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    • I'm sorry to say that nothing you have written above changes anything. You need an address. I suppose you could get some investigator to find it but the amount of money it will cost you will probably exceed what you are claiming. Also, you need to be very careful about the way that you approach this because you don't want to find yourself in a position where suddenly the tables are turned on you and you are being subject to complaints about harassment. This means that you need to be very delicate and gentle and discreet about the enquiries you make. There is a way of serving papers on someone if you cannot find their address – if you happen to know their bank, for instance or a lawyer that they use, for instance. Or their place of work. It's called "substituted service" – but it's not straightforward. I don't know the procedure particularly but I'm quite certain that it requires an application to a judge and this itself will cost you money and although the amount that you are claiming is a significant amount of cash, you may still decide that it's not worth it. I'm only referring to this procedure so that you know about it – but not as a serious suggestion that you try it.   https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06
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      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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mmf/moriarty law claim form - old wageday PDL


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Hey CAG,

 

 

Hopefully someone can help me out with this issue.

 

I just got a court letter issued 27th of June from MMF via Moriarty Law looking for payment from a payday loan taken out in 2011 from wageday advance for just over £400 (The claim was filled with the Northampton County Court).

 

I went online and responded to the claim with an acknowledgement of service,

however I can see that I am over the 14 days I had to respond to the initial claim and now I am a little worried that they may have already filled the CCJ.

 

I want to defend the claim as I am 80% sure they took the money out of my account (even though I had no overdraft facility) from LloydsTSB which left me with a debt with the bank.

 

 

However it's been over 6 years from the initial default with wageday,

I've moved a number times since then, and Lloyds and TSB are now two separate entities so it's doubtful I have the proof of this.

 

I am hoping someone on here could help me with what type of response I should issue to the court, or to any of the claimants specifically?

 

 

I really don't want a CCJ (who does) and I've recently got on top of some really bad debts so this would be a major blow to my credit.

 

If someone could help me out, I'd be eternally grateful.

 

 

Thanks!

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

 

please complete the above

 

dx

 

if you've been able to AOS then the claims gone nowhere

what does your credit file say the last payment was?

 

if there is any chance this was more than 6yrs ago

go ring WD and findout whatever it takes

but don't ring the claimant or their dogs.

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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Hi DX,

 

Name Of Claimant : MMF

 

Issue date from the court: 27/6/17

 

Particulars of claim:

 

1.Defendant owes the claimant £400 under a regulated loan agreement with Wageday dated 09/2011 which was assigned to the claimant 01/2014 and notice of which was given to the defendant on 01.2014 (debt)

2.Despite formal demand of payment of the debt the defendant has failed to pay and the claimant claims £400

3.and further claims interest thereon pursuant to section 69 of the county courtlink3.gif act 1984 limited to one year to the date hereof... "

(it's just the interest and the interest amount stated hereafter)

 

What is the value of the claim? £500

 

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

When did you enter into the original agreement before or after 2007? 2011

 

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. MMF

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I remember getting MMF letters in recent months, don't recall a Notice of Assignment

 

Did you receive a Default Notice from the original creditor? Don't believe so

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure - as I mentioned, I have moved a good number of times in recent years

 

Why did you cease payments? I believe Wageday were able to drag the amount out of my LloydsTSB account which left me in debt to the bank. I have never made a payment of that reason

 

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

 

Was there a dispute with the original creditor that remains unresolved? Yes, I suppose there is. I dispute that they even have a debt to be collected

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? No

NOTE

 

So should I send the CCA request and the CPR31.14 request?

I think my most pressing problem is that I have missed the 19 day window (I did not ignore the letter, just never got it as there is an issue with communal post)

 

EDIT

 

Just read your response, okay great, at least i still have time.

I've tried to ring Lloyds and TSB but they keep giving me the run around and not specifying who the account would be with now, Lloyds or TSB.

I guess I''' try some more in the meantime and won't call the claimants or legal team

 

I use noddle and it's not on my file at all. LloydsTSB is, but they're not.

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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway 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

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

 

sit on the phone tomorrow and find that last payment details.

 

it could mean the difference between a walk in the park win without having to attend

to having to goto court prepare a witness statement and months of worry

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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Okay brilliant, I'll get on all of the above and hopefully it'll all work out. Thank you!

 

Just to add some more info,

 

it seems like back in 2011 when the debt was still with wageday,

 

I asked for an extension to pay but I wasn't granted the extension.

 

Also the amount they said was outstanding is more than what they are asking for now.

 

Not sure if this makes any difference

 

More info,

not sure if this changes anything

 

Moriarty wrote to me today saying they'll issue a judgement against me 14 days from the date of the letter.

 

They also offered me a payment plan to stop the proceedings.

 

Should I just wait to see what they say after in response to the CPR 31.14 request

 

I am worried that my 33 days will be up before the 12 days they have to respond so I'm not sure how I am going to go about my defence.

 

If anyone has any recommendations, that'd be great

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you don't want them to reply...think about it

you simply file the no paperwork/holding defence on numerous MMF/ML claimform threads here already you should go read.

 

as for that letter

they've already issued a claimform.

and they cant issue any judgements

only a judge can do that

read it properly

 

pointless willy waving letter

 

dx

 

did you do as asked and find that payment date out.....

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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Good to know. I'll read the other threads, I think I just let my nerves get the better of me and panicked when it's unnecessary. Thank you for the help.

 

Going over things I believe I just paid the interest on my initial loan but not my rollover loan which is where this issue stems from. It was another company that took money from my bank account.

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last payment 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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who was this 'other company' that took the money?

and how do you know it went off this debt?

 

 

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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Sorry if I wasn't clear, the company that debited the money from my Lloydstsb account was one completely unrelated to wageday and any of their associates.

 

The payment I made on the 25/10/11 was different and went straight to wageday

 

I also now see they had really upped the amount owed with different charges. Initial repayment with interest was in the 300s but now they say it's way over 400

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  • 3 weeks later...

Last week I received a letter from the court confirming my defence and the 28 day window for the claimant.

 

Today I received a scanned letter from MMF, and a copy of the credit agreement from Wageday Advance.

They returned the £1.00 postal order.

They also said "unfortunately, your account has now been transferred to our legal department Moriarty Law".

 

Now I'm reading through the credit agreement (it's a running account credit agreement) that they sent me from Wageday Advance and there appear to be a few discrepancies.

They sent me a credit agreement which is dated earlier than the date they gave on the Claim Form.

 

I realise that the date they gave on the Claim Form is from when I got a reloan (or drawdown loan) from Wageday, and not from the original loan I had with Wageday Advance.

 

I found an old email with all the details for the drawdown loan (this email has the same date as the date given on the Claim Form),

however, the agreement number MMF have sent me and the one on the email isn't the same.

 

I also found another email which relates to the original loan, and again, the agreement number doesn't match with the one MMF have sent me.

 

I am also trying to calculate how they came to the figure they gave on the claim

- the original agreement (the one MMF sent me) is barely over £100.00,

and even if I added this number to the drawdown loan I received, it still wouldn't add up.

 

The agreement they sent also isn't signed by the creditor

(I know it was an online agreement, but my name is stamped the debtor section, while their section is blank).

 

I was wondering if this information gives me any sort of advantage, or at least something to question if it goes to court?

 

Thanks!

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their not stamping it is not am issue

however the CCA having a differing take out date to the one stated on the claimform IS

its not the agreement for the loan they are litigating on

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, good to know. I wasn't sure because it's a running credit agreement, but I'l make sure to mention the discrepancy if the case goes further.

 

I'll leave everything for now and see what they do before mentioning it.

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  • 4 weeks later...

Updating as the court sent me the DQ letter

 

having looked over the forum I know I should say yes to mediation.

 

I was wondering,

should I tick the box saying I have all the information needed to go forward

even though the lawyers never responded to my 31.14 request?

 

Only MMF sent me the original agreement with some discrepancies.

 

Also is there any way of know if the other side sent their DQ?

 

Thanks again

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yes to mediation

yes to paperwork

1 wit you

the rest is obv

 

 

ofcourse you'll know as you each have to send each other a copy read it properly

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 again DX

the other side submitted their DQ today (the deadline) and I assume I'll get much copy in the next few days.

 

I've read the mediation post on here and it suggests not revealing too much,

 

I'm wondering if I should mention that the loan agreement number they sent me (from the s77 request) isn't the same as the original agreement number I have from back in 2011?

 

the amount asked for in the Claim and the amount on the loan agreement they sent aren't even close;

should this be brought up

or should I just ask how they got to that figure?

 

Thanks!

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Psrs I'd simply say when asked about have you enough paperwork no

Mediation will fail

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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  • 2 weeks later...

Last week I received a call from the court asking if I was suitable for mediation

I told them that the other side hadn't given me what i had requested and hadn't sent me their DQ.

 

The person I spoke with suggested that I wait until the end of next week (tomorrow) to call them back and tell them if I can go ahead with mediation.

 

As it stands, Moriarty still hasn't sent me what I've requested, they sent me an email a couple of days ago asking me to call them.

 

I'm wondering should I respond or will my lack of response be used against me at a later date?

Thanks again

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You can ring them in this instance...ask what they want...you dont offer any information..dont get into discussions re the court claim

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

 

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Thanks Andy.

 

I called them and gave them my name and address (they already have them) and needed to provide it to proceed.

 

They kept asking if I had all the information I needed (I didn't answer) and if I wanted to discuss about any financial deal.

 

 

I just kept asking what the email it was about and as it was obviously about making a deal,

I just ended the call after clarifying what the email was about and the operative said "well you want to go ahead with mediation then".

 

I called the mediation service but no answer so I'll call them on Monday to say I can't go ahead as I still haven't got the information.

 

Was it okay that I didn't answer moriarty when they asked if i had all the information? Thanks, just a little confused on this point!

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Yes thats fine..you called their bluff.

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

 

If you want advice on your Topic please PM me a link to your thread

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  • 2 months later...

Hi again,

 

I received a letter from the court with an court date in January and a deadline for witness statements in mid-December.

 

I just got an email from Moriarty finally complying with the 31.14 request (also asking if i want to make a deal)

and they sent me a statement for the wageday account

and a letter when wageday assigned the debt.

 

That said, on the account letter they sent,

they said I owed more than in an emails i have from them (I have uploaded the images).

Also the assigned debt letter is just printed up and has no address?

 

I'm wondering as i denied the claim in the first place,

can I use these discrepancies against them?

 

I have yet to check out the witness statement templates on here but will look later,

just not sure what I can and can't use,

and where i should start.

 

Any help is appreciated.

Thanks!

docs1.pdf

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" Also the assigned debt letter is just printed up and has no address? "

 

Invalid then...it should have both parties full address to be legally valid.

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

 

If you want advice on your Topic please PM me a link to your thread

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