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MMF/Moriarty Law Claimform - old Cash Genie PDL 'debt


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I was gong through bad time financially few years ago and I built up some debts using payday loans such as Cash Genie. Or Motormile finance.

 

I received a letter from Moriarty Law saying they're sending me county court papers for £105 I still owe Cash Genie from 2011.

 

I also received county court claim form and I attached a copy.

 

My main problem that I work for financial institution so if I get CCJ I'll be forced to quit my job.

 

Can they really take you to county for only £105???

 

Now they increased it to £188 with court fees and theirs.

 

This is looks serious and I'm worried!

 

Any advice is appreciated guys!

Thanks in advance

 

Angela.

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Thread moved to the correct forum.

 

If you could read the following link and copy and paste the Qs and your responses back here to enable the best advice on how to proceed.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

 

Regards

 

Andy

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PS I have unapproved your attachment as it shows identifiable details (Claim Number & MCOL password)

We could do with some help from you.

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Name of claimant Motormile finance. But their solicitors called Moriarty law

Date of county court letter is 1/12/2016

Amount owed is

Particulars of Claim:

 

 

1.The defendant owes the claimant £105 under a regulated loan agreement with Ariste Holding LTD T/A Cash Genie dated 10/12/2011 and which was assigned to the claimant on 27/4/2016 and notice of which was given to the defendant on 27/4/2016 (Debt).

 

2.Despite formal demand for payment of the debit the defendant has failed to pay and the claimant claims £105 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 £8.40.

 

It's a payday loan from Cash Genie

 

Th agreement for the loan was in 2011.

 

Last payment made through step change was in 2012.

 

I had some separation problems at the time and extra costs I had to deal with so i defaulted on payment plan.

 

I didn't get letters from Motormile and never was told they assigned Moriarty Law or letter of assignments from them.

 

In summer I received letter from Moriarty demanding payment which I ignored then next thing is a letter dated 1/12/2016 stating they took me to county court.

 

I never received any default letter or statuary notice from Motormile finance in my address.

 

The only communication I used to get from time to time is text message to call them which I ignored.

 

No there was no disputes about the payable sums with original creditor prior to this letter but am sure it was less than £105

 

 

Oh dear!!

I didn't know it shows identifiable details thank you for removing it!

 

Thanks for your help!

 

Angela

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Thanks Angela...now refer back to the above link ...your next task is to acknowledge the claim and state your plea (I assume you will be defending in full) You have 33 days to deal with this...19 days from and including the date on the claim form to acknowledge service and then a further 14 days to submit a defence ...33 days. This can be done on line...see details in the response pack.

 

Also back to that link and send a CPR 31.14 request and a CCA request for the agreement ( All the instructions are provided for in the link)

 

Regards

 

Andy

We could do with some help from you.

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Thank you Andy

Yes I want to defend but I don't know what to say.

1- Go online and defend ? Say I defend all?

2- Send 2 letters to moriarty law CPR 31.14 and CCA request.

Shall I send them by recorded delivery to confirm they got it?

 

What if I lose

Does that mean CCJ is automatically logged against my name?

My employer would sack me.

Thanks for your advice!

 

Angela

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calm down

you.re ok for now nothing untoward will happen yet

 

get that link done

then we'll be able to properly advise you

 

don't do anything yet or speak/write to anyone till we advise.

 

regards

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ok seen the link with the info

all good for now

 

pop up on the MCOL website detailed on the claimform.

 

register as an individual

note the long number given

then log in

 

select respond to a claim and select the AOS box.

 

then using the details required from the claimform

 

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

 

get a CCA request running to the claimant

get a CPR request running to the solicitors

 

don't sign anything

leave the £1PO blank and uncrossed

 

dx

.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thank you Andy

Yes I want to defend but I don't know what to say.

1- Go online and defend ? Say I defend all?

2- Send 2 letters to moriarty law CPR 31.14 and CCA request.

Shall I send them by recorded delivery to confirm they got it?

 

What if I lose

Does that mean CCJ is automatically logged against my name?

My employer would sack me.

Thanks for your advice!

 

Angela

 

In the grand scheme of things its hardly a risk for £188 and I would doubt they would proceed for the amount involved once any defence was submitted.Even if you did lose which I doubt very much as along as its paid within 28 days no Judgment would be registered anyway...vamoose.

 

Andy

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I'm normally very positive about bringing or defending legal actions. However, you should also factor in that if you lose there is the cost of the hearing fee as well. I'm not sure how much that is at the moment for a claim this size.

 

If you are sure that you have a good defence then by all means go ahead. On the other hand, if you think that there is some doubt then it might be better simply to pay it all now and avoid any further expenses and also avoid the stress.

 

I agree with Andy that they might not want to proceed for such a small sum, but if they did then the additional costs would be incurred immediately

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Hearing fee would be £25 on top of the £188 BF

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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I don't mind paying them back in instalments but I didn't like their bullying.

I will defend all but also try to save up in case I lose.

I've got the cca request to claimant and cpr letter to solicitors.

Am just not sure what defence to write later on as I did owe the money but never received any default notice letter or demand in my current address.

Am really grateful lads you put my mind at ease and I didn't sleep for days!

Should I just send those letters now and deal with defence later?

 

Many thanks!

Angela

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Yes but don't miss its date!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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lets see if yo get anything back

 

 

you indicate you might well have moved since you took this out?

so paperwork before might have gone to an old address?

hence why you didn't get it.

 

 

was this a single loan with them or was it rolled owe and there are penalty charges + extra interest on this balance too?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Yes I moved since I took it out.

its possible that letters might've been addressed to old address.

Only letters I got in my current address since 2012 is from Moriarty law.

It was a single loan and if I remember correctly only £75 or so was my blance when I stopped paying.

Does that weaken my defence dx?

I don't even know what to write to defend myself

 

Angela

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nope doesnt weaken anything.

 

well help with the defence.

 

see if they reply yo your cca/cpr

but don't miss filing a defence whatever happens

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

So far no reply from either solicitors or creditors.

 

Furthermore,

I've been trying to login for days to mcol site with my claim number and password sent on country court letter but it's says error Indicating info is incorrect.

So I can't defend all online :(

 

Am supposed to login not register right?

I'll call the county court help line tomorrow.

Dx ta luv

 

Angela

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read/follow post 8

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

so no harm in researching the holding / no paperwork defence we use here

defence not due till 3rd jan by my calcs.

 

 

use the search CAG box in the top red toolbar

 

 

claimform loan

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks dx I've looked into the defence but am not sure what to write.

 

Today I received letter from Moriarty law and I attached a pic after removing identifiables.

 

Also received a letter from Motormile finance stating they outsourced my account to Moriarty law and I should contact them and they returned back my postal order!

 

I really don't know what to do next or how to defend

Any help is appreciated!

 

Angela

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Load of ole twaddle

 

I'd expect them to run this right till the end then discontinue

 

If you follow that suggested search

use the holding/no papwersork def

 

Post it up 1st mind

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Merry Xmas!

Am sorry my child was very ill.

I tried to read and search for a holding/ defence through the search as you suggested.

I realised there is no template for defence and I really don't know what to do!

Saw some defence to particulars but not similar to mine as payday loan.

The claim form date was 1st of Dec and I acknowledged it on mcol.

Please what sections or policies should I refer to in my defence?

 

Many thanks luv

Angela

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