Law on behalf of MotorMile Finance. The total amount is for £350 for a loan taken out in 2013. I have sent in a defence saying that I do not recognise the debt and requesting further information. I have received a letter from Moriarty Law with photocopies of their paperwork. I now have a mediation appointment booked for next week. I am worried because firstly I have never been to court before and it scares me. Secondly, the paperwork does not look correct. The signature in the box that I am supposed to have signed is definitely not mine. They say that they paid the money into an account number XXXXXXXX, but I have changed banks since 2013 and I don't know if it is mine or not. It is possible that this is genuine, I have had payday loans before, but there is also a chance that it isn't (the fake signature is what worries me most). What should I say in mediation? I don't want to end up with a CCJ. I can't afford to pay £350 and I am also disabled so going to court will end up a nightmare as my nearest is the other side of a different county. If I offer them something like £25 as a gesture without admitting liability do you think that they will go away?
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