MMF claimform - Quickquid PDL **DISCONTINUED**

[RIDDICK]

Hi GuysJust received from Northampton County Court a claim from Motormile Finance for a debt from Quickquid from approx 5years ago.

 

MMF are claiming XXX amount of which half appears to be made up of unknown charges.

 

I do acknowledge that i owe approx half of this debt and i certainly do not want a CCJ appearing on my credit history. However i have also received an email today from Quickquid requesting payment and both QQ and MMF are claiming they own the debt.

 

Obviously i want to avoid at all costs paying MMF there version of the outstanding balance and would much prefer to pay QQ the amount i actually owe.

 

Just wanted some advice really as i have not seen anyone have a county court claim against them on this forum?

 

Would appreciate any input.

Edited July 11, 2013 by citizenB

[rippedoff15]

If you paid QQ therefore the debt is repaid, the best guy for this is BRIGADIER2JCS you can see on the MMF files message him and he will get back

 

cheers

[ims21]

Hi RIDDICK

 

I have moved your thread to the legal forum in view of the issues of court papers.

 

I have also highlighted a report of this thread to the legal guys on the Site Team.

 

As you have received court papers you have to adhere to some strict timescales.

 

So to get some information....

 

1 What is the date of issue on the claim form.

 

2 Can you please type up the Particulars of Claim as they appear on the claim form.

 

3 You say that you know that you owe them some money. If you acknowledge that fact through the court process then you will get a judgement against you although if paid within 30 days of the judgement then no CCJ entry will show on your credit file.

 

4 You say that this debt arose from some 5 years ago but seem unsure of dates. It would be useful to know exact dates. Don't happen to be in Scotland do you?

 

There will probably be many more questions as this moves forward but this should get things going to start with.

Edited July 11, 2013 by ims21

[citizenB]

So Motormile are the claimants.

 

Whilst I appreciate that the original lender would have been QQ, how are they involved at the moment ? When was the last demand for payment from them and have you kept all the correspondence ?

 

If you could answer ims21's questions above then we can help you prepare for this.

[RIDDICK]

Thanks for the replies everyone.

 

1. Date of issue of the claim is 8th July 2013, so plenty of time to acknowledge.

 

2. Particulars of claim

 

The Claimants claim is in respect of a personal loan agreement regulated by the CCA 1974 made between Quickquid and the Defendant on 20/04/2009.

 

The Defendant successfully applied for a personal loan in the sum of 525.00 via the Quickquid website and was provided with full terms and conditions.

 

The Defendant failed to make the payments, as required and is therefore in breach of the said agreement.

 

A Default Notice was served on the Defendant, which expired on 17/08/2009 and the defendant has failed to comply with the terms therein.

 

On 27/04/2011 a Notice of Assignment was sent to the Defendant notifying them that this debt had been assigned to the Claimant.

 

The Claimants claim therefore stands at 772.12, plus costs.

 

The Claimant has complied with Sections III and IV of the practice Direction on Pre Action Conduct.

 

 

3. I do acknowledge i owe them some money.

 

At the time i was constantly borrowing off them and paying them back and rolling over the loan etc. Then lost my job and hence could'nt afford the repayments.

 

I was unable to enter a payment agreement with them as they would'nt stop the interest on the loan, so i paid a rollover charge of about £120 approx one last time, then cancelled my card and closed my bank account down.

 

I then tried to negotiate a payment arrangement with them for the £525 to pay this off within approx 6months, but this was never agreed.

 

Fortunately i am now in steady employment and acknowledge i owe the 525+£12 default charge so i can pay this amount in probably 2 monthly instalments.

 

But i do not want to pay Motormile the hidden charges that bring the debt up to 772. Also i have not received any correspondence from Motormile, a neighbour whom has newly moved into my block of Apartments whom lives at Flat 2 gave me the letter.

 

I live at flat 4, but the court documents have been sent to Flat 2-4 (although they are obviously in my name. It seems all the correspondence from Motormile has been sent to Flat 2-4 as i have never received any in the past.

 

Flat 2 was empty and had Builders working in there for approx 3 years so it was quite likely my corresponce from Motormile was going there.

 

Would be grateful for any assistance and hopefully this thread will become useful to many others if Motormile start using this as a new approach.

 

Again im not trying to hide from this debt and fully intend to repay what i owe, i just dont want a CCJ on my credit rating.

Edited July 12, 2013 by citizenB
formatting

[RIDDICK]

Sorry abot the above post. I did enter it with paragraphs etc but it has all come out as a block posting.

[citizenB]

Yes, sadly it does that. Frustrating

 

Ok, your timeline is..

 

Issue date - 8th July + 5 days for service = 13 July + 14 days to acknowledge = 27 July + 14 days to submit defence = 10th August.

 

They claim that a Default Notice was issued - was it - did you receive it.

 

There appears to be some lengthy time lags.. 2008 - DN issued - 2011 - Assignment made. They then wait until 2013 to issue a claim ?

[citizenB]

If you require copies of any of the documents they mention in the claim form. You will need to use CPR31.14

 

If you require information for anything that is NOT mentioned in the PoC then you will need to use CPR part 18. Let me know and I will dig out some drafts for you.

[RIDDICK]

Many thanks CitizenB, i will have a good look at what you have suggested over the weekend. Just out of interest would you know if it is possible/advisable to contact Motormile Finance directly and suggest a repayment plan over 3 months to stop court action?Or is it possible to get the claim sett aside due to the inaccurate address (i live at flat 4, the mail they have sent to me has been addressed flat 2-4 and has been delivered incorrectly)?Again i appreciate your help.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?396982-New-payday-loan-survival-guide-by-mike-dailly-govan-law-centre.(1-Viewing)-nbsp

 

If you have a look at the pdf in the link above - there might be something within that which might help you.

[RIDDICK]

Acknowledgement of service filed 24/07/2013.CPR 31.14 sent by 1st class recorded delivery (guaranteed next day) 24/07/2013.Be interesting to see what they come back with in respect to documents and info relating to the particulars of claim.

[RIDDICK]

Letter received from MMF solicitors stating they are contacting MMF in respect to my CPR31.14 request. But nothing received after the 7 days. Do i now have to submit a Defence to the claim as there is only a few days left to undertake this? Be grateful for any advice.

[RIDDICK]

My defence needs to be submitted by Wednesday, so will undertake that duty tomorrow.

The defence will be very short and will make mention that i am unable to plead as the claim is both vague and generic.

 

The Claimant has not provided information under CPR 31 .14 for copies of all documents mentioned in the POC.

Therefore the defendant believes that the Cliamant has issued proceedings without legal basis and in this circumstance, the claimants actions are wholly unreasonable.

 

I will also mention that the Claimant has not complied with Sections iii and iv of the practice direction on Pre Action Conduct, as they have sent correspondence to an incorrect address.

 

Im new to this and i feel im getting this almost right, so if im doing anything glaringly obviously incorrect, i would be grateful if you could respond.

 

i will post my Defence tomorrow. Best wishes.

[RIDDICK]

Defence submitted today.

[citizenB]

Sounds like you have done the right thing. They will now receive a copy of your defence and have 28 days in which to confirm if they want to proceed with the claim.

[RIDDICK]

Thanks CB!! Its a waiting game now. Thanks for earlier advice, i've certainly learnt a lot in the last few weeks.

[RIDDICK]

Just an update. MMF/Optima legal services have yet to respond to my CPR31.14 request.

[BRIGADIER2JCS]

NOT surprising.

[PippaB]

Any news Riddick? I am going through the same and at exactly the same point in time as you; no news yet from my side, they still haven't replied to my CPR31.14 request either, so I guess the court will throw these out soon?

 

p

[RIDDICK]

Hi Pippa

Im in exactly the same position as yourself, i have not heard anything back.

 

the CC action is on hold,

i do not want to tempt my luck by applying for a stay.

 

Reading on other forums, MMF have issued quite a lot of court claims recently.

It could be the case, that 90% of people just accept the claims and pay up or get a CCJ against them and if the other 10% put a defence against their claim, it may not be worth them seeking judgement as they obviously have some kind of issue with their paperwork.

 

It is also worth noting that Quickquid are an American company and when me and you applied for these QQ loans 3-5years ago, maybe the paperwork we signed/electronic signature although compliant with USA law may not comply with UK law. Just a thought.

[BRIGADIER2JCS]

The Loans are made under English Law>

[PippaB]

Hi Riddick, I've posted an update on my thread as Optima sent a load of paperwork through and look like they will be proceeding. Have you received anything? Just wondered if we're still on the same timeline?!

[RIDDICK]

Hi Pippa. I have not received anything from Optima at this moment in time. But im pretty sure something may arrive soon as the debt will be stat barred in 9months.

[AndyOrch]

Hi Pippa. I have not received anything from Optima at this moment in time. But im pretty sure something may arrive soon as the debt will be stat barred in 9months.

 

Not now a claim has been issued ...the clock has stopped.

 

Regards

 

Andy

[RIDDICK]

Andy Just to confirm is it because you are acknowledging the debt via the County Court Claim prior to the 6years that it is not stat barred?Thanks for your help.