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

[dx100uk]

something like

 

 

example 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 and accepted I have in the past had financial dealings with [Original Creditor].I do not recall the precise details or agreement and have sought verification from the claimant who is unable to comply.

3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served last year from either the Claimant or [Original Creditor]

4.It is therefore denied with regards to the Defendant owing any monies to the Claimant,

the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14,and remains in default of my section 77 request, 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 77/78 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 77/78 request and their solicitors, [name them], have stated in relation to my 31:14 request that they are under no obligation to disclose any documentation on which the claim is based.

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.

..check and edit to suit.

Regards

Andyorch

[nicked by DX]

[compilerz]

I really hope am not too late.

I've read posts about credit card defence or overdrafts but I didn't know if I can copy the same

You mentioned I should look for loans.

Should I write in my defence that I neve received any letter of assignment from them or default?

Sorry am just not good with these things.

[compilerz]

Thanks

wrote this before seeing your response.

Reading it now.

[compilerz]

You're very kind!

So once I edit this send it to Moriarty?

What about the mcol deadline?

 

Can't thank you enough luv

 

Angela

[dx100uk]

no you file it on mcol like you did the ack [aos]

 

but have a play with it

you need to align it to their poc

and post it up

 

you've a week yet [4pm 2nd jan]

keep calm don't panic

[compilerz]

Happy New Year!

I have edited the names of creditor and solicitor.

The POC response seem to be suitable for my case so I didn't change much.

Just not sure about section 77/78 bit is that correct or needs amending ?

 

 

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.

 

Here 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. Paragraph 1 is noted and accepted I have in the past had financial dealings with Ariste Holding LTD t/a Cash Genie.

I do not recall the precise details or agreement and have sought verification from the claimant who is unable to comply.

 

3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served last year from either the Claimant or Ariste Holding LTD t/a Cash Genie

 

4.It is therefore denied with regards to the Defendant owing any monies to the Claimant,

the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14,

and remains in default of my section 77 request,

 

 

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 77/78 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 77/78 request

and their solicitors, Moriarty Law, have stated in relation to my 31:14 request that they are under no obligation to disclose any documentation on which the claim is based.

 

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 creditAct 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.

 

Is that ok to post tonight?

 

Many thanks!

 

Angela

[dx100uk]

ive added their poc to your post as your need to align your response properly to their para numbers.

[re your point 2.]

 

 

if you pop back and read the full CCA request

you'll see the numbers are explained

[compilerz]

Am really grateful dx!

Seriously without your help lads i wouldn't know where to start even. Thank you!

 

It's asking me if I want to make a counter claim on mcol

My guess is no right ?

 

Angela

[dx100uk]

correct

[compilerz]

I've submitted the form on mcol.

How will I know the result ?

Keep logging into mcol?

 

Many thanks!

 

Angela

[dx100uk]

you mean you submitted your defence

 

mcol should update

but might be a few days mind.

[compilerz]

I received the following from Moriarty Law

 

We write to acknowledge receipt of the Defence filed by you with the Court and in that regard we confirm that our client is proceeding with their claim.

 

Yours faithfully,

Moriarty law.

 

Does that mean the court will look into their claim or should I do now?

can they win a case without providing any documents to me about the debt ??

Thanks guys!

 

Angela

[dx100uk]

without complying to atleast your CCA request they cant do anything.

[compilerz]

After receiving a letter from moriarty law they're proceeding with case

I've been waiting to hear from court but so far nothing.

 

Moriarty Law has been calling my phone many times but I didn't answer them.

 

I understood from reading posts it's better not to talk to them so Should I answer their calls?

 

Thank you dx!

 

Angela

[AndyOrch]

You have nothing to discuss with them...they should be following the court process if they wish to proceed.

[compilerz]

Thank you Andy!

I just find it strange they decided to proceed despite the fact they never responded to cca request.

Now they're emailing and trying to call me.

I'll follow your advice and ignore

So normally I'd hear from the court right?.

 

Many thanks!

Angela

[AndyOrch]

The claimant is not compelled to disclose anything until the correct point in the procedure which is at allocation stage.(the Next stage after defence if they wish to proceed)

[compilerz]

Thank you Andy.

You're correct I just received papers from court Notice of proposed allocation in the small claims track.

It says I have to complete and return by 6th of Feb small claims directions questionnaire (form N180).

 

This means they wish to proceed while they're trying to contact me daily.

The form speaks about mediation service as well.

Shall I continue to ignore their calls?

Fill the form and return it?

I've never been in this situation before and am clueless.

 

Many thanks lads!

Angela

[AndyOrch]

Your choice if you wish to speak to them....you dont have to agree to anything...but you must return the completed n180 by the date stated...yes to mediation..yes to small claims track...and name your local county court..the rest is self explanatory.

 

If you dont submit it the court can strike out your defence.

[Jobyboy]

Compilerz, did this get resolved in the end? Very interested to find out.