MMF/Moriarty Law claimform - old Mr Lender PDL Loan 'debt'

[beerme1664]

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.

[dx100uk]

moved to the MMF forum

 

 

standard rubbish from this lot.

 

 

its a threat-o-gram and doesn't say WILL anywhere.

 

 

if it gets sticky yes you could always go down the irresponsible lending route

 

 

but just remember that no DCA nor their fake/tame solicitors have

ANY LEGAL POWERS

they ARE NOT BAILIFFS

 

 

 

 

dx

[beerme1664]

Thanks for the quick reply!!

 

So are you saying I should just continue ignoring this...?

[dx100uk]

yes they can willy wave all they want.

 

just don't ignore a claim form from the court

in the very rare chance you might get one.

 

might pay you to get an irresponsible lending complaint running to the original creditor

 

use our search CAG box in the top red toolbar

plenty of info here on doing that already

[beerme1664]

I have searched my old emails and found all of these in my SPAM....

 

In chronological order...

 

Motormile Finance UK

20/03/2015

 

to me

Our Ref:

 

Original Creditor: Mr Lender - Debt Assigned to Motormile Finance Uk Ltd

 

Original Outstanding Balance: £1707.75

 

Current Outstanding Balance: £1312.5

 

Dear Mr

 

We write with regard to the recent change in the High Cost Short Term Credit sector, whereby any customers taking out a loan on or after the 2nd January 15 will never need to pay back more than twice (200%) what they have originally borrowed.

 

As a business, we have voluntarily taken the decision to reduce this further and cap the maximum balance to be 175% of what our customers originally borrowed.

 

Your account balance has now been reduced to £1312.5

 

If you wish to discuss this reduction or speak to a Customer Service Representative, then please call us on 0113 887 6876. Alternatively, you can arrange a call back by replying to this email.

 

If you are already in an instalment plan, your repayment will remain the same. However, if you wish to repay this account, vary your existing arrangement or discuss a possible settlement, one of our representatives will gladly discuss this with you in order to agree a reasonable and affordable plan that suits your needs.

 

Yours sincerely

 

Motormile Finance UK Ltd

 

 

 

Motormile Finance UK

21/05/2015

 

to me

Our Ref:

 

Original Creditor: Mr Lender - Debt Assigned to Motormile Finance Uk Ltd

 

Balance: ££1,312.50

 

Dear

 

We have noticed that you may have missed the opportunity to accept our recent offer of discount on your account(s). The good news is that we are able to extend this offer until 27th May 2015.

 

Not only is your account eligible for the discount, we can even spread the reduced balance into affordable repayment amounts for you based on your financial circumstances.

 

The offer is as follows:

 

Repayment time Amount to deduct from the balance

Immediate repayment 35% discount

Spread the instalments over 3 months 25% discount

Spread the instalments 4-12 months 20% discount

Spread the instalments over 12 months + 10% discount

 

Please contact us on 0113 887 6876 and our friendly customer service agents will be more than happy to talk you through the options and assist you reach the right solution to repay the remaining balance.

 

Alternatively, you can arrange a call back or discuss the matter generally by emailing us on

 

We urge you to consider this offer as this will enable you to clear your account(s) sooner.

 

Yours sincerely

 

Motormile Finance UK Ltd

 

 

 

Motormile Finance UK

27/05/2015

 

to me

Our Ref:

 

Original Creditor: Mr Lender - Debt Assigned to Motormile Finance Uk Ltd

 

Balance: £1312.50

 

Dear

 

We have noticed that you may have missed the opportunity to accept our recent offer of discount on your account(s). The good news is that we are able to extend this offer until 29th May 2015.

 

Not only is your account eligible for the discount, we can even spread the reduced balance into affordable repayment amounts for you based on your financial circumstances.

 

The offer is as follows:

 

Repayment time Amount to deduct from the balance

Immediate repayment 35% discount

Spread the instalments over 3 months 25% discount

Spread the instalments 4-12 months 20% discount

Spread the instalments over 12 months + 10% discount

 

Please contact us on 0113 887 6876 and our friendly customer service agents will be more than happy to talk you through the options and assist you reach the right solution to repay the remaining balance.

 

Alternatively, you can arrange a call back or discuss the matter generally by emailing us on

 

We urge you to consider this offer as this will enable you to clear your account(s) sooner.

 

Yours sincerely

 

Motormile Finance UK Ltd

 

 

Motormile Finance UK

14/07/2015

 

to me

Our Reference:

 

Original Creditor: Mr. Lender Payday Loans

 

Balance: £1312.50

 

Dear Mr

 

This is a further communication in relation to the above as you have not responded to our previous attempts to communicate with you.

 

Despite our offer of help you have not contacted us. It is vital that we speak to you - there is a solution available but in order to conclude this matter we need to understand your circumstances.

 

We are a specialist team of agents who can genuinely assist you. Please act immediately.

 

You can contact us on 0113 887 6876 or email us at [

Our opening hours are Monday to Thursday 8am to 8pm, Friday 8am to 6pm and Saturday 9am to 2pm.

 

Yours sincerely

 

Motormile Finance UK Limited (MMF)

 

 

 

Then the following from this year;

 

 

10 May

 

to me

OUR REFERENCE:

ORIGINAL CREDITOR: Mr. Lender

CURRENT OUTSTANDING BALANCE: £1312.50

Dear Mr

 

Unfortunately, despite our efforts to contact you we have been unable to do so.

 

It is still our intention to set the correct plan with you to clear this amount based on your circumstances all we ask is that you pay what you can afford. For example we have many customers paying as little as £5 per month.

 

You can set up a payment plan by calling us on 0113 887 6876 or by emailing us atif you prefer not to speak to an agent.

 

If you are experiencing financial difficulties we have a team of specialist agents who are equipped to understand and deal with your situation. Alternatively free debt advice is available which provides confidential and impartial advice from one of the organisations listed on our website,

We look forward to hearing from you.

 

Yours sincerely

 

 

 

Motormile Finance UK Limited (MMF)

 

 

 

 

20 May

 

to me

OUR REFERENCE:

ORIGINAL CREDITOR: Mr. Lender

CURRENT OUTSTANDING BALANCE: £1312.50

Dear Mr

 

We write following our recent introduction, however as yet we have not heard from you.

 

Our intention is to reach an amicable and affordable solution on this account. In order to do this we need to understand your financial circumstances as any agreement we reach with you is dependent on this.

 

If you have more than one account with us the breakdown is shown below

 

The quickest payment methods are by debit card over the phone or by visiting our web site

 

You do not have to pay the full amount if you cannot afford to do so. Call us on 0113 887 6876 where our agents will be happy to reach the right solution.

 

If it is more convenient, or you would like to request us to call you at a suitable time, you can email us at

 

Information pertaining to this account may be registered with credit referencing agencies, this information may then be used by future lenders, landlords and employers and may affect your ability to secure credit in the future.

 

We look forward to hearing from you with 7 days to prevent any further communication.

 

Yours sincerely

 

 

Motormile Finance UK Limited (MMF)

 

 

 

 

9 Jun

 

to me

Dear Mr

 

OUR REFERENCE:

ORIGINAL CREDITOR: Mr. Lender

CURRENT OUTSTANDING BALANCE: £1312.50

We have made several attempts to contact you regarding your account(s), however we do not have a solution in place.

 

If you have more than one account with us the breakdown is shown below

 

You do not have to pay the full amount immediately - we are keen to reach an affordable solution with you in line with your financial circumstances. Using our expertise we will help assess your affordability however to do this we need to speak with you. Please contact us on 0113 887 6876.

 

Alternatively, if you prefer you can:

email us with a payment proposal, register a dispute or request a call back on or

 

visit our website on [ to make your payment, submit a financial statement and offer of payment.

 

Please treat this matter as urgent and take action today to prevent any continued communication.

 

Our office opening hours are Monday to Thursday 8am to 7pm, Friday 8am to 6pm and Saturday 10am to 1pm.

 

Information pertaining to this account may be registered with credit referencing agencies, this information may then be used by future lenders, landlords and employers and may affect your ability to secure credit in the future.

 

Yours sincerely

 

Motormile Finance UK Limited (MMF)

 

 

 

 

13 Jun

 

to me

OUR REFERENCE:

ORIGINAL CREDITOR: Mr. Lender

CURRENT OUTSTANDING BALANCE: £1312.50

 

Dear Mr

 

Unfortunately, despite our efforts to contact you we have been unable to do so.

 

If you have more than on account with us the breakdown is shown below

 

It is still our intention to set the correct plan with you to clear this amount based on your circumstances.

 

We may even be able to offer a discount to assist in clearing this account sooner and still be able to spread the repayments.

 

As a reminder:

 

• you can contact us on 0113 887 6876 to discuss your account with our agent and the most appropriate payment method for you;

 

• email us at to inform us of your circumstances, request a call back or make an offer of payment; or

 

• Alternatively, you can visit our website ] where you can submit your offer or make a payment.

 

If you are experiencing financial difficulties we do have a specialist team equipped to understand and deal with your circumstances. Gain peace of mind by speaking to our agents and reaching a solution today.

 

Our office opening hours are Monday to Thursday 8am to 7pm, Friday 8am to 6pm and Saturday 10am to 1pm.

 

Information pertaining to this account may be registered with credit referencing agencies, this information may then be used by future lenders, landlords and employers and may affect your ability to secure credit in the future.

 

Yours sincerely

 

Motormile Finance UK Limited (MMF)

 

 

 

 

Attachments25 Nov

 

to me

CUSTOMER REFERENCE:

CURRENT OUTSTANDING BALANCE: £1312.50

 

Dear Mr

 

We have been attempting to contact you and secure a solution to repay the above account for some time and have been un-successful so far.

 

In light of this and as the matter remains unresolved, we will now instruct our solicitors partners to commence recovery action.

 

If you prefer to speak with us and resolve this matter before this next step, our offer of help in finding the right solution still stands but you must act quickly to prevent this course of action by calling us today on 0113 887 6876.

 

If you prefer you can email us at

 

If you are experiencing financial difficulties please be assured that our specialist team will be able to assist you.

 

Information pertaining to this account may be registered with credit referencing agencies, this information may then be used by future lenders, landlords and employers and may affect your ability to secure credit in the future.

 

Please find attached your statement of account.

 

If we do not hear from you within the next 7 days we will be left with no alternative but to refer your account to Moriarty Law Limited.

 

Yours sincerely

 

Motormile Finance UK Limited (MMF)

 

 

I will upoad the attachments once I have had a chance to edit them....

 

Many thanks,

Dave.

[dx100uk]

well that's where they belong

in the spam folder!!

 

just shows you how hollow their threats really are

discount after discount

payment offer after payment offer

begging after begging..please pay us something.

 

if these idiot DCA's really did have any legal powers whatsoever

they'd never waste time sending threat-o-0grams

they'd go straight to court.

 

which is ofcourse the only thing they can do..

the same as you or I [as they have no more legal powers than you or I]

issue a claim form.

 

quite honestly as this is several years old now

if they were going to jump off the rooftop

they would have done by now

 

i'd be ignoring them.

[beerme1664]

OK, once again, BIG THANKS!!

 

I will continue to ignore them and report anything else.

[CaggerInThe90s]

@BEERME1664 ...I have recived the 2nd of these letters from Moriarty via MML for similar amounts.

I am keen to know what has happened? Have you had any further contact or action taken against you?

[dx100uk]

you need to start a new thread

of your OWN please

 

 

dx

[beerme1664]

Name of the Claimant ? MOTORMILE FINANCE

Date of issue – 09/02/2017

What is the claim for –

 

1.the defendant owes the claimant £1312 under a regulated loan agreement with pdl finance ltd t/a mr lender dated 06/05/2014 and which was assigned to the claimant on 12/08/2014 and notice of which was given to the defendant on the 12/08/2014 (debt).

2. despite formal demand for payment of the debt the defendant has failed to pay

3.and the claimant claims £1312 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 £105.

 

What is the value of the claim? £1567

 

Is the claim for a current account (Overdraft) or credit/loan account 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. 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? I THINK SO

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NOT THAT I AM AWARE OF

Why did you cease payments? I NEVER ACTUALLY MADE ANY PAYMENTS TOWARDS THE ORIGINAL PDL

What was the date of your last payment? N/A

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? YES, CALLED MR LENDER ON PHONE

NO TO DEBT MANAGEMENT PLAN

I have done the AOS stating that I intend to defend, (see attached).

I will send CCA's tomorrow special delivery.

I just want to make sure I am doing this correctly....

 

Thanks guys/girls.

AOS MrLender.pdf

[dx100uk]

urm Mr lender sold it 3 months after you took the loan out ??

when did you take the loan out?

how much for?

and was this your ONLY loan with them?

 

 

CCA to MMF

CPR to Moriarty

[beerme1664]

I had many pdl from them previously....ALL paid off exactly when they should have been, never rolled them or late payments. The loan was for £750 and when I phoned them to explain I couldn't pay they just weren't interested!! This is the only current loan from them.

[dx100uk]

ok ta so the total cost of the loan+int was as they claim?

[beerme1664]

I guess so....£1312 claim + £105 interest +£70 court fee + £80 legal representatives costs is the break down, totalling £1567.....if they succeed in taking it through the ccj system....I'm guessing the £1312 is the original £750 + interest...

[beerme1664]

Quick question.........what are my options if these guys come up with the goods required for them to proceed?

[dx100uk]

probably a very low £PCM consent/tomlin order to avoid the CCJ being registered

or is your credit file already shafted for 6yrs by other stuff?

[beerme1664]

mmmmmm, credit files in the toilet, but no CCJ's, however I do have another pending for T-Mobile that I do owe and is being handled by Lowells. I am going to try and negotiate with them to pay it off and hopefully they won't go CCJ route...

[beerme1664]

UPDATE- Had a letter from MMF in response to my CCA request;

 

Unfortunately your account has been passed to our legal department Moriarty.

 

Moriarty have failed to respond to my CPR request.

 

I will draft a defence and post here for approval.

 

Thanks all.

 

They actually responded twice,

once dated 6/3,

then another on 7/3,

 

same letter but the second one included the return of my postal order.

 

Here are the letters...

MMF CCA Response 060317.pdf

MMF CCA 2 070317.pdf

[dx100uk]

well that's upto them

but they'll still need to comply whatever happens

[beerme1664]

So, I'm going to file a Holding / No paperwork defence, but I cannot find a template....and yes, I have tried the red search box....maybe I'm being a bit thick.....can somebody give me a link or something.

[dx100uk]

there are no templates

each defence is unique as such to your situation and your players..

 

 

I notice you've not really been searching much

 

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=despite+formal+demand+for+payment+of+the+debt+the+defendant+has+failed+to+pay+&sa=Search+CAG#gsc.tab=0&gsc.q=despite%20formal%20demand%20for%20payment%20of%20the%20debt%20the%20defendant%20has%20failed%20to%20pay&gsc.page=1

 

 

and I see you've seen the thread with one that might well help

[beerme1664]

Apologies, I was looking for a template, now I know why I couldn't find one.....

[dx100uk]

well you would have realised that if you'd read a few more legal threads...

but hey..

just don't copy and paste it exactly

it needs to be aligned to their poc...

[beerme1664]

Please take a look at this. Any feedback would be great and thanks again.

1. The defendant owes the claimant £1312 under a regulated loan agreement with PDL finance ltd t/a Mr Lender dated 06/05/2014

 

2. and which was assigned to the claimant on 12/08/2014 and notice of which was given to the defendant on the 12/08/2014 (debt).

 

3. Despite formal demand for payment of the debt the defendant has failed to pay.

 

4. The claimant claims £1312 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 £105.

 

 

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 PDL finance Ltd t/a Mr Lender. I do not recall the precise details or agreement and have sought verification from the claimant who is unwilling or unable to comply.

 

3. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served in 2014 from either Motormile Finance or PDL Finance Ltd t/a Mr Lender.

 

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 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 request and their solicitors, Moriarty Law, have have failed to respond to a CPR 31.14 request.

 

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.

[beerme1664]

Can't edit the post now, but I have noticed the "have have" error...