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Found 36 results

  1. Name of the Claimant ? Motormile finance uk ltd (MMF) Date of issue – 01 Dec 2017 date to file defence - 03 Jan 2018 What is the claim for – 1.The defendant owes the claimant £292.81 under a regulated loan agreement with Casheuronet LLC T/A quick quid dated 03/09/2013 and which was assigned to the claimant on 01/12/2016 and notice of which was given to the defendant on the 01/12/2016 (Debt). 2. Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £292.81 and further claims interest thereon pursuant to the section 69 of the courty court act 1984 limited to one year to the date hereof at the rate of 2.45% per annum amounting to £7.18 What is the value of the claim? £374.99 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Pay day loan When did you enter into the original agreement before or after 2007? After - 03/09/2017 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. MMF - Moriarty Law Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that im aware. Did you receive a Default Notice from the original creditor? Not that Im aware Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Illness, SSP and had to leave work due to becoming disabled. What was the date of your last payment? None made to my knowledge. 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? Im sure I made a payment arrangement at the time to pay late but couldnt pay. Hi all, Today I have received a claim from Moriarty law from CCBC, for a payday loan from Quick Quid. This relates to a payday loan I took out in 2013 for £150. Around this time I was ill, in and out of work on SSP so took this loan out as a desperate need for cash. I also had outstanding loans with wonga at the time which have now been written off due to being unaffordable. Also, just logged in to acknowledge claim and i didnt notice at first but the claim is issued to a MS 2ltr16valve..... Ive been a MR for my life up until now .....
  2. These seem to be coming thick and fast now.. Received the attached claim form on Christmas Eve! Name of the Claimant ? Cabot Financial UK Ltd Date of issue – 21/12/2018 Particulars of Claim 1.By an agreement between Vanquis Bank Ltd & the defendant on or around 16/3/2015 Vanquis Bank Ltd agreed to issue the defendant with a credit card. 2.The defendant failed to make the minimum payment due & the agreement was terminated. 3.The agreement was assigned to the claimant. 4.The claimant therefor claims £290.77 2. costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (pre action protocol) ? No idea, but a lot of these letters tend to be ignored, or go in the bin. What is the total value of the claim? £365.77 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?Credit card When did you enter into the original agreement before or after April 2007 ? After Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes 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. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No idea 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? It was around the time of the birth of my daughter and I fell behind due to everything that was going on at the time as there were complications and we had an extended stay in hospital What was the date of your last payment? Sometime in 2015 I think 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 planicon? No I'm guessing I should just log into MCOL and select defend all? The sum they are claiming looks like it was a lot higher than the credit limit. Should I just defend all and send them a CPR 31:14? 1888_001_Redacted.pdf
  3. Hi, I received another claim form on Friday from Moriarty Law for a debt related to a Spark Energy account. I'll post the full details tomorrow as I forgot to bring the claim form with me to work today. I have no recollection of ever being with Spark Energy, and the amount Moriarty are claiming is about £300. Coincidentally, on Saturday I also received a letter from Moriarty Law informing me that I will receive court papers shortly, and that they would like to still resolve this amicably. Firstly, I will complete the AOS online tomorrow defending all - I just wanted to check what CPR request to make of them, and as this is for a Utility debt whether the protocols are different? I am guessing they still have to present documented evidence in support of the claim? What should this consist of for a Utility debt?
  4. Name of the Claimant? JC International Acquisition LLC Date of issue – 4th September 2018 What is the claim for – the reason they have issued the claim? 1. The claimants claim is for the balance due under an agreement with Talk Talk Limited dated 29/05/2013 which was assigned to the claimant on 31/03/2015 and notice of which was given to the defendant on the 31/03/2015 and which is now all due and payable. The defendant agreed to pay monthly instalments under account number xxxxxx but has failed to do so. And the claimant claims the sum of £115. The claimant also claims interest thereon pursuant to S.69 county court Act 1984 Limited to one year to the date hereof at the rate of 8% per annum amounting to £8.21 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No What is the value of the claim? £200 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Landline & Broadband 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. Debt Purchaser 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 ceased payments because the broadband soon became disrupted and sometimes ceased to work after many years of good service. TalkTalk attempted to fix the line and sent engineers out twice but still unable to fix this. They were still investigating the line when I received my monthly bill and noticed they had billed me for two engineer visit charges for works they were still attempting to rectify. I spoke to TalkTalk who understood and agreed to remove the charge as they had not yet resolved the issue. But the customer service chap then requested that I commit to another 12 months contract with him first before he removed the charge. I declined because I felt blackmailed with pressurised sales tactics and could not guarantee the line would be fixed. I switched over to Sky and demanded TalkTalk remove all charges before I paid for my final month – of disruptive service! TalkTalk customer care called when they noticed what had happened as Sky attempted to take over the line. The chap agreed again to remove the charge but asked that I commit to another 12 months contract to prevent Sky from taking over my line. I refused and they failed to resolve my dispute. The debt has since been sold to various companies and I explained the situation to them, advising that I only owed one month’s payment. They all understood and stopped chasing me. Now Moriarty Law, a company I have never dealt with before, has issued this claim. What was the date of your last payment? Around 2014. Still attempting to verify with TalkTalk Was there a dispute with the original creditor that remains unresolved? Yes Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ? No I have acknowledged receipt of the claim form and stated my intention to defend in full via MCOL. I have also sent a CPR31 to Moriaty Law who responded on the 19th September that “they have contacted the original claimants for the documents requested and will notify me of their response shortly” They have also stated in their response “In the meantime, the account will remain on hold and collection activity has been suspended” Please note that I did not mention my dispute with TalkTalk in the CP31 Although they have stated the above, I need to provide my defence to the courts in time and not sure how to proceed. Any help will be appreciated. Many thanks in advance
  5. Hi guys, I am new here but I have been told I might be able to get some help. I received a judgement in default letter from the County Court Business Centre a few days ago which came as a shock. I know the importance of replying to any claim issued against me. This is in relation to a pay day loan debt from 4 years ago, which has now been bought by Motormile Finance UK Ltd. I paid some of the debt off then missed a payment, then they increased it massively and I couldn't keep up. I moved on and heard nothing for many years until I get this judgement letter from the court. When I phoned Moriarty Law, the firm representing the Claimant, they told me they issued to my former address. They realised their mistake and then sent a copy to my new address. I received this but thought it was a scare tactic as it had not come from a court, and I would assume I would receive court papers from a court! When I asked them why they didn't inform the court they became ambiguous and I didn't understand what they were talking about. I have been told to set the judgement asside which is what I will do. I am currently on ESA so apparently I do not have to pay a court fee which is a great relief. However, I need to know is it now too late to start the 3 letter process? Or should I get on to this straight away so that if the judgement is set aside I will get my chance to defend the claim? In anticipation of your help, Jake
  6. Please could you help? It would appear that my partner's historic debts have been sold off as this is the second issue in as many months... On 28th December we received a Final Demand from Moriarty Law for an alleged debt to Sky for approximately £200. This was the first letter we had received. On 2nd January we sent the SAR and £1 as recommended by CAG. Today we have received a letter stating the following: Please be advised , we are unable to supply copy bills or statements of account. To obtain these you will need to log into the Sky portal using your Sky ID for online services. With regard to your request for a copy of the credit agreement relating to this claim, we can confirm that this debt is for services provided by Sky and not for credit and the Consumer Credit Act 1974 does therefore not apply. Consequently, please find enclosed a refund cheque for £1.... Can they request money with no proof and have we sent the wrong letter in the first place?? Any help would be gratefully appreciated as I'm not sure how to respond. Many thanks for your time JT
  7. Hi as part of our research on outstanding debt to put together an income and expenditure form for StepChange, we requested a Noodle report and on it there was a CCJ which we have now discovered id Moriarty law for an Uncle Buck debt. In the letter it states that an instalment plan had been offered to us which it hadn't and i assume that before a CCJ gets registered we should have received some communication from the court which we didn't. Don't really know where to go from here as we are trying to pull together a plan but it's going to be blown out of the water if we are forced to make a lump sum repayment. any advice would help.
  8. Name of the Claimant ? MMF Date of issue – 28th March 2018 What is the claim for – The defendant owes the claimant £385 under a regulated agreement with cash on go limited t/a peachy dated 27/11/2012 and which was assigned to the claimant on 07/01/2014 and notice of which was given to the defendant on 07/01/2014 (debt). Despite the formal demand for payment of the debt the defendant has failed to pay and the claimant claims £385 and further claims the interest thereon pursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £30.80 What is the value of the claim? 500.80 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. mmf Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Possibly Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure Why did you cease payments? could no longer afford payments What was the date of your last payment? DEC 2012 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
  9. My partner received a recent demand for an energy bill we calculated from 2011 from Moriarty [Removed] we sent a statute barred letter by signed for (received 03:09) yesterday we received another letter from them threatening court action, can someone please advise the best course of action to get rid of them Removed ? Thanks
  10. Moriarty Law have issued proceedings in Northampton County Court against me for a debt from 2013 from Mortomile Finance/Wage Day Advance. Now i probably do owe this debt but should i challenge that they actually have all the right paperwork to make this enforceable. The debt looks to me roughly 350 pound higher than it should be. What do you think the best thing to do should be. Notei have just got off holiday and came back to this so only have a few days to respond, so if anyone could reply quickly that would be great. thanks all
  11. Name of the Claimant ? JC International Acquisition LLC Date of issue 20/09/2017 The particulars of claim state: 1,the claimants claim is for the balance due under an agreement with talk talk limited dated 26/02/2013 which was assigned to the claimant on 31/03/2015 and notice of which was given to the defendant on the 31/03/2015 and which is now all due and payable. 2. the defendant agreed to pay monthly instalments under account number ....but has failed to do so. and the claimant claims the sum of £194.33. 3. the claimant also claims interest thereon pursuant to s.69 county court act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £15.54 Total amount including fee's is £284.87 I have never agreed to make monthly instalments as I am 99% sure I have never spoken to them regarding this debt and I have definately never responded to any letters. What is the value of the claim? £284.87 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Talk Talk Internet When did you enter into the original agreement before or after 2007? After but not sure when 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. JC International Acquisition/Moriarty/Talk Talk? Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I can remember Did you receive a Default Notice from the original creditor? I dont think so, but can not be 100% sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure Why did you cease payments? Dreadful service, broken promises and extremely rude customer services What was the date of your last payment? 2013 i guess 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 I remember telling them that I wanted to finish because I was unhappy with the dreadful service and if it wasnt rectified I would swap to sky who I have been with and am still with to this day So any advice gratefully received on how to deal with this matter The issue date of the claim was 20/09/2017 and I received it on unknown (as i have issues dealing with paperwork and opening mail) but soon after the issue date I am sure. I am sorry but only realised this evening I need to have my defence in by tomorrow at 4pm...... .. I was sure I had 28days after acknowledging service ( Your acknowledgment of service was received on 09/10/2017 at 08:02:21) but now realise after a panic that it is only 14days Thank you in advance for any advice you have, I am looking now for opther threads to see what I can put as a defence. Sorry Hi I recently received a claim form from the County Court Business Centre in Northampton, by Moriarty Law on behalf of JC International Acquisition for a Talk Talk debt. I have seen a similar problems on here to mine but I am not 100% sure what to do next! Is this the kinda defence I want to be submitting, obviously editing point number 2. I now know that immediately after acknowledging service I SHOULD or done a thing called CPR 31.14 to the solicitors............... so how should I go about approaching this now? 1. The Defendant contends that the particulars of claim are vague and generic in nature.The claimant's’ particulars of claims disclose no legal cause of action as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16.2 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.The claim is denied. I am unaware of what debt the claimant refers to.I have requested information pertaining to the claimants claim by way of a CPR 31.14 request sent on 06.10.2017 and wich the claimant received it on the 09.10.2017 The claimant has failed to respond. 3.The claim is denied the Claimant has not served a Notice of Assignment pursuant to the law of property act 1925 and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) Show and evidence the nature of any breach;and © 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; 4.Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if 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. 5. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. 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 82A of the consumer crediticon Act 1974. 7. 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. Should I send this CPR request off to Moriarty today by Special delivery? CPR Template removed If I dont get a response (which is understable because I have left the matter so late), I will go ahead and just file this as my defense (Send the above CPR 31.14 off tomorrow) and hope for the very best 1. The Defendant contends that the particulars of claim are vague and generic in nature.The claimant's’ particulars of claims disclose no legal cause of action as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16.2 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.The claim is denied. I am unaware of what debt the claimant refers to. I have requested information pertaining to the claimants claim by way of a CPR 31.14 request sent. 3.The claim is denied the Claimant has not served a Notice of Assignment pursuant to the law of property act 1925 and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) Show and evidence the nature of any breach;and © 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; 4.Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if 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. 5. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. 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 82A of the consumer crediticon Act 1974. 7. 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.
  12. Hi All, Today I have received a letter from Moriarty Law: Our Ref: xxx Acc No: xxxx Amount Due: £185.88 Claim No: xxxxx Original Lender: Talk Talk Limited Dear Mr. X, Following our earlier letters regarding the above outstanding balance we have now issued proceedings in the County Court at Northampton to effect repayment of this debt. You will shortly receive a County Court Claim from Northampton County Court along with an information pack containing details on how to respond. It is still not too late to amicably resolve this matter and therefore please call our offices within 14 days on 02031264544 where our litigation executives will be happy to help and explain the options that are open to you. Yours faithfully, Moriarty Law I believe this "debt" relates to my previous house where I lived with an ex-wife. My ex took out a restraining order against me and so I was effectively kicked out of the house. I contacted Talk Talk who supplied the phone and broadband and told them I was no longer living there and they sent me a change of ownership form. I filled it in, sent it off and thought that was the last of it, and cancelled my direct debit. Until today, when I received the above letter. I have access to my Experian credit report and nothing mentioned on there about it either. After checking my emails, I signed up on 10/11/2012. After checking my bank statements, it seems the last payment I was for £10.11 on 04/07/2013. Will I definitely be getting a claim form or is there a chance they are trying to scare me into paying up?
  13. Hi I received a claim form about an alleged outstanding debt with TalkTalk from 23/03/2012. I have not replied to the form as i only received it today. They claim on the form that i agreed to pay in monthly instalments on the 21/03/2014, This is the first time i have ever heard of JC International and i have defiantly not agreed to any sort of payment plan with them. Is this one last dig for them to try and recover the debt as it is now statute barred. How do i go about fighting this as i really don't want a CCJ on my record.
  14. Hello, I wonder if someone could please help me with this? I had TalkTalk as broadband provider back in 2011. I moved property back in June that year, informing TalkTalk by phone that the landlord agreed to continue with the service and we just wanted a change of name. On the 06/06/11 I was provided via email with a change of name form, which we sent via Royal Mail following the procedure that the retentions advisor suggested and paying for all my account balance, canceling the direct debit. My Landlord, who moved back to the time to the property made calls to India (so I knew it was him) and realized that they never changed the ownership of the account, even when I called them months after the mistake, indicating that the form could have probably been lost in the post. Ever since, I've had a series of collection agencies trying to get the money back, to all of them, I;ve explained the same story over and over again until the last one with Moriarty Law, the ones that are now threating me to take me to court if I dont pay the inflated amount of £208.93. I do understand that these companies just buy the debts in a desperate attempt to get money back. I did explain on the phone that I don't owe anything to TalkTalk and how it was possible for them to keep chasing me as I understand that this should be categorized now as barred? I wonder if there's anything I could do or hit them back? I hate people like this chasing me for something that I've already explained, declaring that if they didnt change the name on the account it was their problem not mine and they are chasing the wrong person for the debt. I think after 7 years I've had enough of clowns chasing me for this and believe now that this is an unlawful practice under the limitations act? Can I now take them to court for harassment opening a case in the small claims court? Thank you beforehand for any help you can provide me with. Kindest Regards, GB
  15. Name of the Claimant ? MMF Date of issue – 12th April 2018 What is the claim for – The defendant owes the claimant £587.43 under a regulated agreement with uncle buck LLP 29/4/2013 and which was assigned to the claimant on 22/11/2013 and notice of which was given to the defendant on 22/11/2013 (debt). Despite the formal demand for payment of the debt the defendant has failed to pay and the claimant claims £587.43 and further claims the interest thereon pursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £46.99 What is the value of the claim? £764.42 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? mmf Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Possibly yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure probably Why did you cease payments? could no longer afford payments What was the date of your last payment? 2013 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 Good Evening all. The above is what you ask for. I have spent a long time over the past few weeks/month reading other threads & posts & I believe I have proceeded correctly so far without bothering anyone. I have added pdf all the correspondence between myself & MMF Lantern & Moriarty Law. TIMELINE LETTER 21/7/17 MORIARTY LAW been instructed by MMF : Ignored LETTER 7/8/2017 MORIARTY LAW "FINAL DEMAND BEFORE PROCEEDINGS" : Ignored LETTER 4/1/2018 MORIARTY LAW "LETTER OF CLAIM" : Ignored LETTER 22/1/2018 MORIARTY LAW "FINAL DEMAND BEFORE PROCEEDINGS" : Ignored LETTER 12/4/2018 MORIARTY LAW "COUNTY COURT CLAIM ISSUED" A claim was issued against you on 12/04/2018 Your acknowledgment of service was submitted on 13/04/2018 at 17:30:56 Your acknowledgment of service was received on 16/04/2018 at 01:04:33 I sent a CCA Request to MMF on 17/4/2018 signed for received by them 18/4/2018 CPR 31:14 request to Moriarty Law on 17/4/2018 signed for received by them 18/4/2018 LETTER 20/4/2018 LANTERN postal order returned LETTER 20/4/2018 LANTERN two copies of agreements for other payday loans irrelevant to this claim LETTER 12/4/2018 MORIARTY LAW copies of STATEMENT OF ACCOUNT & NOTICE OF ASSIGNMENT LETTER 12/4/2018 MORIARTY LAW copy of agreement & electronic signature I am @ the stage of submitting my defence & I believe the due date is tomorrow 14/5/2018 by 4pm. The below is my 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. The Claimant claims £587.43 is owed under a regulated loan agreement with Uncle Buck Finance LLP. I did not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a Section 77 and CPR 31.14 request who are yet to comply. 3. 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 ************ from either the Claimant or Uncle Buck Finance LLP. 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 in order to establish what the claim is for. To date the Claimant solicitors, Moriarty Law, have failed to fully comply with this request. The claimant in an attempt to comply with my section 77 request has sent me two copies of agreements which are not connected to this claim. 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. So please I am asking & observations made: 1. As I have received the copies of the statement of account & notice of assignment, copy of agreement & electronic signature I presume I will have to change the above defence slightly or shall I just submit anyway on mcol & let Moriarty presume I haven't received docs after all not signed for by me???? 2. Have I got my dates correct for submitting.....I hope so!!!?? 3. No default notice received by Moriarty is that good for me? . 4. Two copies of agreements for other payday loans irrelevant to this claim from Lantern Thank you in advance for any help received & I will continue to update this post to help me record what I have done, so you can advise & others can hopefully gain vital info Thanks Again lizmlbundle.pdf
  16. Hello - I am new and clueless so thank you to this site and to any who respond for any help. I have received a letter after several previous horrible threats from the same stating that they have initiated a court claim. Assuming they are telling the truth and the claim arrives soon is there anything I should do now or should I wait to make a post when it arrives? Many thanks
  17. Hello to all you helpful souls @ CAG, I am hoping for some advice...... A couple of years ago I took out a payday loan with MRLENDER @ £700ish. I found myself in financial difficulty and was not able to repay. I tried to talk to MRLENDER but they were not interested in my circumstances and just insisted on full payment or interest/charges would be added etc. This annoyed the hell out of me!! Therefore I just ignored them. I have now received a letter from MORIARTY LAW (dated 09/12/16), stating; Amount Due: £1312.50 Original Lender: PDL Finance t/a Mr Lender We have been instructed by Motormile Finance UK Ltd (MMF) in relation to recovery of the above debt. The debt must now be settled within the next 14 days by either payment in full or an initial payment and an acceptable repayment plan. In the event we do not hear from you within the next fourteen days we have been instructed to issue proceedings without further reference to yourself. To ensure you are fully aware of the consequences of legal proceedings being issued against you we have detailed below the costs, fees and interest that the court will add to your account should this action be taken. Court fees: £70 Solicitor costs: £80 Interest: £105 The issue of proceedings and any consequent judgment in our clients favour would therefore result in your debt increasing to £1567.50. I have not been informed by Mr Lender / Motormile that this has been passed on/sold to Moriarty Law. I do work full time, however I am in receipt of child tax credits and don't have the money to pay this off in full...should I try to arrange a payment plan? Is Mr Lender in any way liable due to poor affordability checks in the first place, or is this all on me solely? Thanks in advance for any and all replies. Dave.
  18. Morning All I have just got back from a business trip (been away 6 weeks). On opening my post I have come across a Claim Form (Northampton Court) filed by Moriarty for the Claimant (Motormile). Debt is for 859.33 plus interest (928.07) plus court fee (60.00) plus legal rep's costs (70.00) - total 1058.07. Can someone please help as to how I should respond because I believe as this was issued on 15 August I have very little time to do anything about it. I had been getting letters from Motormile and then Moriarty for a while but have ignored all. Worried!!!!
  19. Hi, I have been helping my partner with a claim that has come through from Moriarty Law. The circumstances of this is a county claim form came and was defended. Defence being that she was unaware of the debt or even the contract. Her ex-husband was controlling and dealt with all of the services to the house. She left the property 01/01/2012 and moved away and everything was dealt with by a solicitor. She has spoken with Moriarty Law a number of occasions asking for a copy of the agreement and when this was signed as she had no knowledge of it. A formal request was sent as the defence was submitted with no reply. Allocation questionnaire has been filled in and returned, Moriarty law have now sent a copy of their defence. Hearing is scheduled for 8th Dec In order for us to help you we require the following information:- Name of the Claimant JC International Acquisition Date of issue – 15th June 2017 What is the claim for – 1.The claimants claim is for the balance due under an agreement with talk talk limited dated 06/2011 which was assigned to the claimant on 03/2014 and notice of which was given to the defendant on the 03/2014 and which is now all due and payable: 2.the defendant agreed to pay monthly instalments under account number XXXX but has failed to do so and the claimant claims the sum of £160. 3.The claim also claims interest thereon pursuant to S.69 county court act 1984 limited to one year to the date hearof at the rate of 8% per annum amouinting to £20 What is the value of the claim? £250 Is the claim for - Landline and Broadband 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. - assigned 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? Was not aware of the account, split up 01/01/2012 and didn't even realise the phone account was under my name. What was the date of your last payment? unsure Was there a dispute with the original creditor that remains unresolved? Wasn't aware of the debt. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? No communication with Talk Talk What you need to do now: would like some assistance in preparing defence and also witness statement ready for court
  20. Hey CAG, Hopefully someone can help me out with this issue. I just got a court letter issued 27th of June from MMF via Moriarty Law looking for payment from a payday loan taken out in 2011 from wageday advance for just over £400 (The claim was filled with the Northampton County Court). I went online and responded to the claim with an acknowledgement of service, however I can see that I am over the 14 days I had to respond to the initial claim and now I am a little worried that they may have already filled the CCJ. I want to defend the claim as I am 80% sure they took the money out of my account (even though I had no overdraft facility) from LloydsTSB which left me with a debt with the bank. However it's been over 6 years from the initial default with wageday, I've moved a number times since then, and Lloyds and TSB are now two separate entities so it's doubtful I have the proof of this. I am hoping someone on here could help me with what type of response I should issue to the court, or to any of the claimants specifically? I really don't want a CCJ (who does) and I've recently got on top of some really bad debts so this would be a major blow to my credit. If someone could help me out, I'd be eternally grateful. Thanks!
  21. Name of the Claimant ? MMF Date of issue – 04/10/17 What is the claim for – 1.The defendant owes the claimant £260 under a regulated agreement with curo transatlantic t/a wagedayadvance dated 28/05/2012 and which was assigned to the claimant on 16/10/2012 and notice of which was given to the defendant on 16/10/2012 (debt). 2.Despite the formal demand for payment of the debt the defendant has failed to pay 3.and the claimant claims £260 and further claims the interest thereon pursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £21. What is the value of the claim? 359.32 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. mmf Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, but I couldn't be sure one way or another if notice received Did you receive a Default Notice from the original creditor? Possibly, but I no longer had it Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I don't believe so Why did you cease payments? could no longer afford payments on my part time wage, then started full time university What was the date of your last payment? 27/07/2012 Was there a dispute with the original creditor that remains unresolved? yes. Unaffordability complaint made and declined. Has been with the ombudsman for several weeks. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I believe so, I tried to keep up payment on just the interest for a while, but was unable. I have received a claim form from the court in relation to an old payday loan debt with wagedayadvance/mmf I made an affordability complaint and shortly after they decided I didn't have a case, have made a court claim. Before I received the claim, I took the case to the ombudsman, so have ask moriarty law to stay the case until this is complete. Ive attached my statement of account if it helps at all. What else can I do Thank you
  22. 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
  23. I had a letter from Moriarty saying they were acting on behalf of MMF who had *bought* a debt from WDA in 2012. I told them I had made a complaint to FOS re WDA and was waiting an outcome, which I had. Yesterday, I got home to 2 letters one from WDA who said that since some of the payday loans were from 2008-2011 they could not look at the interest and charges on them but did offer a payment of in total £382 as final settlement, which brings me to the 2nd letter from Moriarty who now say they have been in discussion with MMF and they are willing to take a payment of .. yep, £382 to settle the debt from 09/12. They have never registered this debt on any credit files and I know they cant know as its out of the timescale. Do you have any suggestions, if I take the settlement from WDA will I have to pay it straight to Moriarty, surely this proves they are all in cahoots as if we didn't know already. Does anyone have any advice for me please. Thanks
  24. Hi. Got a letter this morning from Moriarty Law that begins 'As you are aware, we recently issued court proceedings against you.' I have received no claim form or indeed any letters for this for a few years now. Its regarding an old wagedayadvance loan. Letter goes on to say 'We have been instructed by our client to enter judgement against you 14 days from the date of this letter.' Any advice please. Many thanks. Paul.
  25. Hi Could someone please help as I'm very new to this. I've just received a letter dated 3rd July from what looks like it's from County Court Business Centre. It says the claimant is JC International Acquisition LLC and the name for payment is Moriarty Law. It says I haven't replied to the claim form and am ordered to pay £1655.2 or £50 a month? It doesn't show what I owe it for but from looking at other posts, looks like it may be Talk Talk. Any help or how to respond will be much appreciated. Thanks in advance!
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