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mmf/moriarty law claim form - old Cash on go T/A Peachy PDL***Claim Dismissed***

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Hello and firstly thank you for taking the time to read. I have received court papers from a law firm in relation to an old debt they claim is owed. I have tried to deal with it amicably, but before answering all my questions they issued proceedings.

 

I am obviously not happy and intend to defend the claim. I have written a draft defence below and would be grateful if people could have a read and give feedback where appropriate. I just want to make sure I am getting my argument across from a legal perspective

 

Issue date 19th June

 

 

Name of the Claimant MMF

 

What is the claim for –

 

1.The defendant owes the claimant £175 under a regulated loan agreement with XX dated XX 2012 and which was assigned to the claimant on XX 2014 and notice of which was given to the defendant on the XX (Debt).

2.despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £175

3.and further claims interest theoron pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8% p.a. amounting to £14

 

What is the value of the claim? £264 including costs

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Payday Loan

When did you enter into the original agreement before or after 2007? Jan 2012

 

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. No. Account assigned. Claim is on behalf of 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? Never made any I dont think

 

What was the date of your last payment? as last question

 

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

 

My defence is drafted as below:

I received a letter on the XX from XX stating I owed £175.00 to a company called XX Limited.

 

sent a letter registered post, asking for proof of the debt as it was nothing I had heard of previously.

 

 

made clear I acknowledged no debt to either company and made clear the debt was in dispute.

 

 

requested a number of documents at this stage including a copy of the original credit agreement, statement of account and notice of assignment.

 

then received a letter to say the debt would be put on hold until the situation was resolved.

 

received a number of documents on the XX; however the documents were very vague and unclear.

 

The notice of assignment has no date or detail around what was being transferred.

I do not believe this to have been a true copy.

 

The statement of account gave no explanation of how the amount owed was calculated.

The statements provided show an amount owed of £320, but no explanation of how this amount has reduced to £175

only an overview that is was subject to an ‘FCA write down procedure’.

 

 

The claimant alleges the debt was originally £100, but there is no explanation on how the additional charges have been calculated.

 

There were no other documents / copies of letters sent to allow me to establish if I was responsible for the debt.

 

There was no notice of default or any other documentation to show that the debt had been processed in line with the law.

 

sent a further letter registered post on the XX requesting further information, clarifying that I still considered the debt as in dispute.

 

A letter was received from the claimant stating I still owed the debt, but gave no acknowledgement to my letter dated XX.

 

sent a further letter on the XX, confirming I was disappointed that the claimant had failed to respond to my original letter.

asked for my concerns to be treated as a formal complaint, and requested a copy of the claimant’s complaints procedure.

 

then received a letter from the claimant on the XX stating court proceedings had been issued.

 

Court papers followed this, giving a very vague overview.

 

Following this

I sent a CPR 31.14 request to the company.

No response was received at the time of writing.

 

I still have no idea what the debt is in relation to, and I am yet to receive any acknowledgement of my complaint from the claimant.

 

My next step was to raise my complaint with the Financial Ombudsman (the 8 week period would have passed for this on the 20th June 2017),

however given that court proceedings have now been issued, the claimant denied me my right to do this.

 

The claimant is attempting to use the court process , ignoring my correspondence / complaint and pursuing a vexatious complaint against me, against FCA guideline on debt collection.

 

I therefore put forward:

 

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.

The Defendant is unaware of what account or contract the claimant refers to nor ever recall receiving any Default Notice as alleged pursuant to the CCA1974.

 

2. The Claimant states this alleged contract was assigned to it but gives no date, and that notice has been given to the Defendant. This is denied. The Defendant does not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the LoP1924

 

3. The Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; 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;

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. 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 credit Act 1974.

 

6. 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. No response has been received

 

7. The claimant has failed to act in accordance with FCA guidelines on debt collection CONC 6.5.2 R - A firm must give notice to a customer where a regulated credit agreement has been assigned to a third party

 

8. The claimant has failed to act in accordance with FCA guidelines on debt collection CONC 7.5.3 R - A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid.

 

9. 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.

 

Any feedback would be greatly appreciated.


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stop hiding

 

 

and the claimant is not issuing the claim on behalf of the original creditor

they sold it

its nowt to do with the OC now.

simply a fleecing debt buyer hoping for a default non contest rubberstamped judgement whereby no human ever looks at it.

 

 

wise up!


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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or asset and tm

100's of thread here for each of them already too.

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Something says to me Moriarty Law

Name of the Claimant Would rather not say ( XX Law on behalf of XX payday loan company)

 

So OP time to cough up on this one.


 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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that defence has holes

use the std holding defence

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Bet the defence date is wrong also......

 

Issue date ?

 

28+5 is this Friday 28th July 2017


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Something says to me Moriarty Law

 

 

So OP time to cough up on this one.

 

correct. I wasn't being evasive I just wasn't sure if they monitored the forums like they used to.

 

that defence has holes

use the std holding defence

 

 

dx

 

can you point me in the right direction?

 

Bet the defence date is wrong also......

 

Issue date ?

 

28+5 is this Friday 28th July 2017

 

it was I need to submit by this Friday


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Issue date ?

 

28+5 is this Friday 28th July 2017

 

it was I need to submit by this Friday

 

It was what...? what is the date on the claim form?


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It was what...? what is the date on the claim form?

 

 

I'm not sure what your trying to get at? this Friday isn't the 28th and as I have said I need to submit my response by this Friday?


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clarifying your defence filing date

so what date is on the claimform please

 

 

and this is not right :

( XX Law on behalf of XX payday loanlink3.gif company)

the claimant is not a PDL provider- its a debt buyer.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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1.The defendant owes the claimant £175 under a regulated loan agreement with XX dated XX 2012 and which was assigned to the claimant on XX 2014 and notice of which was given to the defendant on the XX (Debt).

 

2.despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £175

 

3.and further claims interest theoron pursuant to section 69 of the county courtlink3.gif act 1984 limited to one year to the date hereof at the rate of 8% p.a. amounting to £14

So something along these lines:

 

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 £175 is owed under a regulated loan agreement with Cash on go Limited T/A Peachy. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 77 request who are yet to fully 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 07/01/2014 from either the Claimant or Peachey.

 

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 Claimants particulars to establish what the claim is for. To date the Claimant solicitors, Moriarty Law, have failed to fully comply with this 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 crediticon 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.


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Losing the will to live here ...can we please have the date of issue on the claim form N1

 

Regards

 

Andy


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19th June


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yea teeth pullings over...

so yes must be filed by 4pm today


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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SO they look OK? Conscious of time?


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yea teeth pullings over...

so yes must be filed by 4pm today

 

is there really any need? I said the defence needed to be submitted by today, so would've been quite easy to work it from my initial post?

 

I have tried to do my best given limited knowledge, sometimes it does feel like you cant win on here. You tell people to go read and 'self help' then when they do you belittle them? Food for thought.


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s4ddys ..the defence is fine so get it submitted before the deadline.

 

With regards to the confusion on the issue date...you simply failed to post it in your initial post #1 ...you typed...

 

28+5 is this Friday 28th July 2017 see my post #7

 

...that does not tell us the issue date and is only a interpretation of how you have worked it out...99.99% of posters always start their count from the second day and not include the actual date as day 1...so we was simply checking the date to confirm you had calculated 33 days from and including...that is all.

 

Andy


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OK fair enough. I do appreciate the help given, but sometimes the pressures of frustration make it feel as if you are having a go.


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Not at all...we understand...but it was a simple question which I asked 3 times...and only to check you had the right calculation so not to miss your filing date.

 

Thats why its the first question on the link...Date of Issue ?

 

Having assisted in 1000s of court claims....as stated most if not all work it wrong...and so we check.:madgrin:


We could do with some help from you.

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well if you'd answered the questions in the first place and trusted us, you'd not of had any problems.

 

but if having a dig gets the job done I will use any tool in my box to achieve it.

 

and it also serves an an example to later readers to not be so candid there really was no need for it

it simply exasperates everyone try to help

 

 

you got there in the end

 

 

was this your only PDL during that period?

as it may well pay you to investigate irresponsible lending reclaiming/write of if there were


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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OK thanks I will have a read.

 

No it wasn't, I had loads at the time.

 

Defence submitted - I will keep the thread up to date.

 

Thanks again.


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you could well have some very valid complaints then

that should ward off more of the same you just got.

CAG Guide To PDL Reclaims

 

 

just remember these claimforms are purely speculative

hoping for a panicked payment

or you ignoring it and them getting a default rubberstamped whereby no human is involved and nothing is checked.

some 750'000 are issued every year


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Just a quick update.

 

Standard letter received to say will be progressing with their claim and defence received.

 

Will await further instruction from the courts.


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